City of Glendora, CA Chapter 21.07 OVERLAY ZONES

Note: Sections 21.07.010, 21.07.020 and 21.07.050 were deleted by Ord. 1958.

§ 21.07.030 Special height overlay (H).

A. Purpose. The purpose of the special height overlay is to accommodate land uses that require a greater building height than is permitted in certain zones. The special height overlay may be applied to the underlying zones of C-2, C-3, CM, MS, M-1, IP and PR.

B. Development Standards.

1. Height. A building may exceed the height limitation applicable to the underlying zone, but shall not exceed eight stories or eighty feet in height, as measured from finish grade, whichever is greater.

2. Front Yard. The minimum front setback shall be twenty-five feet.

3. Side Yards. The minimum side setback shall be twenty feet plus four feet for each additional story in excess of two stories.

(Ord. 1618 § 1 Exh. A, 1993; Ord. 1983 § 8, 2014)

§ 21.07.040 Mobilehome park overlay (MHP).

A. Purpose. The purpose of the mobilehome park overlay is to provide appropriate locations where mobilehome parks may be established and maintained. These regulations are intended to promote an orderly and pleasant residential environment in harmony with surrounding land uses.

B. Permitted uses: Mobilehome parks.

C. Development Standards.

1. Lot Area. The minimum lot area shall be twelve acres.

2. Floor Area Ratio. The floor area of a mobilehome shall not exceed fifty percent of the area of the space upon which it is located.

3. Space Requirements. Ninety percent of all mobilehome spaces in each mobilehome park shall exceed three thousand square feet in area.

4. Yard Requirements. Every mobilehome park shall have front, side, and rear yards not less than the front, side and rear yard requirements of the R-3 zone.

5. Walls. Masonry walls not less than thirty-six inches in height shall be constructed along front and street side yard setback lines, except for openings for access. The required wall along a street side yard may be deleted by maintaining a fifteen-foot side yard.

6. Landscaping. Front yards and street side yards shall be fully landscaped with drought tolerant plant materials and automatic irrigation and shall be permanently maintained.

7. Height. The maximum building height shall be twenty-five feet, but not exceeding two stories.

8. Interior Streets.

a. Two-way streets shall be not less than twenty-six feet in width.

b. One-way streets shall be not less than sixteen feet in width.

c. Where on-street parking is provided on the interior road system, an additional eight feet of street width shall be required for each lane of parallel parking provided.

9. Refuse Areas. Refuse areas shall be provided for the storage of refuse containers. All refuse shall be deposited in refuse containers in the refuse areas, which shall be screened by walls six feet in height and a solid gate not less than five feet in height. The gate shall be maintained in good working order and shall remain closed except when in use. The refuse containers shall be of sufficient size to accommodate the trash generated.

D. Development Plan Review Required. The development of a mobilehome park or any addition or alteration to a mobilehome park shall be subject to development plan review in accordance with Section 21.02.040.

(Ord. 1618 § 1 Exh. A, 1993)

§ 21.07.060 Historic preservation overlay (HPOZ).

A. Purpose. The purpose of this section is to promote the general welfare, cultural enrichment, and economic prosperity of the people by providing for the identification, protection, preservation, and enhancement of areas of the city having historic, architectural, or cultural significance.

B. Definitions. For the purpose of this section, the following words have been defined:

"Contributing resource"

means a contributing building, site, structure, object, or landscape feature adds to the historic architectural qualities, historic associations, or archeological values for which the district is significant because it was present during the period of significance, and possesses physical integrity reflecting its character at that time.

"Historic preservation overlay zone"

means a geographically definable area which contains buildings, sites, structures, objects, and landscape features, or a combination thereof, that are historically significant to the history of the city, state, or nation.

"Noncontributing resource"

means a noncontributing building, site, structure, object, or landscape feature does not add to the historic architectural qualities, historic associations, or archeological values for which the area is significant because it was not present during the period of significance or due to alterations, disturbances, additions, or other changes, it no longer possesses physical integrity reflecting its character at that time.

