City Council and Authorities Concurrent
December 19, 2023

Ordinance/Zoning Code Update Page 1 of 15
Rev: 09/2019
ORDINANCE NO. 2066

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, RENUMBERING CHAPTERS 18.02
THROUGH 18.58 OF THE ZONING CODE, REPEALING
CODE CHAPTERS 18.54 AND 18.60 THROUGH 18.120,

ADOPTING THE ZONING CODE UPDATE, AND

ESTABLISHING AN IMPLEMENTATION SCHEDULE

WHEREAS, the City of Santa Clara (the “City”) is contemplating the adoption of the City’s Zoning Code Update, the first comprehensive update of the Code in over 50 years; WHEREAS, the 2010-2035 General Plan is the City’s vision for future development; and WHEREAS, the City’s Zoning Code is the primary regulatory tool that implements the General Plan;
WHEREAS, under Government Code Section 65860, the General Plan and Zoning Ordinance of a jurisdiction are required to be consistent with each other; WHEREAS, the Zoning Code Update will add mixed-use zoning districts that directly align with the City’s General Plan land use designations, including new mixed-use districts for commercial corridors, such as El Camino Real, Homestead Road, and Saratoga Avenue, eliminating the need for time- consuming Planned Development Zonings for mixed- use projects;
WHEREAS, the Zoning Code Update creates new zoning designations for Low-Intensity Office/R&D (LO- RD) and High -Intensity Office/R&D (HI -RD) uses, consistent with the General Plan, recognizing that additional height and development intensity is now a part of the development program for contemporary office uses; //
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Ordinance/Zoning Code Update Page 2 of 15
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WHEREAS, the proposed code includes additional height allowances for industrial uses with fewer employees, allowing data centers operators to construct larger buildings because of lower occupant loads and therefore less impacts to surrounding uses from traffic;
WHEREAS, the updated Zoning Code includes multiple changes to streamline the permitting of placemaking uses, with a proposed increased allowance for restaurants of up to 24 outdoor seats without a permit;
WHEREAS, the proposed code features a streamlined administrative permit process for temporary outdoor events on private property, such as pumpkin patches and carnivals, as well as live entertainment, provided the entertainment use meets residential separation requirements;
WHEREAS, the proposed parking regulations have been revised to base parking requirements on the floor area of a building, as opposed to requirements based on other criteria, such as number of seats, streamlining the re-tenanting process; WHEREAS, in response to ongoing community concerns, the updated Zoning Code adds requirements for off-street parking for the duration of construction of residential projects of over 100 units in size;
WHEREAS, in response to concerns about overcrowding in residences, the Zoning Code Update will require that in new or expanded residences, each residential unit maintain a minimum common area (the area dedicated to living rooms, family rooms and kitchens) of 25% of the floor area of the building;
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WHEREAS, the proposed Zoning Code Update establishes regulations for short -term rentals, requiring the unit to be owner -occupied and requiring the owner to register with the City, pay the Transient Occupancy Tax (TOT), and meet performance standards; WHEREAS, the Zoning Code Update will codify the ability to make up to a cumulative 1,000 square foot addition to single-family residences over the life of the building without the need to add a parking space;
WHEREAS, the proposed Zoning Code Update will add by-right exceptions for additions to houses with legal non- conforming side setbacks, provided the addition is to the rear, reducing the need for variances to permit additions with this condition; WHEREAS, the proposed Zoning Code Update would also increase the amount that unenclosed porches can encroach into the front setback to up to six feet, aligning with current community preferences, reflecting the transition from a visual preference for large, uninterrupted front lawns to homes that are more inviting and pedestrian-oriented; WHEREAS, the proposed code adds language that will make it easier for the City to conduct Code Enforcement for non- compliant property owners, helping to maintain the look and feel of the City’s neighborhoods;
