19.52.070   Special Design considerations (-SD) overlay zone.
   A.   Purpose. The -SD overlay zone is intended for areas of the City where the General Plan has highlighted existing neighborhood characteristics, environmental features, or other concerns that require special attention in project design.
   B.   Applicability. The -SD overlay zone may be applied to specific, defined areas where special-purpose limitations on land use, permit requirements, or development standards are needed. The -SD overlay zone includes the specific subcategories identified in Subsection D, following.
   C.   Allowed Land Uses. Any land use normally allowed in the primary zoning district by this article may be allowed within the -SD overlay zone, except where otherwise limited by this section.
   D.   Specific Area Permit Requirements and Development Standards. Development and new land uses within the -SD overlay zone shall obtain the land use entitlements as required by the primary zoning district, except as otherwise provided in this subsection, and shall comply with all applicable development standards of the primary zoning district, and the following requirements.
      1.   SD-1 (South Chico - South of Entler Avenue).
         a.   Permit Requirement. Planned development permit approval (Chapter 19.28) is required for all uses.
         b.   Clustering Required. Manufacturing/industrial development in the area west and east of State Highway Route 99 south of Entler Avenue shall be clustered to preserve existing riparian habitats and to reduce impacts to Butte Creek.
         c.   Tree Preservation Required. The existing cottonwood and native oak stands located west of State Highway Route 99 and along the south edge of this area shall be preserved to the extent feasible.
      2.   SD-2 (Humboldt Road-Foothill).
         a.   Permit Requirement. Planned development permit approval (Chapter 19.28) is required for all uses.
         b.   Development Standards. Proposed projects shall:
            (1)   Minimize the visual impact of foothill development through the following measures:
               (a)   Transfer and cluster development to lower elevations of the site and cluster development at higher elevations to the least visible areas;
               (b)   Reduce the scale and mass of structures through split level and low profile design. Limit building heights in foothill areas to 25 feet, unless visual simulations or other graphic representations can verify that greater building height will not negatively impact the viewshed;
               (c)   Use low-level pedestrian-scale street lighting;
               (d)   Avoid the use of high illumination yard lighting or shield sources to prevent off-site glare;
               (e)   Blend development into the natural setting through attention to topography and orientation, color, materials;
               (f)   Incorporate street standards that minimize cut and fill and result in the lowest visual impact;
            (2)   Provide a minimum 50-foot setback from State Highway Route 32 and prepare and implement a landscape enhancement plan for the setback area and the adjacent Caltrans right-of-way. The plan shall use vegetation native to the area and an irrigation system designed to temporarily provide water through the plant establishment period;
            (3)   Preserve and improve multi-use access and trails along Humboldt Road and provide connection to other paths and trails within projects north and south of Humboldt Road;
            (4)   Preserve the existing historic rock wall;
            (5)   Reduce wildland fire potential through the following:
               (a)   Construct buildings and roofs from fire-resistant materials;
               (b)   Landscape with native fire-resistant plant materials;
               (c)   Provide multi-use access and trails, streets, and open space areas as opportunities for emergency access and fire breaks;
               (d)   Ensure that street grades and other facilities designed for emergency access do not exceed City maximums;
               (e)   Locate buildings for maximum clearance from areas of dense native vegetation; and
            (6)   Incorporate best management practices for storm water run-off and first flush treatment of storm water. Proposed projects in areas tributary to Little Chico and Comanche Creeks shall be designed to provide no net increase in peak storm water run-off.
      3.   SD-3 (Foothill Park East, South of Eaton Road)
         a.   Permit Requirement. Architectural Review and Historic Preservation Board approval (Chapter 19.18) is required for multi-family residential development.
         b.   Development Standards.
            (1)   Density shall not be less than 10 units per gross acre.
            (2)   Design shall be consistent with the Master Design Manual for Foothill Park East.
            (3)   The project shall incorporate low profile lighting for reduced glare on adjacent properties.
            (4)   For the parcel east of Marigold Avenue and identified as APN 016-200- 102, the Architectural Review and Historic Preservation Board shall require a pedestrian/equestrian path within or adjacent to the public utility easement along the southern property boundary with access to the south. Alternatively, the ARHPB shall waive this requirement if a path is already provided at that proximate location, or if the improvement is determined to be infeasible.
      4.   SD-4 (West Avenue Neighborhood Area). Any declaration of restrictions regarding owner occupancy recorded prior to January 1, 2020 in conjunction with the development of an accessory dwelling unit shall remain valid and binding.
