City of Oroville, CA OVERLAY DISTRICTS

§ 17.44.010 General provisions for overlay districts.

Identification of Overlay Districts.

Overlay districts shall be identified by appending the abbreviated name of each applicable overlay district, prefixed by a slash, to the abbreviated name of the underlying zoning district. For example, an R-1 district with a PD-O overlay would be shown as "R-1/PD-O." This method of identification shall be used in all rezoning applications, city meeting agendas and city ordinances.

The zoning map shall identify the location of an overlay district with the naming system described above, or by using an outline, shading or similar method to show the boundaries of the district.

Standards in Overlay Districts. All of the requirements for the underlying zoning district shall apply in an overlay district, unless otherwise specified in the provisions for the overlay district. If there is a conflict between the provisions for the overlay district and the provisions for the underlying zoning district, the provisions for the overlay district shall prevail.

(Ord. 1749 § 4)

§ 17.44.020 HD-O—Hillside development overlay.

In addition to the requirements for the underlying zoning district, the following provisions shall apply in an HD-O district:

Intent. To provide for orderly, harmonious development of the city's foothills with a minimum amount of disturbance of natural terrain by relating residential density to natural topography, and to encourage and provide incentives for excellence of design and engineering techniques. Limitations are imposed upon development and disturbance of natural terrain in order to minimize grading, erosion, runoff, fire hazards, geologic hazards and removal of vegetation, and to help ensure utilization of land in balance with its natural capabilities to support development.

Sites with Varying Slopes.

In order to locate development on the most suitable portion of a site, an applicant for development in an HD-O district may divide the site into several portions solely for the following purposes:

To determine the average slope of each portion.

To calculate the density reductions and credits that are provided in this section.

Where practical, the boundaries of each portion shall correspond to natural breaks in slope, such as the base of a hill or the edge of a ravine.

Calculation of Average Slope. The average slope of a site, or a portion of the site, shall be calculated using the following formula:

S = 0.00229(I)(L)/A

where

S = Average slope (in percent)

I = Contour interval (in feet)

L = Total length of all contour lines on the parcel (in feet)

A = Land area (in acres)

Slope Analysis Map. Any applicant for development in an HD-O district shall provide a slope analysis map of the site, prepared by a civil engineer or land surveyor licensed in the State of California.

The slope analysis map shall be based on a topographic map of the site, including all abutting properties within 50 feet of the site's boundaries. The map shall have a scale of not less than one inch to 100 feet and a contour interval of not more than 10 feet.

The slope analysis map shall identify the area and average slope of the entire site. If the site has been divided into several portions for the purpose of measuring each portion's slope, the slope analysis map shall also identify the boundaries, area and average slope of each portion.

Density Limitations. For any development in an HD-O district, the maximum amount of development allowed on the site shall be determined as follows:

A density reduction factor for the site, or portion of the site, shall be determined as provided in the following table:

Slope Range (percent)	Density Reduction Factor
12 or less	1.00
12.1—15	0.90
15.1—20	0.80
20.1—25	0.60
25.1—30	0.40
Over 30	0.00

The maximum number of dwelling units and maximum floor area ratio allowed on the site, or portion of the site, shall be calculated using the following formula:

U = A(Z)(D)

where

U = Number of dwelling units and floor area ratio allowed in zoning district

A = Land area (net acres)

Z = Zoning maximum dwelling units per acre or floor area ratio

D = Density reduction factor

Notwithstanding any other provision of this section, at least the following amount of development shall be allowed on any site that otherwise conforms to the requirements of this title:

In residential districts, at least one dwelling unit shall be allowed.

In nonresidential districts, a floor area ratio of at least 0.1 shall be allowed.

Cluster Development. To encourage the maximization of open space and the preservation of the visual and natural character of hillsides, cluster development shall be allowed in HD-O districts as follows:

Where this section requires the reduction of density on a portion of a site, the reduced density may be applied as a credit to a portion of the site that has an average slope of 10% or less.

When a proposed development on multiple adjacent sites includes at least one site in an HD-O district, any density reductions required by this section may be applied as a credit to other sites within the proposed development, subject to an administrative permit.

Notwithstanding any other provision of this section, in no case shall the proposed development as a whole exceed the maximum residential density allowed by the general plan.

Areas that Cannot Be Developed.

For any proposed development in an HD-O district, if a portion of the site cannot be developed because of steep slopes or geotechnical hazards that cannot be mitigated, development on this portion of the site shall be prevented in perpetuity.

Any of the following methods may be used to prevent a portion of the site from being developed, subject to approval by the planning commission and the city attorney:

Dedication of development rights, conservation easements or scenic easements to a public agency or land trust, provided that the dedication is accepted by the agency or land trust and that the dedication establishes provisions for the permanent management and maintenance of the land.

Deed restrictions prohibiting development and requiring permanent management and maintenance.

(Ord. 1749 § 4; Ord. 1819 § 11, 2017)

§ 17.44.030 PD-O—Planned development overlay.

In addition to the requirements for the underlying zoning district, the following provisions shall apply in a PD-O district:

Intent. To promote and encourage maximum flexibility in site planning and property development, relating to design, cluster development and protection of environmental resources, while achieving all of the following goals:

Encouraging innovation and the development of affordable housing, particularly on properties with environmental constraints, natural resources or other topographical, geographical, or public improvement and service-related constraints that require unique site planning and design.

Protecting the public health, safety and general welfare of the residential, commercial and manufacturing areas of the city.

Ensuring consistency with the general plan, any applicable specific plan and any design guidelines adopted by resolution of the city council.

General Provisions.

A planned development may adjust or modify, where necessary and justifiable, all applicable development standards of this title; provided, however, that any density and intensity provisions of the general plan that limit the number of dwelling units or square footage that are allowed on the site as a whole, including the maximum dwelling units per acre for residential uses and maximum floor area ratio (FAR) for nonresidential uses, shall not be modified; strict compliance with the purpose and intent of the general plan shall be required in all cases. In addition, proposed modifications to development standards must meet the minimum requirements of the Fire Chief for fire safety access and the minimum requirements of the city engineering design standards for circulation.

For clustered residential developments, maximum density shall be determined based upon the gross area of the project site, minus the total area to be used for streets and alleys.

Planned developments shall produce a development of equal or greater quality or community benefit than might occur without the use of the PD-O overlay district.

Establishment and Effect of District.

The PD-O district may be applied to parcels of land of any size that are deemed suitable by the city council for the proposed development.

No portion of a PD-O district may be developed in a manner that is inconsistent with the specific PD-O district development standards that apply at the time building permits are applied for. The applicable standards shall be those established by the ordinance that rezoned the land as a PD-O district, or any modified standards established in accordance with the provisions of this section.

Uses Permitted. Uses permitted within the PD-O district shall be consistent with the general plan designation for the project site, and with the underlying zoning districts approved for the site. However, the development standards approved for the PD-O district may modify the land uses of the underlying zoning district to be more restrictive as to which specific uses will be permitted as of right, permitted through an administrative permit and permitted through a use permit.

Development Standards.

In order to allow maximum flexibility to design a project that is compatible with the physical features of the property and the objectives of this title, the intended uses of the project and minimum property development standards shall be developed individually, by the project applicant, for each PD-O district.

The property development standards shall establish appropriate amounts of landscaping, open space, setbacks and distances between buildings, architectural standards and other development standards as are necessary for the specific uses requested at the time of consideration of the PD-O district. These standards shall be adopted by the ordinance that establishes the PD-O district.

Application. The applicant shall submit proposed development standards with the application for a zoning code amendment to establish a PD-O district. The development standards shall be submitted in a form specified by the zoning administrator and shall contain the following information:

A statement regarding the purpose of creating the PD-O district and the character of the design that is to be accomplished.

A list of proposed land uses, including uses to be permitted by right, uses to be permitted by administrative permit and uses to be permitted by use permit.

For proposed PD-O districts that will be divided into more than one development area, a land use map that identifies the boundaries and names of each development area, and a land use table that lists the following information for each development area:

The name and gross acreage of the area.

The maximum planned number and maximum allowable number of single-family and multiple-family dwelling units within each development area.