WHEREAS, in response to community input, particularly from the Old Quad neighborhood, the proposed update will include zoning standards that allow one- and-a- half story Accessory Dwelling Units (ADUs) by right, making more ADU layouts that fit onto more lots possible;
WHEREAS, the Zoning Code Update will create a Minor Use Permit process to allow more streamlined review of non- controversial uses, such as licenses for beer and wine sales at a restaurant;
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WHEREAS, the proposed Zoning Code Update includes conforming revisions to address recent changes to state housing laws;
WHEREAS, the Code Update includes changes requested by the State Department of Housing and Community Development as a part of the Housing Element Update, including providing a variety of housing types; providing additional locations for emergency shelters, low barrier navigations centers and transitional housing; and providing a by-right approval process for certain kinds of housing, including emergency shelters;
WHEREAS, the City is proposing to adopt the Zoning Code in advance of the Zoning Map, with an interim period where specified sections of the Code that are not reliant on a newly adopted map apply;
WHEREAS, the City is proposing to defer the implementation of short -term rental regulations for nine months to allow for the establishment of a monitoring and compliance process;
WHEREAS, the City held seven community meetings in 2018 and 2019 on the Zoning Code Update to solicit community feedback; received 500 responses to a community survey on the Zoning Code Update in 2019; posted a copy of the draft code for public comment in 2022;
WHEREAS, the City Council and Planning Commission held three joint study sessions on the Zoning Code Update in the summer and fall of 2019; WHEREAS, the Planning Commission held study sessions on the Zoning Code Update on August 22, 2018, September 5, 2018 and October 27, 2021, and also held a study session specifically on parking and outdoor dining regulations on June 16, 2021; Ordinance/Zoning Code Update Page 5 of 15
Rev: 09/2019
WHEREAS, the City Council held a study session on the Zoning Code Update on August 22, 2023;
WHEREAS, the City Council has reviewed the proposed Zoning Code; WHEREAS, on November 1, 2023, a joint notice of the public hearing for the November 15, 2023 Planning Commission and December 19 City Council meetings was published in the Weekly, a newspaper of general circulation in the City; WHEREAS, on November 15, 2023, the Planning Commission conducted a duly noticed public hearing to consider the Zoning Code Update and associated text amendments, at the conclusion of which, the Commission voted to adopt a resolution recommending that the Council adopt the proposed Zoning Ordinance Update; WHEREAS, in its Resolution, the Planning Commission indicated its support f or additional Zoning Code language to allow monitored electric security fences in the LI Light Industrial and HI Heavy Industrial zoning districts, subject to a Conditional Use Permit; WHEREAS, on December 19, 2023, the City Council conducted a duly noticed public hearing, at which time all interested persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed Zoning Ordinance Update; and
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WHEREAS, before acting on the Zoning Code Update, the City Council reviewed and considered the potential environmental impacts of the Zoning Code Update and determined that as the primary implementation tool of the General Plan, the environmental effects of the pr oposed Zoning Code Update were consistent with 2010- 2035 General Plan EIR and subsequent specific plan and focus area EIRs , and that the proposed Zoning Code Update did not alter the conclusions of the adopted General Plan EIR or subsequent EIRs, or create new environmental impacts.

