Chapter 17.60 — SPECIAL CONSIDERATION (S) OVERLAY ZONE

• A. Purpose. The purpose of the S overlay zone is, in combination with any zone, to require additional discretionary review before particular uses may be established or development initiated, as identified in the adopting ordinance or plan for each individual S overlay zone. This requirement is intended to ensure compatibility of the use and development with its surroundings, or conformance with the General Plan, or to determine if a proposed development solves problems such as noise exposure, flood hazard, airport hazard, or slope instability which are particularly severe on a given site. Such development review may also be used to protect areas of historic resources, indigenous cultural resources, scenic or ecological sensitivity, wildlife habitat, or wildland fire hazard.

B. Application.

1. S-Overlay Zone Initiation. Application of the S overlay zone may be initiated by the Council or Planning Commission to ensure that specific site features are considered during future project development, or by a property owner.

2. Ordinance Contents. The ordinance adopting the S overlay zone shall specify the considerations to be addressed, which of the findings listed in Section 17.60.040 (Required Findings) will be required for project approval, and any additional findings or regulations. Each S Overlay shall have a unique name and identifying number. The overlay number indicated in the Ordinance shall be shown on the official zone map.

• A. Where Adopting Ordinance Identifies Use. Where an S overlay adopting ordinance identifies a particular land use of concern and directs approval of a Minor Use Permit for such particular use, upon change or establishment of such use, a Minor Use Permit shall be required for that use.

• B. Where Adopting Ordinance is Silent on Use. Where the S overlay zone adopting ordinance is silent with regard to uses of concern, any allowed or conditionally allowed use in the underlying zone may be established.

• A. Development Review. Unless otherwise specified in the S overlay adopting ordinance, all new construction projects and significant additions to existing buildings shall be subject to Minor Development Review – Major review and a pproval (see Chapter 17.106: Development Review).

• B. Conditions and Standards. In order to fulfill the intent of these regulations, in approving a project within the S overlay zone, the review authority may establish conditions relating to improvements, building location, access, etc., which are more restrictive than provided in the underlying zone.

• A. Primary Finding Required for All Projects. In addition to the findings and criteria associated with a Minor Use Permit or Tier II Minor Development Review, as applicable, the review authority shall also find that the project is compliant with the adopting ordinance applicable to the relevant S overlay.

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• B. Project-Specific Findings. In addition to the finding required in 17.xx.xxx subsection.A (Primary Findin gs Required for All Projects) of this Section above, the review authority shall also make the related applicable findings listed in this Section. Not all findings listed in this Section shall apply for each overlay. In determining which findings from this list shall apply, the Director shall consider the language in the S Overlay adopting ordinance, applicable plan, and General Plan Land Use Element policies.

  1. General Plan Policy. Where the S overlay zone is applied to implement a specific General Plan policy, the approval of any project in the applicable S overlay zone shall require that the review authority find that the project conforms with the purpose, intent, and provisions of the General Plan policy for which the S overlay zone was applied.

  2. Compatibility with Surroundings: Nonresidential Projects. Where the S overlay zone is applied to ensure compatibility with surrounding uses, neighborhoods, or conditions, the approval of any project in the S overlay zone shall require that the review authority find:

  - a. That the project will enhance the built environment in the surrounding context or will perform a function or provide a service that is essential or beneficial to the community; 
  
  - b. That the project’s location, size, height, operations, and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare, and safety; 
  
  - c. That the project provides for an arrangement of uses, buildings, structures, open spaces and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood; and 
  
  - d. That the project substantially conforms with the purpose, intent, and provisions of the General Plan, any applicable area plan or specific plan, and applicable Community Design Guidelines. 
  

  3. Compatibility with Surroundings: Residential and Mixed-Use Projects. For all multi-unit residential housing and mixed-use developments where at least two-thirds of the square footage consists of residential, the use shall not be subject to sSu bsectio n 17.XX.XXX. B.2 (Compatibility with Surroundings: Nonresidential Projects) of this Section. For such projects, the provisions of Section 17.110.07 0xx.xxx (Required Finding s and Decision) shall apply.

r all multi-unit residential housing and mixed-use developments where at least two-thirds of the square footage consists of residential, the use shall not be subject to sSu bsectio n 17.XX.XXX. B.2 (Compatibility with Surroundings: Nonresidential Projects) of this Section. For such projects, the provisions of Section 17.110.07 0xx.xxx (Required Finding s and Decision) shall apply.

4. Noise Exposure. Where the S overlay zone is applied to prevent exposure of sensitive receptors to harmful noise levels, the approval of any project in the S overlay zone shall require that the review authority find that the project demonstrates consistency with maximum interior and exterior noise limits as indicated in Chapter 9.12 (Noise Control) of the Municipal Code by providing noise analysis, construction details, or other information deemed necessary by the Director to verify conformance with maximum noise limits, or will adequately address potential impacts related to noise exposure.

5. Flood Hazard. Where the S overlay zone is applied to preventm inimize impacts from flood hazards, the approval of any project in the S overlay zone shall require that the review authority find that the project demonstrates avoidance of flood hazards or will adequately address potential impacts related to flood hazards.

• F. Airport Hazard. Where the S overlay zone is applied to ensure a project is not impacteda voids bys ignificant airport hazards, the approval of any project in the S overlay zone shall require that the review authority find that the project demonstrates avoidance of airport hazards or will adequately address potential impacts related to airport hazards.

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• G. Hillsides/Slope Instability. Where the S overlay zone is applied to ensure development is appropriately designed in hillside areas, the approval of any project in the S zone shall require that the review authority find:

  • a. That the project is designed and will be developed to preserve to the greatest extent practicable the natural features of the land, including the existing topography and landscaping; and

  • b. That the project is designed and will be developed to be consistent with the Community Design Guidelines for hillside development.

8. Historical or Cultural Resource Sensitivity. Where the S overlay zone is applied to prevent avoid significant impacts to historical resources, the approval of any project in the S zone shall require that the review authority find: that the project is designed and will be developed to be consistent with the Community Design Guidelines for historical resource preservation and applicable requirements of Municipal Code Chapter 14.01.

9. Scenic or Ecological Sensitivity. Where the S overlay zone is applied to prevent a void significant impacts to scenic or ecologically sensitive areas, the approval of any project in the S zone shall require that the review authority find:

• a. That the project is designed and will be developed to preserve to the greatest extent practicable the natural features of the land, including the existing topography and habitats; and

  • b. That the project demonstrates avoidance of scenic or ecological sensitivity impacts or will adequately address potentially significant impacts related to scenic or ecological sensitivity.

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