The total maximum planned and maximum allowable number of dwelling units within the entire PD-O district.

The maximum planned and maximum allowable building square footage of nonresidential structures for all types of proposed nonresidential uses within each development area.

The total maximum planned and maximum allowable square footage of all nonresidential structures within the entire PD-O district.

A list of development standards for main and accessory buildings, including setbacks, building height, maximum and minimum floor area ratios, parking, landscaping, fencing and screening. Where applicable, the standards of this title may be incorporated by reference.

Graphic and written materials depicting conceptual building elevations; proposed landscaping improvements; a proposed sign program; and the physical arrangement of buildings.

Subdivision development standards, including minimum lot dimensions, minimum lot sizes, access to public and private streets and any other information deemed to be necessary by the zoning administrator.

For projects that propose to cluster development, proposed development restrictions for, and a plan for the future maintenance of, areas from which development potential was transferred.

A plan for permanent maintenance, including funding for that maintenance, of proposed areas reserved exclusively for landscaping, stormwater detention, private streets and similar areas, whether the areas are proposed for dedication to the public or proposed for private ownership.

A description of what constitutes minor modifications to the plan, with a listing of what modifications can be approved administratively by the zoning administrator, and what actions can be approved as a discretionary action by the planning commission.

Processing. Review of an application for a planned development shall focus on the following issues:

Whether the public need for the benefits to be derived from the proposed project justify the application of the PD-O district.

Whether the requested uses, development standards development intensities and other aspects of the proposal are appropriate for the proposed uses and within the context of surrounding areas.

Whether the proposed benefits of the planned development outweigh any potential negative effects that may result from approval of the requested modifications to development standards.

Additional Permits Required. If implementation of the development standards approved for a PD-O district requires approval of any of the following permits, the permits may be approved concurrently with, or following, establishment of a PD-O district. Every approved permit shall be consistent with, and shall implement, those standards in effect for the PD-O district at the time the permit is approved. Any permit that is not consistent with the district standards in effect at the time shall not be approved, unless the district standards are modified as necessary in accordance with the provisions of this section.

Approval of any tentative subdivision map, including any parcel map, for a property in a PD-O district shall be accomplished in accordance with the provisions of Title 16 of this Code. However, the city council shall be the review authority for all maps submitted with a PD-O.

Approval of any administrative permit or use permit for a property shall be accomplished in accordance with the provisions of Chapter 17.48.

Any project in a proposed PD-O district shall be subject to development review as required by Chapter 17.52; provided, however, as follows:

All development review shall be completed at the time when the PD-O district is established.

The review authority shall consider the development standards and design requirements that are proposed for the PD-O district, in addition to any other applicable design guidelines.

Modifications to Approved Development Plan.

If the PD-O district development standards identify more than one development area, a transfer of numbers or types of dwelling units between the approved development areas shall be allowed, subject to the following conditions:

The transfer shall not cause the development area to exceed the maximum allowable number of units approved for any one development area, as set forth in the land use table approved for the PD-O district; and

The transfer of dwelling units between development areas shall not result in an increase in the total number of approved units within the entire PD-O district; and

A revised land use map and land use table have been submitted to the zoning administrator and are consistent with the conditions described above.

If the PD-O district development standards identify more than one development area, a transfer of nonresidential building square footage between the approved development areas shall be allowed, subject to the following conditions:

The transfer shall not cause the development area to exceed the maximum allowable nonresidential square footage approved for any one development area, as set forth in the land use table approved for the PD-O district; and

A traffic study has demonstrated that the transfer of building square footage between development areas will not create any traffic impacts, or has identified only traffic impacts for which a mitigation plan has been submitted; and

A revised land use map and land use table have been submitted to the zoning administrator and are consistent with the conditions described above.

Minor modifications described as such in the approved development plan may be approved in the manner established in that plan.

Any modifications to the approved development plan and related development standards that are not identified as minor modifications in the ordinance that established the PD-O district shall be approved by a zoning code amendment, pursuant to Section 17.56.090.

Phased Development. Within a PD-O district, phased development shall be allowed only as provided in the approved development plan.

Previously Approved Planned Developments. Any planned development approved prior to the effective date of these regulations shall remain subject to the previously approved final development plan.

(Ord. 1749 § 4)

§ 17.44.035 MRPD-O—Martin Ranch planned development overlay.

The requirements for the development plan and areas created by TPM 13-03, and any subsequent subdivisions, shall be consistent with the herein provisions that apply specifically to the Martin Ranch planned development overlay district, as adopted by the Oroville city council:

Intent. The Martin Ranch planned development overlay (MRPD-O) will promote and encourage maximum flexibility of the project site through site design, innovative land use planning and land development, crime prevention through environmental design, and protection of environmental resources, while achieving all of the following goals:

Smart growth and high density project design to allow more flexibility for the development of multiple-family structures that are more affordable, and senior housing units with minimal impacts on city and other agency services and infrastructure.

Allow for a well-planned, mixed use project with conveniences that support current and future affordable and senior housing demands including apartments, neighborhood commercial/retail, medical, transportation and other services.

The project site provides close proximity to one of areas largest employers situated along County Center Drive, which would allow multi-modal forms of transportation (i.e., walking, biking, ride sharing public transit, and others).

Excellent and easy access to Highway 70 will enhance Oroville's housing competitiveness with the surrounding region (Chico, Paradise, Marysville and Yuba City).

Close proximity (walking or biking) to numerous recreational amenities, Fore Bay, Feather River, etc.

Excellent potential to positively impact city revenues by accelerating and stimulating development fees and services.

Protecting the public health, safety and general welfare of the residential, commercial and manufacturing areas of the city.

Ensuring consistency with the General Plan, any applicable specific plan and any design guidelines adopted by resolution of the city council.

Establishment and Effect of District.

The Martin Ranch planned development overlay (MRPD-O) district will apply to all parcels of land of any size within TPM 13-03, and any subsequent subdivision of land that is deemed suitable by the city council for the proposed development.

The Martin Ranch planned development overlay (MRPD-O) district shall be developed in a manner that is consistent with the specific development standards and development impact fees that apply at the time of building permit issuance. The applicable development standards shall be those established by this section that rezoned the land as the Martin Ranch planned development overlay (MRPD-O) district, or any modified standards established in accordance with the provisions of this section.

Uses Permitted. Uses permitted within the Martin Ranch planned development overlay (MRPD-O) district shall be consistent with the General Plan designation for the project site, and with the underlying zoning districts approved for the project site. The development standards for the Martin Ranch planned development overlay (MRPD-O) district are listed in subsection D of this section, and the allowable land uses that are permitted uses subject to a zoning clearance, require an administrative permit, require a conditional use permit, or not allowed, are as follows:

Table 26-42.030-1: Allowed Uses in Martin Ranch Planned Development Overlay
Key:
P	Permitted use, subject to zoning clearance
AP	Administrative permit required
UP	Use permit required
S	See use-specific regulations for permit requirement
—	Use not allowed