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

SECTION 1: That Chapter 18.54 and Chapters 18.60 through 18.120 of Title 18 (entitled “Zoning”) of “ The Code of the City of Santa Clara, California” (“SCCC”) are hereby repealed.

SECTION 2: That SCCC Chapters 18.02 through 18.58 of Title 18 (entitled “Zoning”) are renumbered to Chapters 18.202 through 18.258, inclusive.

SECTION 3: That the City Clerk is directed to renumber all internal cross- references contained in Chapters 18.202 through 18.258 to reflect the new numbering scheme, and to make any other necessary changes to section numbers or cross -references in the Zoning Code in the twelve months following the Effective Date.

SECTION 4: That Section 18.256.010 (“Application”) of Chapter 18.256 (Planned Development – Master Community Zoning Districts”) of Title 18 (“Zoning”) is hereby amended to read as follows:
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Rev: 09/2019
“The regulations set forth in this chapter apply to all Planned Development – Master Community (PD-MC) zoning districts established prior to January 1, 2024. PD-MC zoning districts established prior to January 1, 2024, may be amended pursuant to Chapter

18.142, but no further PD-MC zoning districts shall be created.” SECTION 5: That the first paragraph of Section 18.256.120 (“ Modifications to master community plan and development area plan”) of Chapter 18.256 (Planned Development – Master Community Zoning Districts”) of Title 18 (“Zoning”) is hereby amended to read as follows:
“Modifications to a master community plan shall be considered changes to the zoning map and shall be made in accordance with the procedures set forth in Chapter 18. 142 SCCC, Amendments.”
SECTION 6: That the Updated Zoning Code is hereby adopted, with th e modifications specified below.

SECTION 7: As recommended by the Planning Commission , an alternate version of Section 18.34.060 is hereby adopted, to read as follows:
“18.34.060 – Materials and Maintenance
A. Graffiti Resistance. Graffiti-resistant aesthetic surface treatment shall be required for all fences and walls adjacent to a public right-of-way, or as determined though the Site Plan and Design Review (Chapter 18.120) process.

B. Fences and wall in Industrial and Office Zones.

1. Storage Area allowable fence and wall material. Within the Industrial-Heavy

category, storage area screening may include masonry or concrete, metal, or

chain-link fencing with wood or vinyl slats.

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Rev: 09/2019

2. Security fences and walls. Within all industrial and office zones except Industrial-Heavy, all fencing, or walls shall be wrought iron, concrete, masonry, or other similar materials not to exceed a height of eight feet from the highest finished grade. Chain-link fencing may be used in areas not visible from public rights-of-way.

C. Maintenance. Fences, walls, and screens shall be continuously maintained in an orderly and good condition and shall always be kept free of graffiti.

D. Prohibited Fence, Wall, and Screen Materials. The following materials and fence types are prohibited:

1. Barbed Wire

2. Razor Wire

3. Electrified fences, with the exception of monitored perimeter security fence systems, as described in Section E below

4. Use of grease

5. Broken glass or other sharp materials
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Ordinance/Zoning Code Update Page 9 of 15
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E. Monitored perimeter security fence system.
“Monitored perimeter security fence system” means a perimeter alarm system with an assembly of battery-powered equipment, including but not limited to: a monitored alarm device and energizer which is intended to periodically deliver pulses to a security fence, a battery charging device used exclusively to charge the system’s battery, and other integrated components.

The design, construction, and use of monitored perimeter security fence systems may be permitted subject to the approval of a conditional use permit pursuant to Chapter 18.114, subject to the following additional requirements:

1. IEC Standard No. 60335-2-76. Unless otherwise specified herein, monitored perimeter security fence systems shall be constructed and operated in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76, current edition.

2. Power Source. The energizer for monitored perimeter security fence systems must be driven by a commercial storage battery not to exceed twelve (12) volts DC. The storage battery is charged primarily by a solar panel. The solar panel may be augmented by a commercial trickle charger.

3. Perimeter Barrier. Monitored perimeter security fence systems shall be installed behind a nonelectrified fence or wall that complies with section

18.34.060 B.
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4. Emergency Gate Access. Before a monitored perimeter security fence system is activated, a Knox device shall be approved by the fire department. The Knox device will be installed at the main entry gate and fully functional at all times when the monitored perimeter security fence system is operational.

5. Separation. The perimeter security fence shall be set back four (4) inches to twelve (12) inches from the nonelectrified fence or wall in order to prevent inadvertent access to the monitored perimeter security fence.

6. Design/Height. The monitored perimeter security fence shall be visually transparent and comprised of twelve and one-half (12.5) gauge galvanized steel wires which are run horizontally, up to the maximum height of ten (10) feet.

7. Warning Signs. Monitored perimeter security fence systems shall be clearly identified with bilingual warning signs in compliance with Civil Code § 835(b)(3) that read: “Warning – Electric Fence” at intervals of not more than thirty (30) feet.