      5.   SD-5 (Westside Place & Vrisimo; Three Parcels on the North side of State Highway Route 32/Nord Avenue between W. 8th Avenue and W. Lindo Avenue)
         a.   Permit Requirement. Planned development permit (PDP) approval (Chapter 19.28) is required for all developments.
         b.   Development Standards. To ensure appropriate safety, environmental, and aesthetic requirements of the local community given the site’s location between a public highway and the railroad tracks, future developments shall include the following design concepts:
            (1)   Overall minimum residential density on each of the three parcels shall be 9 units per gross acre.
            (2)   A mix of housing types and appropriately designed commercial and/or live-work buildings along the railroad tracks to provide an adequate noise buffer for adjacent residential uses.
            (3)   Multi-family units shall be limited to buildings of modest scale with architectural details similar to neighboring detached houses.
            (4)   Street and pedestrian connections shall be provided between adjacent developments.
            (5)   A side drive with a landscaped parkway strip shall be incorporated between the development and Nord Avenue/State Highway Route 32.
            (6)   Off-street parking shall primarily be provided off an alley or common driveway. Parking off a front yard shall be designed so that the building creates the dominant visual appearance along the street.
      6.   SD-6 (Chapman/Mulberry Neighborhood)
         a.   Development shall be consistent with the Chapman/Mulberry Neighborhood Plan adopted by the city council.
         b.   The following land uses are not permitted within the CN zone: retail liquor stores, gas stations, automobile sales and vehicle repair and maintenance.
         c.   The following design standards shall apply to the development of single- family residences:
            (1)   Front yard setbacks shall be consistent with the average of the existing front yard setback of adjoining parcels, but in no case less than fifteen (15) feet or greater than thirty (30) feet.
            (2)   Front entries for all single-family residences shall be oriented toward the street. This requirement shall not apply to accessory dwelling units located on the rear of a parcel which have primary access from an alley.
            (3)   Garages shall be set back at least ten (10) feet from the front edge of the dwelling. Garages located in rear yards are encouraged. Detached, single- story garages shall be set back at least five (5) feet from the rear property line.
            (4)   All single-family dwellings shall include a front porch with minimum dimensions of four feet by eight feet.
            (5)   Front yard fences are permitted only when they are of an open, not solid, design. Front yard landscaping shall not obscure views of the street or adjoining neighbors.
            (6)   One new tree, 15 gallons or greater in size, shall be planted in the front yard of each new single-family residence, as a condition of the building permit for such residence. The species of tree planted shall be selected from the list “Recommended Street Trees for Chico” maintained by the City.
         d.   The following design standards shall apply to the development of multi-family dwellings:
            (1)   Parking lots shall primarily be located in the rear or side area of the parcel or in the interior of a building cluster and shall be screened from view from the street by vegetation or fencing that is no more than four feet in height. No parking lots shall be located within the required front or side set back area.
            (2)   All multi-family buildings located within 40 feet of a front lot line shall be oriented to the street frontage. The main entrance of ground floor units located within 40 feet of a street must face the front lot line. Main entrances may be to either individual units, clusters of units or common lobbies or courtyards. Main entrances for multi-family residences on corner lots may be oriented toward either street frontage, or toward the corner.
            (3)   Pedestrian walkways shall be provided from street sidewalks to the front entrance of each multi-family dwelling unit.
         e.   It shall be a condition of the development of any new commercial or industrial use located on property which abuts residentially zoned property, that an 8 foot masonry wall be constructed between the new commercial or industrial use and the residentially zoned property. Such wall shall be constructed on the property on which the new commercial or industrial use is located and shall include landscaping along the side of the wall facing the residentially zoned property. Earthen landscape berms with a wall may be utilized to meet this requirement.
         f.   A nonconforming commercial or industrial use shall not be expanded, enlarged, or extended. If a structure used for a nonconforming commercial or industrial use is destroyed or demolished, regardless of cause, or the nonconforming use thereof is abandoned for six months or more, or is converted to or replaced by a conforming use, the right to continue the nonconforming use therein shall cease.
         g.   Nonconforming uses shall be amortized as follows:
            (1)   Nonconforming commercial and industrial uses which were located in the City prior to the date of the City’s adoption of the Chapman/Mulberry Neighborhood Plan on October 5, 2004, shall be amortized and terminated no later than December 31, 2014.