Land Use	Zoning Districts			Use-Specific Regulations
Land Use	MXN	RP	PD	Use-Specific Regulations
Public Assembly
Carnival, circus or fair	UP	—	UP	17.16.060
Commercial recreational facility— indoor, 10,000 square feet or less of gross floor area	UP	—	UP	—
Commercial recreational facility— indoor, more than 10,000 square feet of gross floor area	UP	—	UP	—
Commercial recreational facility— outdoor	—	—	—	—
Concert or performance	AP	—	AP	17.16.060
Library or museum	UP	P	P	—
Meeting facility—10,000 square feet or less of gross floor area	P	UP	P	—
Meeting facility—more than 10,000 square feet of gross floor area	UP	UP	UP	—
Park or playground	UP	P	P	—
School, public	UP	UP	UP	—
School, private	UP	UP	UP	—
Training facility	UP	—	UP	—
Residential
Animal keeping, noncommercial	—	P	P	17.16.120
Boardinghouse	—	UP	UP
Caretaker residence	UP	—	UP	—
Duplex	—	P	P	—
Emergency shelter	—	—	—	—
Family day care, large	S	S	S	17.16.050
Family day care, small	P	P	P	17.16.050
Home occupation, low-impact	AP	AP	AP	17.16.040
Home occupation, moderate-impact	AP	AP	AP	17.16.040
Mixed-use development	P	—	P	17.16.030
Mobile home park	—	UP	UP	—
Multi-family dwellings	—	P	P	—
Residential care facility – 6 units or fewer	P	P	P	—
Residential care facility – 7units or more	UP	—	P	—
Second dwelling unit	—	P	P	17.16.010
Single-family dwelling, attached	—	P	P	—
Single-family dwelling, detached	—	P	P	—
Single-family manufactured home not on permanent foundation	—	—	—	—
Single-family manufactured home on permanent foundation	—	P	P	—
Temporary use of mobile home or recreational vehicle as single-family dwelling unit	—	AP	AP	17.16.060
Transitional housing	—	—	UP	—
Retail
Alcoholic beverage sales	UP	—	UP	—
Building supply	—	—	—	—
Equipment and machinery sales or rental	—	—	—	—
Drive-through establishment— pharmacy (adjacent to Table Mountain Boulevard)	—	—	—	17.16.080
Drive-through establishment— pharmacy (not adjacent to Table Mountain Boulevard)	—	—	UP	17.16.080
Drive-through establishment—all other uses (adjacent to Table Mountain Boulevard)	—	—	—	17.16.080
Drive-through establishment—all other uses (not adjacent to Table Mountain Boulevard)	—	—	UP	17.16.080
Farmers' market	AP	—	AP	17.16.060
Food and beverage sales—10,000 square feet or less of gross floor area	P	—	P	—
Food and beverage sales—10,001 to 40,000 feet of gross floor area	UP	—	UP	—
Food and beverage sales—more than 40,000 square feet of gross floor area	UP	—	UP	—
Funeral merchandise sales	UP	—	—	—
Gas station	—	—	—	17.16.070
General retail—10,000 square feet or less of gross floor area	P	—	P	—
General retail—10,001 to 40,000 feet of gross floor area	P	—	P	—
General retail—more than 40,000 square feet of gross floor area	UP	—	UP	—
Marijuana dispensary	—	—	—	—
Mobile food vendor	AP	—	AP	17.16.150
Pet store	UP	—	UP	17.16.120
Plant nursery or garden supply store	UP	—	UP	—
Restaurant or café	P	—	P	—
Seasonal holiday agricultural sales	AP	—	AP	17.16.060
Shopping center	UP	—	UP	—
Smoke shop	UP	—	UP	17.16.190
Vehicle sales—automobile, new	—	—	—	—
Vehicle sales—all other	—	—	—	—
Services
Animal grooming	UP	UP	UP	17.16.120
Animal keeping, noncommercial	P	—	P	17.16.120
Bank or financial service	P	—	P	—
Bed and breakfast	UP	UP	UP	—
Business support service	P	—	P	—
Car wash	—	—	—	17.16.090
Catering service	P	—	P	—
Child day care center	P	UP	P	—
Gym	P	—	P	—
Hospital	—	—	UP	—
Hotel or motel	—	—	—	—
Instructional or production studio	—	—	P	—
Kennel	—	—	UP	17.16.120
Mortuary	—	UP	UP	—
Office—professional	P	P	P	—
Office—all other	P	—	P	—
Outpatient services	—	—	P	—
Personal services—low-impact	P	—	P	—
Personal services—moderate-impact	UP	—	UP	—
Recreational vehicle (RV) park	—	—	UP	—
Substance abuse counseling	—	—	UP	—
Temporary real estate office	AP	—	AP	17.16.060
Temporary uses not listed here	S	S	S	17.16.060
Veterinarian	UP	—	UP	17.16.120
Manufacturing, Wholesale, Repair and Storage
Food or beverage production	UP	—	UP	—
Landscape material sales	—	—	—	—
Manufacturing—20,000 square feet or less of gross floor area	—	—	—	—
Manufacturing—more than 20,000 square feet of gross floor area	—	—	—	—
Metalwork—20,000 square feet or less of gross floor area	—	—	—	—
Metalwork—more than 20,000 square feet of gross floor area	—	—	—	—
Mini-storage facility	—	—	UP	17.44.060
Outdoor storage—250 square feet or less	P	—	P	17.16.140
Outdoor storage—more than 250 square feet	UP	—	UP	17.16.140
Recycling facility or center	—	—	—	—
Repair service, large equipment— 20,000 square feet or less of gross floor area	—	—	—
Repair service, large equipment— more than 20,000 square feet of gross floor area	—	—	—	—
Repair service, small appliances	P	—	P	—
Research laboratories	—	—	UP	—
Scrap or dismantling yard	—	—	—	—
Vehicle service or repair	—	—	—	—
Warehousing	—	—	—	—
Agriculture and Resource-Based Uses
Agriculture	—	P	P	17.16.100
Transportation and Infrastructure
Parking garage or lot as primary use	UP	—	UP	—
Public safety facility	UP	UP	UP	—
Solar energy system, small	—	P	P	17.16.180
Solar energy system, medium-sized	—	UP	UP	17.16.180
Solar energy system, large	—	—	UP	17.16.180
Solar energy system, very large	—	—	UP	17.16.180
Utility building or substation	P	UP	P	—
Vehicle depot	—	—	—	—

Development Standards. In order to allow maximum flexibility for the design of the Martin Ranch planned development project and to ensure compatibility with the physical features of the property and that the objectives of the city of Oroville's zoning ordinance are met, the following development standards shall apply:

Development Standards	MXN	RP	PD
Lot Area, Minimum
Interior lot	None	2,200 square feet¹⁰	2,200 square feet¹⁰
Corner lot	None	3,000 square feet¹⁰	3,000 square feet¹⁰
Residential Density, Min & Max	10 to 30 du/ac	As specified in General Plan	10 to 30 du/ac
Lot Width, Minimum
Interior lot	None	35 feet	35 feet
Corner lot	None	45 feet	45 feet
Height Maximum	40 feet	45 feet	80 feet
Setbacks, Minimum, for Mixed Use Developments
Front	None, except as required in (3) and (4)	10 feet; 20 feet for garages	None, except as required in (3) and (4)
Side, interior lot	5 feet, except as required in (5)	5 feet¹²	5 feet, except as required in (5)
Side, corner lot	5 feet along interior side; 10 feet along street frontage	5 feet; 10 feet for garages¹²	5 feet along interior side; 10 feet along street frontage
Rear	20 feet	20 feet	20 feet
Minimum distance between detached buildings in any dwelling group	10 feet	10 feet	10 feet
Setbacks, Minimum, for all Other Development Standards
Front	None, except as required in (3) and (4)	10 feet; 20 feet for garages	None, except as required in (3) and (4)
Side, interior lot	None, except as required in (5) and (6)	5 feet¹²	None, except as required in (5) and (6)
Side, corner lot	None, except as required in (5) and (6)	5 feet; 10 feet for garages¹²	None, except as required in (5) and (6)
Rear	None, except as required in (7)	20 feet	None, except as required in (7)
Floor Area Ratio, Maximum	0.4	65% Site Coverage Maximum	65% Site Coverage Maximum
Courtyards, Minimum Width, for Mixed-Use Development
Enclosed by buildings on no more than 2 sides	10 feet	10 feet	10 feet
Enclosed by buildings on 3 or more sides	20 feet	20 feet	20 feet

Notes:
1	Maximum heights apply to main buildings or structures. Height restrictions for accessory structures are in Section 17.12.090. Exceptions to height standards are in Section 17.12.030.
2	See Section 17.12.040 for additional provisions regarding setbacks.
3	For sites that abut a residential district on any side, the front setback shall be as required in that residential district. This requirement shall not apply where a street separates the site from the residential district.
4	The required minimum front setback along Oroville Dam Boulevard, Olive Highway and Feather River Boulevard shall be 12 feet.
5	Where the side of a site abuts a residential district, the required minimum setback shall be 10 feet on the side abutting the residential district.
6	Where a side setback area provides access to a dwelling group, the required minimum side setback shall be 12 feet.
7	The required minimum rear setback shall be 20 feet if the rear of the site abuts a residential district.
8	See Section 17.44.040 regarding the maximum floor area ratio in downtown historic overlay (DH-O) districts.
9	See Section 17.12.040 for additional provisions regarding setbacks.
10	The number of dwelling units constructed on a site shall not exceed the density permitted by the applicable General Plan land use designation, except in cases where State law provides an exemption from this requirement, including second dwelling units and density bonus units.
11	Maximum heights apply to main buildings or structures. Height restrictions for accessory structures are in Section 17.12.070.
12	Where a side setback area provides access to a dwelling group, the minimum required side setback shall be 12 feet.
13	For sites in R-1 districts with less than the minimum lot area, the maximum site coverage shall be 2,000 square feet.