"Period of significance"

means the period of time in which the area achieved significance.

C. Criteria for the Designation of Historic Preservation Overlay Zones. To be designated as an HPOZ, an area must possess a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or landscape features united historically or aesthetically by plan or physical development and meet one or more of the following criteria:

1. Exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, or architectural history; or

2. Is identified with persons or events significant in local, state, or national history; or

3. Embodies distinctive characteristics of a style, type, period, or method of construction or are valuable examples of the use of indigenous materials or craftsmanship; or

4. Is the notable work of a master builder, designer, or architect; or

5. Pertains to features of early Glendora.

D. Historic Preservation Overlay Zones Designation Procedures. HPOZs shall be established in the following manner:

1. Any person may request the designation of real properties as an HPOZ by submitting applications for such designation to the city planning department. The planning commission or city council may also initiate such an application on its own motion.

2. Applications must include a statement of significance explaining how the area meets the criteria set forth in subsection C of this section and establish a period of significance, a physical description of the area, a list of contributing and noncontributing resources, an inventory form for each resource in the area including the address, legal description, date of construction, and black-and-white photograph of the front elevation, map delineating the boundaries of the proposed HPOZ, and a petition with the signatures from owners of fifty-one percent of the properties in favor of the designation of the area as an HPOZ. The application may also identify other significant features in the district including streetlights and street trees.

3. The department shall make a written report on the application and shall transmit such reports to the planning commission with its recommendation to approve, conditionally approve, or disapprove the designation of the area as an HPOZ within thirty days of the application being accepted as complete.

4. The planning commission shall hold a public hearing at the time and place fixed for the hearing, within sixty days of receiving the report from the department. The commission may, when it deems such action necessary or desirable, continue such hearing to a time and place certain. Action upon an application for the designation of an HPOZ shall be taken by resolution of the planning commission. This resolution shall state the findings of facts relied upon in making such determination. If appropriate, the planning commission shall recommend to the city council alternative development standards for the HPOZ. The planning commission's recommendation(s) shall be forwarded to the city council which shall take action by approving, modifying or denying the recommendation(s) of the planning commission.

5. No building, alteration, demolition, or relocation permits within the boundaries of the proposed HPOZ shall be issued while the public hearing or any appeal related thereto is pending.

6. Notice of the date, place, time, and purpose of the planning commission hearing shall be given by advertisement once in a newspaper of general circulation and by first class mail to the applicants and the private owners and private occupants residing or owning property in, or within five hundred feet of the proposed HPOZ at least ten days prior to the date of the public hearing. The names and addresses of such owners shall be obtained from the latest equalized assessment rolls of the Los Angeles County tax assessor's office.

E. Amendment and Revocation of Designation. The criteria for amending or revoking an HPOZ are as follows:

1. The property(s) has ceased to meet the designation criteria for HPOZs as outlined in subsection C of this section because the qualities which caused them to be originally designated have been lost or destroyed.

2. Additional information indicates that the property(s) does not comply with the designation criteria for HPOZs as outlined in subsection C of this section.

3. The procedures for the amendment and revocation of an HPOZ shall be the same as that outlined in subsection D of this section.

F. Permit Procedure. After the designation of the HPOZ no alteration in the exterior appearance of a contributing site, building, structure, object, or landscape feature may be made unless an application for a certificate of appropriateness has been submitted and approved by the Planning Commission. The following procedures shall be followed in the processing of applications for certificates of appropriateness:

1. Applications shall include photographs, construction drawings, and other documentation such as samples deemed necessary to consider the application properly and completely.

2. Applications shall be reviewed based upon the standards set forth in the city of Glendora Historic Preservation Development Handbook. On the basis of written findings of fact, the planning commission shall either approve, conditionally approve, or disapprove the application within thirty days following receipt of a completed application. The decision of the planning commission shall become effective at the time the decision is made.