8. Location. Monitored perimeter security fence systems shall only be permitted on properties zoned LI Light Industrial and HI Heavy Industrial.

9. Alarm Signal. The monitored perimeter security fence system shall transmit a signal to an alarm monitoring business in response to an intrusion or burglary.

The system shall not directly connect to or call law enforcement. The business must first verify the alarm event prior to requesting deployment of law enforcement.”
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Ordinance/Zoning Code Update Page 11 of 15
Rev: 09/2019
SECTION 8: That in Article 8 (“Definitions”), the definition of “Data Center” is revised to read, “Data Center. A facility that is very limited in the number of on-site staff and contains a large number of networked computer servers typically used by businesses and organizations for the remote storage, and distribution of large amounts of data. Also includes Data Warehouses.”
SECTION 9: That in Article 8 (“Definitions”), the definition of “Data Center, ancillary” is also added to read, “Data Center, ancillary. A facility of networked computer servers for private use by an industrial user, and subordinate and accessory to the primary use.

Ancillary Data Centers are limited to 20% of the building square footage on a site and a maximum power draw of nine (9) Megawatts.”
SECTION 10: That Table 2-13 (“Office and Industrial Zones / Allowed Uses and Permit Requirements”) of Section 18.16.020 (“ Office and Industrial Land Uses and Permit Requirements”) of Chapter 18.16 (“ Office and Industrial Zones ”) is revised to read that Data Centers are a conditionally permitted use in the LO -RD Low-Intensity Office/R+D, HO-RD High- Intensity Office/R+D, LI Light Industrial and HI Heavy Industrial zones.

Table 2-13 is also revised to include a separately enumerated use for Data Center, ancillary, which is a permitted use in the LO-RD Low-Intensity Office/R+D, HO-RD High- Intensity Office/R+D, LI Light Industrial and HI Heavy Industrial zones.

SECTION 11: That S ubparagraph c of paragraph 2 (“ Annual Limit ”) of subs ection C (“Operating Standards for Short -Term Rentals ”) of Section 18.60.250, Short -Term Rentals of Residential Property, is revised to read, “ For purposes of this section, Accessory Dwelling Units are considered unhosted if and only if the primary dwelling unit is owner-occupied.”
Ordinance/Zoning Code Update Page 12 of 15
Rev: 09/2019
SECTION 12: That a new Section 18.60.270 (“Developments Located Within the Airport Influence Area”) is hereby added to Chapter 18.60 (“ Standards for Specific Land Uses”) of Title 18 (“Zoning”) to read as follows:
“18.60.270 Developments Located Within the Airport Influence Area.

A. All projects located within the Airport Influence Area shall be subject to the following requirements:

1. When measuring development height for consistency with the San Jose International Airport (SJC) Comprehensive Land Use Plan (CLUP) Part 77 Surfaces, height is to be measured from mean sea level (MSL) to the top of the highest point of any proposed structure. The height of any proposed structure is subject to height policies outlined in Sections 4.3.3.1 and 4.3.4.1 of the SJC CLUP and may not exceed the Part 77 Surface immediately above that proposed structure. In the case of structures or objects within the SJC AIA, if that structure or object penetrates the FAR Part 77 surface, the proponent may submit the project data to the FAA for evaluation and air navigation hazard determination, in which case the FAA's determination shall prevail.

2. To ensure compliance with safety zone policies in the SJC Comprehensive Land Use Plan (CLUP), all proposed housing development within the various safety zones must conform to the applicable density allowances and open space/open area requirements as outlined in in Section 4.3.5.1 and Table 4-2 of the SJC CLUP.
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3. To ensure compliance with noise related policies and guidelines, all proposed housing development / new housing accommodations must conform to the CNEL Noise Compatibility Guidelines and Section 4.3.2.1 and Table 4-1 of the SJC CLUP.