Due to the lack of specific project detail, the property development standards will require an amendment prior to submitting construction plans for the issuance of building permits to establish appropriate amounts of landscaping, open space, and distances between buildings, architectural standards and other development standards for the specific uses of the Martin Ranch planned development overlay (MRPD-O) district. The development standards, and all required amendments to the project, shall be adopted by this section.

Additional Development Plan Requirements. The project will be required to amend this section prior to submitting construction plans for the issuance of building permits to ensure that all site design, design guidelines, and development plan requirements are established and adopted by the city council. Below is a list of outstanding project design features and components that must be adopted into the Martin Ranch planned development overlay (MRPD-O).[1]

[1]

Editor's Note: The list of outstanding project design features and components that must be adopted in to the MRPD-O are included as an attachment to this title

Additional Permits Required. Every approved permit shall be consistent with, and shall implement, those development standards adopted by this ordinance for the Martin Ranch planned development overlay (MRPD-O) district. Any permit that is not consistent with the adopted development standards shall not be approved, unless the adopted development standards are modified as necessary in accordance with the provisions of this section.

Approval of any tentative subdivision map, including any parcel map, for a property within the Martin Ranch planned development overlay (MRPD-O) district shall be completed in accordance with the provisions of Title 16 of the Oroville Municipal Code. However, the city council shall be the review authority for all maps submitted for the MRPD-O district.

Approval of any administrative permit or use permit for a property shall be in accordance with the provisions of Title 17, Chapter 17.48 of the Oroville Municipal Code.

Any project in the Martin Ranch planned development overlay (MRPD-O) district shall be subject to development review as required by Title 17, Chapter 17.52 of the Oroville Municipal Code; provided, however, as follows:

All development review shall be completed at the time the MRPD-O district is established, or at the time any amendment(s) to the ordinance are adopted by the city council.

The review authority shall consider the development standards and design requirements for the MRPD-O district, in addition to any other applicable design guidelines.

Approval Process for Dwelling Unit Transfers within Development Areas.

The Martin Ranch planned development overlay (MRPD-O) district development standards identify two development areas. A transfer of numbers or types of dwelling units between the approved development areas shall be allowed, subject to the following conditions:

The transfer of dwelling units between development areas shall not result in an increase in the total number of approved units within the entire MRPD-O district; and

A revised land use map and land use table must be submitted to the zoning administrator and be consistent with the conditions described above.

The MRPD-O district development standards identify two development areas; a transfer of nonresidential building square footage between the approved development areas shall be allowed, subject to the following conditions:

A traffic study has demonstrated that the transfer of building square footage between development areas will not create any traffic impacts, or has identified traffic impacts for which a mitigation plan has been submitted; and

A revised land use map and land use table must be submitted to the zoning administrator and be consistent with the conditions described above.

Minor modifications described in the approved development plan may be approved in the manner established by that plan.

Any modifications to the approved development plan and related development standards that are not identified as minor modifications in this section shall be approved by a zoning code amendment, pursuant to Section 17.56.090 of the city's municipal code.

Phased Development. The Martin Ranch planned development overlay (MRPD-O) district, shall be allowed to be developed in a phased manner with an approved development plan.

Other Applicable Standards. For all standards that are not expressly identified in this section, the requirements specified in the city's zoning ordinance, shall apply.

(Ord. 1801 § 1)

§ 17.44.040 DH-O—Downtown historic overlay.

In addition to the requirements for the underlying zoning district, the following provisions shall apply in a DH-O district:

Purpose. The purpose of this section is to promote the public health, safety and general welfare by providing for the identification, protection, enhancement, perpetuation and use of historic resources within Downtown Oroville that reflect special elements of the city's architectural, artistic, cultural, political and social heritage, for the following reasons:

To safeguard the city's heritage by encouraging the protection of significant elements of its history.

To foster civic pride and a sense of identity based on an appreciation of the city's past and the recognition and use of historic resources.

To enhance the visual character of the city by preserving diverse architectural styles reflecting various phases of the city's history, and by encouraging complementary design and construction for contemporary buildings.

To allow for a diversity of housing types that reflect the traditional scale and character of residential neighborhoods in Downtown Oroville.

To strengthen the economy of the city by protecting and enhancing the city's historic attractions for residents and visitors.

To stabilize and improve property values within the city by protecting areas of historic buildings from encroachment by incompatible designs.

To promote the enjoyment and use of historic resources appropriate for the education and recreation of the people of the city.

To integrate the preservation of historic resources, and the consideration of relevant information about these resources, into public and private land management and development processes.

To conserve valuable building materials and energy resources by ongoing use and maintenance of the existing built environment.

Maximum Floor Area Ratio (FAR). When a DH-O district is combined with a commercial or mixed-use district, the maximum floor area ratio (FAR) in the DH-O district shall be 2.0, provided that any required off-street parking spaces are supplied off-site.

Development Standards in Residential Districts.

In order to accommodate historic development patterns and provide for new development that is compatible with these patterns, the following alternative standards may be applied, subject to development review, in residential zoning districts that are combined with the DH-O district:

The maximum height may be increased to 45 feet or 2 stories, whichever is less. A raised basement may be included and shall not be counted as a story.

The maximum site coverage may be increased to 70%.

In order to apply these alternative standards, the review authority for development review shall determine that the alternative standards are necessary in order to preserve or enhance the historic character of the district.

Development Review. Development review shall be required in DH-O districts as provided in Section 17.52.020 (Review required) of this chapter.

Landmark Modification and Landmark Demolition Permits. If a building or structure is listed in a City of Oroville historic survey for a DH-O district, then the following requirements shall apply:

A landmark modification permit shall be obtained before modifying the structure, when required by Section 17.48.050 (Landmark modification permits).

A landmark demolition permit shall be obtained before demolishing the structure, when required by Section 17.48.060 (Landmark demolition permits).

Identification of Contributing Features.

Whenever this chapter requires the evaluation of a building, structure, site or improvement in a DH-O district to determine whether it is a contributing feature of the district, the historic advisory commission shall be responsible for making this determination.

The historic advisory commission shall make its determination based upon whether the subject building, structure, site or improvement meets the criteria for designation as a landmark, as specified in Section 17.48.040 (Landmarks). If the criteria for landmark designation are met, the subject building, structure, site or improvement shall be deemed a contributing feature of the DH-O district.

A historic advisory commission determination regarding a contributing feature may be appealed, as provided in Section 17.56.100 (Appeals).

"Historic Preservation District" in Downtown Oroville. This section does not repeal, modify or amend the provisions of Resolution No. 3402 adopted January 1, 1979, which designates the "historic preservation district" shown in Figure 17.44.040-1. This "historic preservation district" is not a separate overlay district; it encompasses a small portion of the DH-O district. Should there be any conflict between the provisions contained in Resolution No. 3402 and this section, the provisions of Resolution No. 3402 shall prevail. Resolution No. 3402 reads as follows:

Figure 17.44.040-1 "Historic Preservation District" and Downtown Historic Overlay (DH-O)

A portion of Downtown Oroville is designated as an "historic preservation district" as noted on the attached map.

All structures built, remodeled, rehabilitated, or altered in this designated area shall conform to a "Turn of the 20th Century" theme; the facade of each building in the area, when altered, shall conform to this theme.

The Historic Advisory Commission is hereby charged with the responsibility to oversee and monitor the development of this theme.

Residential Building Types.

Purpose. This section identifies residential building types permitted in the DH-O district. These building types are permitted in addition to development allowed by the underlying base district.