3. Applications for demolition of contributing resources in an HPOZ may only be approved by the city council upon a showing of economic hardship by the applicant or owner of the subject property pursuant to subsection I of this section.

4. Nothing in this chapter shall be construed to require a certificate of appropriateness for the ordinary maintenance and repair of any exterior architectural feature of a contributing resource of an HPOZ which does not involve a change in design, material, or outward appearance. Nor does this chapter prevent work on contributing resource when the building official certifies to that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code.

5. Failure to obtain permits or plan review approval to do work, or to do work in compliance with permits or plan review approval obtained, shall result in a misdemeanor offense and shall be subject to the requirements of Section 1.01.110 of this code.

G. Appeal of the Planning Commission's Decision to the City Council. The applicant, if aggrieved by the planning commission's decision, may appeal the decision to the city council within fifteen days following the commission's decision. Any such appeal shall be taken by filing a letter of appeal with the city clerk. Said letter of appeal shall indicate wherein the planning commission erred, or such other grounds upon which the appeal is based. Within thirty days of the receipt of an appeal, the city council shall hold a public hearing thereon after giving ten days' notice thereof in the manner provided by subsection (D)(6) of this section. The city council shall take action by resolution either to affirm, reverse, or to modify the decision of the planning commission using the standards listed in subsection E of this section or evidence of hardship as provided in subsection I of this section. The action of the city council shall be final in all respects.

H. Nonapplicability. Sites, buildings, structures, objects, or landscape features identified as noncontributing are not subject to subsection F of this section.

I. Showing of Hardship. The city council shall approve or conditionally approve an application for permit to alter, relocate, or demolish a contributing resource in an HPOZ if the application presents clear and convincing evidence of facts demonstrating to the satisfaction of the city council that disapproval will work substantial hardship on the applicant because of conditions peculiar to the applicant, or because of conditions peculiar to the property. The applicant shall submit a letter to the city council indicating the facts upon which the hardship claim is based, together with any relevant competent evidence supporting the basis for the claim as set forth in the letter. The city council may require an applicant to furnish such additional information that is relevant to its determination of substantial hardship. Within thirty days of the receipt of the hardship claim, the city council shall hold a public hearing thereon, after giving ten days' notice thereon in the manner provided by subsection (D)(6) of this section.

1. In determining whether substantial hardship exists, the city council shall consider the evidence submitted by the applicant and evidence which demonstrates, but is not limited to, the following:

a. Bona fide efforts to rent or sell the property have been unsuccessful.

b. Approval or conditional approval to do work permitted by this chapter will not enable the applicant to rent or sell the property at reasonable rate of return.

c. It is not economically or technically feasible to renovate or undertake an alternative development compatible with the permit criteria outlined in this chapter.

d. Personal or economic circumstances exist which preclude the applicant from performing work in compliance with the permit criteria outlined in the chapter.

e. Land use regulations and development standards, set forth in this title and the Uniform Building Code, preclude necessary renovations or a feasible use of the contributing resource.

2. The city council may delay decision on the application for a period not to exceed nine months to investigate plans to allow for a reasonable use of or return from the property or other measures to preserve the property.

3. The city council shall review the evidence presented at the scheduled public hearing, and take action by resolution stating the findings and facts relied upon in making the decision. The applicant and the owner of the subject property shall be notified by mail of the acceptance or denial of the hardship claim.

(Ord. 1699 § 2, 1999; Ord. 1960 § 3, 2012)

§ 21.07.070 Grand-Foothill multifamily residential overlay.

A. Purpose. The purpose of the Grand-Foothill multifamily residential overlay is to enact certain unique zoning policies intended to promote well planned, multiple-family development through the logical redevelopment of properties located within the overlay area's boundaries, and reward development that consolidates property and/or integrates energy conservation and environmental stewardship into project design. The objective of the overlay area is to obtain a comprehensively planned development area with two and three story residential buildings, an efficient internal circulation system, and a visually pleasing landscaped perimeter around the overlay area. The development concept envisioned by the city as a result of the implementation of the zoning policies that are contained in the overlay area is depicted below.

