Notwithstanding any other provisions of this article, a third story for a building
may be approved under the land use permit procedure (Section 6-215) when that third-floor area is to be used exclusively for residential use. The three-story
building shall be reviewed so as to ensure that its height and proportions are consistent
or compatible with other buildings in the vicinity, or that it is favorably located
in relation to topographic conditions in a manner that visually attenuates its height.
No part of the third-floor portion of the building shall be located within 50 feet
of the right-of-way, or planned right-of-way, lines of Mt. Diablo Boulevard, First
Street, Golden Gate Way, Dyer Drive, Highway 24 or Pleasant Hill Road; nor within
50 feet of the boundary of any residential zone. The number of parking stalls for
the residential units provided on the third floor need not meet the minimum number
of parking stalls required for other residential units in the C-1 district. The number
of parking stalls required will be determined by the planning commission in consideration
of the cumulative parking needs of all the uses on the subject property.
(Ord. 245 § 4 (part), 1981)
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