Building Type Defined. A building type is a particular kind of structure with its own recognizable identity. Building types are defined primarily by their form (mass, scale and design) with building function being of secondary importance.

Permitted Building Types. The following building types, which are described in Figures 17.44.040-4 through 17.44.040-12, are permitted in the DH-O district:

Small lot single-family homes.

Carriage homes.

Side yard homes.

Duplexes, triplexes, and quadplexes ("mansion apartments").

Rosewalk.

Bungalow court.

Townhomes.

Side yard apartments.

Courtyard apartments.

Where Allowed. The residential building types described in this section are permitted where the DH-O is applied to a residential base district.

Permit Required. Development review is required for a permitted residential building type that complies with the standards in this chapter but conflicts with the standards of the underlying base district. A variance is not required.

Development Standards for All Building Types. The following standards apply to all residential building types in the DH-O district:

Orientation. Front entrances to buildings shall face onto or be clearly visible from a public street.

Corner Lots. Buildings on corner lots shall feature well-articulated facades for each street frontage.

Pathways. A pathway shall connect the adjacent public sidewalk to a building's front entry.

Parking and Access—Alley-Loaded Buildings. For buildings served by an alley, vehicle access to the lot is allowed only through the alley. When an alley is present, vehicle parking areas, including garages, carports and surface parking spaces, shall be set back from the front lot line a minimum of 50% of the total lot depth (see Figure 17.44.040-2). Utilities, above ground equipment, trash containers and other services shall be accessed only through the alley.

Figure 17.44.040-2 Parking and Access—Alley-Loaded Buildings

Parking and Access—Front-Loaded Buildings. For front-loaded buildings without an alley, vehicle parking area, including garages, carports or surface parking spaces, shall be set back a minimum of 5 feet from the front façade of the building (see Figure 17.44.040-3). Garages shall comprise no more than 50% of front building façade.

Figure 17.44.040-3 Parking and Access—Front-Loaded Buildings

Standards for Individual Residential Building Types. Individual building types within the DH-O district shall comply with standards described in Figures 17.44.040-4 through 17.44.040-12. Diagrams of building types are for illustrative purposes only; they do not establish or imply any requirements not specified in the text or tables.

Figure 17.44.040-4 Small Lot Single-Family Homes

Building Type Definition: A detached single-family residential structure on a small lot.

Development Standards for Small Lot Single-Family Homes
	Minimum	Maximum
Lot Standards
Width	30 ft.	100 ft.
Length	75 ft.	150 ft.
Building Standards
Setbacks
Front	15 ft. [1]	25 ft.
Side	5 ft.	-
Rear	25 ft. [2]	-
Height	-	30 ft. and 2 stories

Notes:
[1]	Front porches may be set back 10 feet from the property line.
[2]	The minimum rear setback is 5 feet when abutting an alley.

Figure 17.44.040-5 Carriage Homes

Building Type Definition: An accessory dwelling unit located above a detached or semi-detached garage structure.

Development Standards for Carriage Homes
	Minimum	Maximum
Lot Standards
Width	40 ft.	100 ft.
Length	50 ft.	150 ft.
Building Standards
Setbacks
Front	10 ft.	15 ft.
Side, Street	10 ft.	-
Side, Interior	10 ft.	-
Rear	5 ft.	-
Height	-	30 ft. and 2 stories

Figure 17.44.040-6 Side Yard Homes

Building Type Definition: An alley-loaded single dwelling unit with one active side yard.

Development Standards for Side Yard Homes
	Minimum	Maximum
Lot Standards
Width	40 ft.	100 ft.
Length	50 ft.	150 ft.
Building Standards
Setbacks
Front	10 ft.	15 ft.
Side, Active Yard	10 ft.	-
Side, Inactive Yard	10 ft.	-
Rear	5 ft.	-
Height	-	30 ft. and 2 stories

Additional Side Yard Home Standards
•	Pedestrian Access. The main entry to a side yard homes shall be through either the building façade facing the active side yard or the front street-facing façade.
•	Frontage. The building façade fronting the active side yard shall feature a porch; and the active side yard shall front the street on a corner lot.

Figure 17.44.040-7 Duplexes, Triplexes, And Quadplexes

Building Type Definition: A residential structure that contains 2 to 4 dwelling units that are either stacked or placed side-by-side and appear as a large single-family home.

Development Standards for Duplexes, Triplexes, and Quadplexes
	Minimum	Maximum
Lot Standards
Width	50 ft.	120 ft.
Length	75 ft.	150 ft.
Building Standards
Setbacks
Front	10 ft. [1]	15 ft.
Side, Street	10 ft.	-
Side, Interior	5 ft.	-
Rear	15 ft. [2]	-
Height	-	35 ft. and 2 stories

Notes:
[1]	Porches and stoops may be set back 5 feet from the front property line.
[2]	The minimum rear setback shall be 5 feet when abutting an alley.

Figure 17.44.040-8 Rosewalk

Building Type Definition: A grouping of detached dwelling units arranged in two rows on either side of a common green.

Development Standards for Rosewalk
	Minimum	Maximum
Lot Standards
Width	100 ft.	150 ft.
Length	100 ft.	150 ft.
Density	-	6 units/acre
Building Standards
Setbacks
Exterior, Front	15 ft.	25 ft.
Exterior, Side Street	5 ft.	-
Interior, Side	8 ft.	-
Interior, Rear	15 ft.	30 ft.
Height	-	30 ft. and 2 stories

Figure 17.44.040-9 Bungalow Court

Building Type Definition: A grouping of detached single-family homes arranged around a shared courtyard that is typically perpendicular to the street.

Development Standards for Bungalow Court
	Minimum	Maximum
Lot Standards
Width	100 ft.	200 ft.
Length	100 ft.	300 ft.
Density	-	6 units/acres
Building Standards
Setbacks
Front	10 ft.	25 ft.
Side, Street	10 ft.	25 ft.
Side, Interior	10 ft.	-
Rear	15 ft. [1]	-
Between Structures on Lot	8 ft.	-
Height	-	30 ft. and 2 stories

Note:
[1]	The minimum rear setback shall be 5 feet when abutting an alley.

Additional Bungalow Court Standards
•	Pedestrian Access. The primary pedestrian entry to a bungalow court shall be provided from a public sidewalk adjacent to the central courtyard. The main entry to each unit shall face either the central courtyard or a public street.
•	Central Courtyard.
	The central courtyard shall be a shared space accessible to all building residents. The central courtyard shall be visible from the primary street frontage. The amount of impervious surface in a central courtyard shall not exceed 50% of the total courtyard area. The central courtyard shall be at least 30 feet in width.
	Pathways shall be provided from each unit to the central courtyard and from the central courtyard to a public sidewalk adjacent to the site.

Figure 17.44.040-10 Townhomes

Building Type Definition: A single-family home attached to one or more other single-family homes in a linear arrangement.

Development Standards for Townhomes
	Minimum	Maximum
Lot Standards
Width	100 ft.	150 ft.
Length	100 ft.	150 ft.
Density	-	6 units/acre
Building Standards
Setbacks
Exterior	-	15 ft.
Interior, Side	8 ft.	0 ft.
Interior, Rear	5 ft. [1]	30 ft.
Height	-	35 ft. and 3 stories

Note:
[1]	The minimum rear setback shall be 5 feet when abutting an alley.

Figure 17.44.040-11 Side Court Apartments

Building Type Definition: A 2-story structure that contains multiple dwelling units with most of its dwelling units facing an active side yard.

Development Standards for Side Court Apartments
	Minimum	Maximum
Lot Standards
Density	-	6 units/acre
Building Standards
Setbacks
Exterior, Front	10 ft.	20 ft.
Interior, Rear	15 ft. [1]	-
Side, Inactive	5 ft.	-
Side, Active	20 ft.	-
Height	-	35 ft. and 2 stories

Note:
[1]	The minimum rear setback shall be 5 feet when abutting an alley.

Figure 17.44.040-12 Courtyard Apartments

Building Type Definition: A grouping of attached dwelling units arranged to share one or more central courtyards.