To the extent the regulations of the Grand-Foothill multifamily residential overlay are in conflict with the regulations of the underlying zone of the area to which it is applied, the regulations of the Grand-Foothill multifamily residential overlay shall govern.

B. Overlay Area. Properties subject to the Grand-Foothill multifamily residential overlay are indicated by the following:

C. Uses.

1. Multiple-family uses, and related accessory buildings, are permitted by right within the overlay area.

2. Senior housing, community care, convalescent and nursing facilities as defined by the California Health and Safety Code are permitted within the overlay area upon the granting of a conditional use permit in accordance with Section 21.02.020.

D. Development Standards.

1. The development of multiple-family residences is subject to the development standards of the overlay area and the underlying zone. Development shall be allowed upon the approval of a development plan review in accordance with Section 21.02.040.

2. The development of senior housing, community care, convalescent and nursing facilities are subject to the requirements of Section 21.05.020(D) and (E). Development shall be allowed upon the approval of development plan review in accordance with Section 21.02.040.

3. Minimum Lot Size. Proposed development in the overlay area shall depict a minimum project size of four acres at the time of development application as evidenced through a lot merger, parcel map, subdivision map or development application filed with the department of planning and redevelopment.

4. Building Height and Stories. Within the overlay area, the development of multiple-family residences may reach a building height of up to thirty-five feet and/or three stories if approved by the planning commission. In granting additional building height the planning commission shall consider the appropriateness of the additional height or story in relation to the proximity to existing residences, building bulk and mass, and the contribution of the additional height to enhancing the overall project design.

5. Setback Requirements. All buildings shall maintain a minimum twenty-foot setback from any property line abutting Foothill Boulevard and Valencia Avenue. Buildings shall have a minimum separation requirement of fifteen feet. No residential structure may be located closer than twenty-five feet to a railroad right-of-way. Accessory buildings and uses may encroach into the railroad right-of-way setback upon the approval of the planning commission.

6. Unit Massing. The maximum number of dwelling units in any structure shall be limited to eight.

E. Density Bonus.

1. Lot Consolidation Density Bonus. Whenever new residential development is proposed in the overlay where the consolidation of lots is necessary to achieve the required minimum lot size, the applicant may be granted up to an additional five dwelling unit per acre density bonus. The bonus shall be calculated by multiplying the project's proposed lot acreage in acres by the amount of the lot consolidation density bonus. Fractions shall be rounded up to the next whole number provided the density bonus does not exceed five units per acre. To qualify for the lot consolidation density bonus, an applicant shall demonstrate that it has consolidated at least one or more parcels. The director shall require the applicant to submit any evidence necessary to document the granting of the Lot Consolidation Density Bonus. The planning commission shall verify the evidence during a project's development plan review process.

2. Environmental Stewardship and Energy Efficiency Density Bonus. Whenever new residential development is proposed in the overlay where the proposed development obtains LEED Silver certification from the U.S. Green Building Council (or its equivalent), the applicant may be granted an additional five dwelling units per acre density bonus. The bonus shall be calculated by multiplying the project's proposed lot acreage in acres by the amount of the lot consolidation density bonus. Fractions shall be rounded up to the next whole number provided the density bonus does not exceed five units per acre. The director shall require the applicant to submit any evidence necessary to certify the project will be capable of obtaining a LEED Silver rating, or its equivalent. The planning commission shall verify the evidence during a project's development plan review process. The applicant shall provide the evidence of the project's LEED Silver certification by the U.S. Green Building Council, or its equivalent prior to the issuance of occupancy.

3. In no case shall a density bonus be greater than ten additional dwelling units per acre under any circumstances.

4. The planning commission shall require that any development proposal seeking a density bonus under subsection (E)(1) of this section shall provide a minimum lot size of four and one-half acres.

(Ord. 1927 § 2, 2009; Ord. 1995 § 3, 2014)