            (2)   Nonconforming commercial and industrial uses which are annexed into the City after adoption of the Chapman/Mulberry Neighborhood Plan on October 5, 2004, and which were nonconforming prior to annexation pursuant to the land use regulations of Butte County, shall be amortized and terminated no later than three years after the date the property on which the use is located is annexed into the City. Requests to extend the time period by which such a nonconforming use must terminate may be made to the planning commission and may be granted only for good cause upon consideration of the following factors.
               a.   The total cost of the property and lawfully installed or constructed improvements.
               b.   The depreciated value of the property.
               c.   The remaining useful life of the improvements.
               d.   The original length and remaining term of the lease, if any, under which the premises is occupied.
               e.   The percentage of the business conducted on the premises compared to the percentage conducted elsewhere.
               f.   The cost of moving and reestablishing the business elsewhere.
               g.   The nature and extent of efforts made by the owner or operator of the nonconforming use to relocate and/or reestablish the use in a properly zoned location.
               h.   The nature of the nonconforming use, as compared to the character of the surrounding neighborhood.
               i.   The harm to the public if the use remains beyond the amortization period.
               j.   The feasibility of converting the use of the premises to an allowed use or a use allowed with a use permit.
               k.   Other related factors.
      Extension requests must be submitted no later than two years before the date the nonconforming use is required to be terminated. Such applications shall be on a form approved by the director and must include the information pertaining to all of the above factors which the applicant believes are applicable to the request. The Planning Commission shall act on all requests for an extension after holding a public hearing and may condition any extension granted as it deems necessary to reduce impacts from the nonconforming use on the surrounding neighborhood. The public hearing shall be noticed and held in the same manner as public hearings for use permits.
   For properties on which a nonconforming commercial or industrial use exists at the time they annexed into the City, extension requests must be submitted no later than one year after the date that the property is annexed into the City. Such applications shall be on a form approved by the director and must include the information pertaining to all of the above factors which the applicant believes are applicable to the request. The Planning Commission shall act on all requests for an extension after holding a public hearing and may condition any extension granted as it deems necessary to reduce impacts from the nonconforming use on the surrounding neighborhood. The public hearing shall be noticed and held in the same manner as public hearings for use permits.
         (3)   Nothing in this paragraph g. shall preclude the conversion of a nonconforming use to a lawful use if: 1) the nonconforming use could be permitted with a use permit; 2) a use permit is obtained; and 3) the use is thereafter conducted in conformance with the terms and conditions of the use permit and all applicable provisions of this code.
      7.   SD-7 (Cactus Avenue)
         a.   The following design standards shall apply to all new development:
            (1)   Street connectivity shall be provided between developments consistent with Community Design Element policies of the General Plan, including provisions for connections to Cactus Avenue and Arch Way. Vehicular access onto Cactus Avenue shall only be allowed at such time that Cactus Avenue is improved between the access point to Cactus Avenue and East Avenue.
            (2)   Lots fronting Cactus Avenue shall have a minimum lot size of 10,000 square feet.
            (3)   Homes fronting Cactus Avenue shall be oriented to face Cactus Avenue and may have driveways onto Cactus Avenue.
            (4)   Buildings on parcels fronting Eaton Road shall face Eaton Road, unless otherwise provided by Planned Development Permit, and shall address potential noise concerns with measures that avoid the use of sound walls.
            (5)   Low-level street lighting shall be utilized to maintain the rural atmosphere of the area.
            (6)   All future subdivision applications shall require a Planned Development Permit.
      8.   SD-8 (Southwest Chico Neighborhood)
         a.   The following design standards shall apply to the construction of new single-family residences and/or accessory structures:
            (1)   Front yard setbacks shall be consistent with the average of the existing front yard setback of adjoining parcels, but in no case less than fifteen (15) feet or greater than thirty (30) feet.
            (2)   Front entries for all new single-family residences shall be oriented toward the street.
            (3)   Garages shall be set back at least ten (10) feet from the front edge of the dwelling. Garages located in rear yards are encouraged. Detached, single-story garages shall be set back at least five (5) feet from the rear property line.
            (4)   All new single-family dwellings shall include a covered front porch with a minimum area of forty (40) square feet.
            (5)   Front yard fences are permitted only when they are of an open, not solid, design. Front yard landscaping shall not obscure the views of the street or adjoining neighbors.
            (6)   One new tree, fifteen (15) gallons or greater in size, shall be planted in an existing parkway strip of each new single-family residence as a condition of the building permit for such residence, if no tree already exists. The species of tree planted shall be selected from the list "Recommended Street Trees for Chico" maintained by the City Urban Forest Manager, and installed in accordance with Standard Plan LS-1 in Title 18R.
(Ord. 2185; Ord. 2222; Ord. 2263; Ord. 2301 §4; Ord. 2306; Ord. 2328, Ord. 2346, Ord. 2427 §42, Ord. 2429 Ord. 2435 §30, Ord. 2439 §179, Ord. 2440 §34, Ord. 2511, §11, Ord. 2530, §3, Ord. 2549, §7)