Development Standards for Courtyard Apartments
	Minimum	Maximum
Building Standards
Setbacks
Exterior, Front	10 ft.	20 ft.
Interior, Rear	10 ft.	-
Side, Inactive	5 ft.	-
Side, Active	15 ft. [1]	-
Height	-	35 ft. and 2 stories

Note:
[1]	The minimum rear setback shall be 5 feet when abutting an alley.

Additional Courtyard Apartments Standards
•	Pedestrian Access. The primary entry to individual units or the interior lobby of a courtyard apartment building shall be through the central courtyard.
•	Central Courtyard.
	The central courtyard shall be a shared space accessible to all building residents. The central courtyard shall be visible from the primary street frontage. The amount of impervious surface in a central courtyard shall not exceed 50% of the total courtyard area. The central courtyard shall be at least 30 feet in width.
	Pathways shall be provided from each unit to the central courtyard and from the central courtyard to a public sidewalk adjacent to the site.
•	Frontage. The active side yard shall front the street on a corner lot.

(Ord. 1749 § 4; Ord. 1762 § 7; Ord. 1790 § 1; Ord. 1819 § 11, 2017)

§ 17.44.050 AIA-O—Airport influence area overlay.

In addition to the requirements for the underlying zoning district, the following provisions shall apply in an AIA-O district:

Intent. This section identifies limitations on the density, intensity, height, and other aspects of the use of property within the Oroville Municipal Airport overflight area that are necessary to protect persons on the ground and in the air from adverse impacts that may result from operation of an airport, in the manner described in the 1990 Master Plan for the Oroville Municipal Airport. The limitations established in this section are consistent with Airport Compatibility Criteria described in the Butte County Airport Land Use Commission's 2000 Airport Land Use Compatibility Plan.

Applicability. The provisions of this section are applicable to all properties that have any portion located within the boundaries of an AIA-O district.

Airport Influence Area Zones. Any AIA-O district shall be divided into Airport Influence Area Zones "A," "B1," "B2," "C" and "D," each of which shall be separately depicted on the zoning map.

Uses Permitted. All uses may be provided that are allowed in the underlying zoning district, to the extent that those uses are consistent with the compatibility criteria set forth in this section.

Development Standards. Use of property within an AIA-O district shall comply with the compatibility criteria set forth in this section, and also with the development standards of the zoning district with which the AIA-O district is combined to the extent that those standards are consistent with the compatibility criteria identified in this section.

Compatibility Criteria. The airport compatibility criteria for land uses within Airport Influence Area Zones "A," "B1," "B2," "C" and "D" shall be as provided in Table 17.44.050. For the purposes of this section, calculation of the minimum lot size for residential use in B1 and B2 zones shall be based upon the gross acreage of a lot, with the gross acreage to include the area in any abutting publicly-owned vacant land such as stormwater detention facilities, and any area between the lot line and the center line of abutting streets.

Persons Per Acre.

Calculations of the number of persons per acre shall include all people who may be on the property, such as employees, customers and visitors, both indoors and outdoors. The calculations shall be based upon one or more criteria that include the number of parking spaces provided for the use, the maximum occupancy allowed by adopted building codes, and, for non-standard types of development, a survey of similar uses in other jurisdictions. Sample calculation based upon parking spaces and upon building codes are provided in Appendix D of the December 2000 Butte County Airport Land Use Compatibility Plan (ALUCP Table 2A, Note 2; Appendix D).

Table 17.44.050 Compatibility Criteria for Airport Influence Area Overlay Zones
Zone	Maximum Densities/Intensities				Additional Requirements
	Residential (du/ac)	Other Uses (persons/ac)¹			Additional Requirements
	Residential (du/ac)	Avg.	Per Acre	With Bonus	Required Open Land²	Prohibited Uses³	Other⁴
A	0	10	n/a	n/a	All remaining	A, B, C, D, E	A
B1	0.1 (10 ac min.)	25	50	n/a	30%	D, E, F, G	A, B, C, D, E
B2	0.2 (avg. lot size 5 ac)	50	100	130	20%	E, F, G	B, D, E
C	(1) 0.2 or (2) 4.0	100	300	390	10%	E, F	B, E
D	No limit	No limit	No limit	n/a	None	E	E

Notes:
¹	Calculations of persons per acre shall be consistent with the criteria described in paragraph G of this section.
²	Open land shall conform to the requirements in subsection H of this section.
³	Prohibited uses are those that correspond to the same letter in the list in subsection I of this section.
⁴	Other requirements shall be those that correspond to the same letter in the list in subsection J of this section.

"Average" density is the usage intensity indicated in this section times the gross acreage of the site. The total number of people permitted on a project site at any time shall not exceed the indicated average density for the zone in which the project site is located, except for rare special events, such as an air show at an airport, for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate. (ALUCP Table 2A, note 6) Clustered development shall not result in density or intensity of use on any single acre that exceeds the indicated average density (ALUCP Table 2A, note 7; policy 4.2.6).

"One-acre" density is the maximum number of people who may occupy any single acre of the project site. This limitation also applies to clustered development. For the purposes of this requirement, areas to be evaluated shall be squares (for example, an area measuring 209 feet by 209 feet for a one-acre area) to the extent possible, given the shape of the property being evaluated (ALUCP policy 4.2.6).

"Bonus" is the increase in persons per acre that may be permitted upon approval of a use permit by the planning commission if the building design reduces risks to occupants in the event of an aircraft collision with the building by incorporating features that include, but are not limited to, the following (ALUCP Table 2A, note 8; policy 4.2.7):

Concrete walls;

Minimal number and size of windows;

Upgraded strength of the building roof;

No skylights;

Enhanced fire sprinkler system;

Single story construction;

Increased number of emergency exits.

The provisions of Section 17.48.010 shall apply to the approval of a use permit for a bonus in the number of persons per acre in an AIA-O district, in addition to which the commission shall make specific findings showing why the exception is being made and that the land use will not create a safety hazard to people on the ground or aircraft in flight.

Open Land (ALUCP Table 2A, note 3; policy 4.2.5).

New discretionary development of every property in an AIA-O district shall provide open land in the manner described in this section when the property is large enough to reasonably accommodate the required open land. The required open land may be provided on the property to be developed, or the property owner may pay an in-lieu airport open space mitigation fee in an amount to be established by resolution of the city council.

The amount of open land required for new development of every property shall be that percentage of the total gross area of the property that is indicated in this section.

An open land area shall be consistent with all of the following characteristics:

It shall have minimum dimensions of at least 75 feet by 300 feet.

It shall be free of structures and other major obstacles such as walls, trees or poles that are greater than 4 inches in diameter at a point 4 feet above the ground, and overhead wires.

It shall be reserved as airport safety open land by deeded easement that prohibits development that is not consistent with this section.

Roads are acceptable as open land areas if they met the above criteria, particularly with respect to the arrangement of light fixtures and the placement and height of street trees.

Prohibited Uses. Where the letter or letters listed in Table 17.44.050 correspond to the uses listed below, those uses shall be explicitly prohibited, regardless of whether it meets the intensity criteria, unless the prohibition is precluded by applicable state statutes:

Use A: all structures except facilities with location set by FAA criteria.

Use B: assemblages of people.

Use C: objects exceeding the Federal Aviation Administration's FAR Part 77 height limits (ALUCP policy 4.3.2).

Use D: above-ground bulk storage of hazardous materials, except as described herein.

Use E: hazards to flight, including physical (such as tall objects), visual (such as glare, distracting lights, dust, steam or smoke), and electronic forms of interference with the safety of aircraft operations. Also included is land use development such as landfills that may attract birds to the site (ALUCP Table 2A, note 9; policy 4.2.4). Storage of fuel and other hazardous materials is prohibited in Zone A. In Zones B1 and B2, these substances must be stored in underground tanks, except that on-airport storage of aviation fuel and other aviation-related flammable materials is allowed, as is storage of up to 2,000 gallons of nonaviation flammable materials (ALUCP Table 2A, note 12; policy 4.3.6).

Use F: children's schools (kindergarten through twelfth grade), day care centers (provided, however, that noncommercial centers ancillary to a place of business are permitted in Zones B2 and C, so long as the overall use of the property meets the intensity requirement indicated in this section), libraries, hospitals and residential care facilities with 7 units or more (ALUCP Table 2A, notes 10 and 11).

Use G: highly noise-sensitive uses, such as outdoor theaters (ALUCP Table 2A).

Other Requirements. Other requirements shall be only those for which the letter or letters listed in Table 17.44.050 correspond to the letter or letters listed below:

Requirement A. Dedication of an "avigation easement" is required, using forms provided by the city (ALUCP Appendix G2). The avigation easement shall do all of the following (ALUCP policy 4.3.4):

Provide the right of flight in the airspace above the property.

Allow the generation of noise and other impacts associated with aircraft overflight.

Restrict the height of structures, trees and other objects.

Permit access to the property for the removal or aeronautical marking of objects exceeding the established height limit.

Prohibit electrical interference, glare and other potential hazards to flight from being created on the property.

Requirement B. Deed notice of airport proximity and the potential for aircraft overflights is required, using forms provided by the city (ALUCP Appendix G3).

Requirement C. Locate structures the maximum distance from the extended runway centerline (ALUCP Table 2A).

Requirement D. A minimum noise level reduction of 20 dB is required for properties within the B1 Zone, and a minimum noise level reduction of 20 dB is required for properties within the B2 Zone. "Noise level reduction" refers to outside-to-inside sound level attenuation provided by a structure (ALUCP Table 2A, note 13), as measured with windows closed. The requirement applies to residences (including mobile homes) and buildings with noise-sensitive uses, including hotels and motels, hospitals and residential care facilities with 7 or more units, churches, meeting halls, office buildings, mortuaries, schools, libraries and museums. Evidence, such as building plans or conditions of approval of planning permits, shall be provided that new structures will be designed to comply with the stated criteria (ALUCP policy 4.1.5).

Requirement E. Airspace review is required for tall objects as follows: B1 Zones, greater than 35 feet; B2 Zones, greater than 70 feet; C and D Zones, greater than 100 feet. The applicant shall notify the Federal Aviation Administration regarding the height of any proposed structures or objects, as required by federal or State regulations (ALUCP policy 4.3.5). The Federal Aviation Administration may require marking and lighting of certain objects less than 35 feet in height (ALUCP policy 4.3.2 and 4.3.3).

Clustering. In all zones except Zone A, development of a site or within a subdivision may be concentrated in a portion of the overall project site for purposes of achieving required open land, subject to the following limitations:

In no case shall the applicable maximum overall density criteria indicated in this section be exceeded on any one acre of the project site as a result of clustering.

With clustering, some lots may be much smaller than others, although approval of a planned development (PD-O) overlay zone may be required if the proposed clustering of structures or lots is not consistent with development standards applicable to the underlying zoning district with which the AIA-O district is combined (ALUCP Table 2, notes 1, 6, and 7; policy 4.2.6).

Development by Right. Nothing in these policies prohibits construction or alteration of a single-family home on a legal lot of record if such use is permitted by this chapter (ALUCP 2.4.4 d).

Parcels Lying within Multiple Compatibility Zones (ALUCP policy 2.4.4e).

For the purposes of evaluating consistency with the compatibility criteria set forth in this section, any parcel that is split by compatibility zone boundaries shall be considered as if it were multiple parcels divided at the compatibility zone boundary line.

The intensity of development allowed within the more restricted portion of the parcel can, and is encouraged to be transferred to the less restricted portion, even if the resulting development in the latter area then exceeds the criteria for that compatibility zone.

Other Special Conditions (ALUCP policy 2.4.4f). As provided in the Airport Land Use Compatibility Plan, the Airport Land Use Commission may approve the establishment of a use that is permitted by the underlying zoning district applicable to a property, even if the use is not otherwise permitted within the applicable Airport Influence Area Safety Zone. If approved by the Airport Land Use Commission, that use shall be allowed as provided in the underlying zoning district.

(Ord. 1749 § 4)

§ 17.44.060 MS-O—Mini-storage overlay.

Intent. The requirements of this section are intended to minimize the potential adverse impacts that ministorage facilities may have on other types of commercial development. Potential adverse impacts include a significant reduction in the availability of vacant land for development of other commercial uses, as well as the projection of a "warehouse" image that reduces the appeal of adjacent properties for development of other commercial uses.

Applicability.

Any mini-storage facilities approved in accordance with regulations in effect prior to December 31, 2004, may be constructed without obtaining approval for an MS-O district, provided that all of the following conditions apply:

Construction of the approved facilities was initiated in accordance with a lawfully obtained building permit prior to December 31, 2005.

Construction of the approved facilities is completed in accordance with a lawfully obtained building permit prior to December 31, 2010.

Any substantial amendments to facility design and site plans approved prior to December 31, 2004, shall require the creation of an MS-O district and shall be subject to the provisions of this section.

Establishment of District. An MS-O district may be combined with any other zoning district that implements the "retail and business services" or the "industrial" land use classifications set forth in the general plan land use element. Examples of such zoning districts include the CN, C-1, C-2, CLM, M-1 and M-2 districts, but do not include the RP or ABP districts.

Assessment of Impacts. Prior to the creation of an MS-O district, factual information shall be prepared and reviewed by the planning commission and city council regarding the following:

The total number, total area and relative locations of other vacant properties that are particularly suited, because of location or relatively large total area, for development of other types of commercial uses that typically generate more jobs and sales tax revenue, and provide shopping and service opportunities other than mini-storage facilities for residents of the local area.

The location, acreage, total square feet and total number of mini-storage units for existing and approved mini-storage facilities.

The location of all other existing MS-O districts.

Facilities in Highly Visible Locations. For the purposes of this section, a mini-storage facility shall be considered to be in a "highly visible location" if it is in one of the following areas, as well as any other area that the planning commission determines to be a highly visible location:

Any property or area within 600 feet of the Highway 70 right-of-way.

Any property that abuts Feather River Boulevard.

Any property that abuts a street designated as an arterial in the general plan circulation element.

Any property that abuts a residential zoning district, if the elevation of a substantial portion of the property is below the elevation of the residential district such that fencing will not sufficiently screen the mini-storage facilities from adjacent residential uses. This requirement shall be construed to designate a property as a "highly visible location" if a reasonable argument can be made that changes in elevation between the residential district and the property exist and may have an adverse visual impact on adjacent residential uses.

Uses Allowed. In MS-O districts, the allowed uses shall be the same as those allowed in the underlying zoning district, except as follows:

The following types of uses and facilities shall be required to obtain a use permit:

Mini-storage facilities in highly visible locations.

An on-site office.

An on-site caretaker dwelling unit.

Enclosed mini-storage facilities that are not in a highly visible location shall be allowed as of right, subject to a zoning clearance.

Permitted Activities. Within a mini-storage facility in an MS-O district, no business activity, other than the rental of storage units, shall be conducted. The operation of the facility shall be for dead storage only and shall in no way include a transfer or storage business. Electrical service to individual storage units shall consist only of lighting and switches. Electrical outlets within storage units are specifically prohibited.

Hours of Operation. In MS-O districts, no mini-storage facility shall open before 7:00 a.m. or close after 7:00 p.m. unless other operating hours are approved by use permit.

Maximum Unit Size. In MS-O districts, the size of each unit of mini-storage shall not exceed 400 square feet.

Vehicular Circulation. In MS-O districts, interior driveways and aisles shall have a minimum width of 20 feet.

Fencing. In MS-O districts, where fences are required under the provisions of Section 17.12.020, exterior rear and side walls of the storage units that are adjacent to the property line may serve as a portion of the required fencing, if those walls are finished with a stucco or masonry surface.

Prohibited Materials. In MS-O districts, the following materials shall not be stored in individual storage units:

Flammable or combustible liquids.

Calcium carbide or acetylene.

Compressed gas and liquid propane gas.

Explosive and blasting agents.

Fireworks.

Hazardous chemicals.

Corrosive liquids and poisonous gases.

Toxic materials.

Design Requirements in Highly Visible Areas. In MS-O districts, for mini-storage facilities in highly visible areas, portions of facilities that the planning commission determines will be particularly visible to adjacent areas or to the general public shall conform to all of the following standards, in order to achieve greater visual compatibility with the surrounding uses:

The placement and height of buildings, walls and other structures along the perimeter of the site shall be varied to provide visual relief. The structures shall not project the image of a walled fortress.

All building walls and perimeter fencing shall have a stucco or decorative masonry finish and shall include features that add dimension to an otherwise flat plane. These features may include, but are not limited to, cornices, window shutters of an appropriate size for the window, recessed or indented areas and lines or trim that project from the wall plane.

In order to avoid the appearance of a site that is almost entirely covered by structures, the site design shall divide the massing of structures in a way that creates concentrated areas of open space between structures.

(Ord. 1749 § 4)

§ 17.44.070 C-O—Conditional overlay.

In addition to the requirements for the underlying zoning district, the following provisions shall apply in a C-O district:

Intent. This district shall be applied to properties where the city council has imposed special land use conditions or limitations that are not applicable to similarly zoned properties as a condition of approval of the underlying primary zoning designation. The C-O designation is intended to alert all persons that additional inquiries are required to know the nature and extent of the restrictions that apply to a particular site.

Application of District. The C-O district shall be applied as provided in Section 17.56.100, except as follows:

The C-O district shall be applied only in conjunction with a change to the underlying zoning district.

The ordinance amending the zoning map shall specify the conditions that are to be imposed within the C-O district.

Nature of Special Conditions. Land in a C-O district shall be subject to one or more of the following types of conditions, or other conditions deemed necessary by the city council:

A use permit may be required for all or most uses that ordinarily are allowed as of right, or subject to an administrative permit, in the underlying district.

The property may be subject to mitigation measures that reduce potential environmental impacts associated with the rezoning to a level that is less than significant.

Recording of Conditions. When the C-O district is applied to or removed from any portion of the zoning map, the adopting ordinance for the rezoning shall be recorded as follows:

A copy of the ordinance that applies or removes the C-O zoning designation shall be recorded with the county recorder for each applicable parcel.

A copy of the recorded ordinance shall be placed in the city's records for each applicable parcel.

(Ord. 1749 § 4)

§ 17.44.080 F-O—Foothill overlay.

Purpose. The purpose of the F-O district is to preserve and enhance the special character of foothill areas in Oroville. Properties within the F-O district are subject to land use and infrastructure standards that reflect the low-density and rural character of these areas.

Land Use and Infrastructure Standards. The following land use and infrastructure standards apply in the F-O district:

The sale and use of fireworks is prohibited. See Chapter 15.60 (Fire Code).

The city engineer may approve exceptions to roadway and sidewalk standards, based on site-specific conditions. See Article III of Chapter 12.12 (Installation of Curbs, Gutters, Sidewalks, and Streets).

The city requires street frontage improvements only for development valued at $52,000.00 or more. See Section 12.12.010 (Installation required when improvements valued at $52,000.00 are made).

The city may allow postponed street frontage improvements when surrounding development that lacks sidewalks. See Section 12.12.030 (Postponement of requirement to install frontage improvements).

(Ord. 1819 § 12, 2017)

§ 17.44.090 UA-O—Unique agriculture overlay.

Purpose. The purpose of the UA-O district is to protect and promote small-scale agriculture, family farms, unique crops and historic ways of farming by allowing agricultural support and specialty agriculture uses in areas where the underlying designation may not allow them. The UA-O district accommodates uses that are complementary and accessory to unique agricultural pursuits, including education and tourism. The district also includes provisions to protect adjacent residential and agricultural uses.

Applicability. The UA-O district may be combined with the urban reserve (UR), agricultural residential (RA), public/quasi-public (PQ) and rural residential (RR) zones.

Use Regulations. Permitted and conditionally permitted uses in the UA-O district are the same as the base district, except as specified below.

Permitted Uses. The following uses are permitted as-of-right in the UA-O district:

Agriculture-related museums.

Bed and breakfasts (maximum one per parcel).

Cooking demonstrations and pairing food and wine not sold for consumption.

Farm tours.

Farmstays.

Growing and harvesting unique agricultural products.

Interactive animal displays (e.g., petting farms).

On-site picking of unique agricultural products.

Picnic areas.

Processing, bottling or packaging unique agricultural products produced within the UA-O district.

Public tasting rooms for unique agricultural products produced within the UA-O district.

Selling food catered by licensed vendors.

Selling pre-packaged foods, including by vending machines.

Selling unique agricultural products or merchandise related to the region.

Special events, such as farm trail events, weddings, concerts, parties, educational classes, corporate events and other similar activities.

Trails.

Conditionally Permitted Uses. A use permit is required for small restaurants or cafés (16 seats or less) showcasing locally grown foods.

Development and Operational Standards.

Limitation on Processing Activities. Permitted agricultural processing activities are limited to products grown, cultivated, or produced within the UA-O district.

Parking. Minimum on-site parking spots required for uses with the UA-O district are specified in Section 17.12.070 (Parking). Required parking for uses not listed in Chapter 17.12 (Development Standards) is as determined by the planning division.

Hours of Operation. Retail sales and similar commercial activities may be conducted only between the hours of 7:00 a.m. and 7:00 p.m. unless otherwise approved as part of a use permit.

Tour Buses and Vans. Tour buses and vans shall not idle more than 10 minutes per hour on-site within the UA-O district, so as to minimize noise and air quality impacts to the area. Buses and tour vans shall be provided with adequate off-street parking and turn-around areas.

Special Events.

Number of Attendees. Attendees allowed at special events in the UA-O district are limited to the number shown in Table 17.44.090-1.

Table 17.44.090-1: Attendees at Special Events
Total Parcel Size (Acres)	Maximum Number of Attendees (Peak)
1.0 – 2.5	50 people
2.51 – 5.0	100 people
5.01 – 10.0	200 people
10.01 – 20.0	300 people
Over 20 acres	350 people

Hours of Operation. Retail sales and similar commercial activities may be conducted only between the hours of 7:00 a.m. and 7:00 p.m. unless otherwise approved as part of a use permit.

Noise. All special events are subject to the noise standards found in Chapter 9.20 of the Oroville Municipal Code.

(Ord. 1819 § 12, 2017)

§ 17.44.100 PO-O—Professional office overlay.

Purpose. The purpose of the PO-O district is to allow professional office uses in addition to the uses allowed by the underlying district to support a vibrant downtown with a diversity of commercial, residential, and office uses.

Use Regulations. Permitted and conditionally permitted uses in the PO-O district are the same as the base district, except as specified below.

Permitted Uses. The following uses are permitted as-of-right in the PO-O district:

Professional offices.

Commercial art and design studios.

News and journalism offices.

Instructional and production studios.

Conditionally Permitted Uses. Low impact personal services are allowed in the PO-O district with approval of a use permit.

Development Standards. Development standards in the PO-O district are the same as in the base district.

Development Review. Pursuant to Section 17.52.020 (Review required), development review requirements shall be the same as those of the underlying base district, including development review requirements for properties within the downtown historic overlay.

(Ord. 1819 § 12, 2017)

§ 17.44.110 ACE-O—Arts, culture and entertainment overlay.

Purpose. The purpose of the ACE-O district is to revitalize the historic downtown as a recreational, community and tourist destination by establishing an arts, culture, and entertainment district (AC&E district) that will capitalize upon existing cultural, historic, and natural resources of the area.

Use Regulations. Permitted, conditionally permitted, and uses not allowed in the ACE-O district are the same as the base district, except as specified below.

Permitted Uses. The following uses are permitted as-of-right in the ACE-O district:

Museums, art galleries and other uses for the display of visual arts.

Theatres, concert halls, and uses whose primary business purpose is to perform music, dance, plays and other methods of the performing arts.

Instructional or production studios for the instruction or production of art, including dance, painting, photography, music, sculpture and related arts, gymnastics, martial arts, yoga or similar activities. There is no specified limitation on instructional spaces or number of artists.

Uses Not Allowed. The following uses are not allowed in the ACE-O district.

Vehicle service or repair.

Recycling facility or center.

Mini-storage facility.

Landscape material sales.

Development Standards. Development standards in the ACE-O district are the same as in the base district.

(Ord. 1819 § 12, 2017)