4. Where legally allowed , dedication of an avigation easement to the City of San Jose shall be required to be offered as a condition of approval on all projects located within an Airport Influence Area, other than reconstruction projects as defined in paragraph 4.3.7 of the SJC C LUP. All such easements shall be similar to that shown as Exhibit 1 in Appendix A of SJC CLUP.”
SECTION 13: Ordinances Repealed. With exception of the provisions protected by the savings clause, and the chapters of the existing zoning code that were renumbered above, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.

SECTION 14: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
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SECTION 15: Effective date. Except as otherwise provided below, t his ordinance shall take effect thirty (30) days after its final adoption; how ever, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, California.” Notwithstanding the foregoing, the following sections shall not take immediate effect:
• Those provisions in Chapter 18.10 (Residential Zones) of Article 2 ( Zones, Allowable Uses, and Development Standards ) that apply to the R2, R3, R4, R5, R6, PH-R5, UC, UV, and HD Flex zones, until such time as the City Council adopts a revised zoning map;
• Chapters 18.12 through 18.20 of Article 2 ( Zones, Allowable Uses, and Development Standards ), until such time as the City Council adopts a revised zoning map; and
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• Section 18.60.250 ("Short-Term Rentals of Residential Property") of Chapter 18.60 ("Standards for Specific Land Uses") of Article 4 ("Standards for Specific Land Uses"), for which the implementation is deferred for nine (9) months to allow time for the establishment of a monitoring and compliance program.

PASSED FOR THE PURPOSE OF PUBLICATION this 19TH day of December, 2023, by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

1. Zoning Code update document
Ordinance/Zoning Code Update
Rev: 09/2019
Chahal, Hardy, Jain, Park, and Watanabe,
and Mayor Gillmor
None
Becker
None
ATTEST: ~

NORAPIMENTEL,MM

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 i

Article 1 – Enactment and Applicability
December 2023
Title 18 – Zoning Code

TABLE OF CONTENTS
Chapter 18.02 – Purpose and Applicability of Zoning Code ----------------------------- 1-1

18.02.010 – Title ----------------------------------------------------------------------------------------------- 1-1

18.02.020 – Purpose and Authority ----------------------------------------------------------------------- 1-1

18.02.030 – Applicability of Zoning Code ---------------------------------------------------------------- 1-2

18.02.040 – Relationship to Prior Ordinances ---------------------------------------------------------- 1-3

18.02.050 – Relationship to General Plan --------------------------------------------------------------- 1-3

18.02.060 – Prior Rights and Violations ------------------------------------------------------------------ 1-3

18.02.070 – Effect of Zoning Code Amendments on Projects in Progress ---------------------- 1-3 Chapter 18.04 – Interpretation of the Zoning Code Provisions ------------------------- 1-5

18.04.010 – Purpose ----------------------------------------------------------------------------------------- 1-5

18.04.020 – Rules of Interpretation ----------------------------------------------------------------------- 1-5

18.04.030 – Procedures for Interpretation --------------------------------------------------------------- 1-7

18.04.040 – Uses Not Classified --------------------------------------------------------------------------- 1-7

18.04.050 – Measurement of Separation Requirements --------------------------------------------- 1-7

18.04.060 – Headings and Illustrations ------------------------------------------------------------------ 1-8 Chapter 18.06 – Zoning Map and Zones -------------------------------------------------------- 1-9

18.06.010 – Purpose ----------------------------------------------------------------------------------------- 1-9

18.06.020 – Establishment of Zones---------------------------------------------------------------------- 1-9

18.06.030 – Zoning Map ------------------------------------------------------------------------------------ 1-11

18.06.040 – Rights-of-Way and Vacated Boundary Lines ------------------------------------------ 1-11

18.06.050 – Uncertainty of Boundaries ----------------------------------------------------------------- 1-11

18.06.060 – Classification of Annexed Lands --------------------------------------------------------- 1-12

TABLES

Table 1-1 Zones Implementing the General Plan ................................................................................ 1-11

Table of Contents Article 1 – Enactment and Applicability

ii November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

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Article 1 – Enactment and Applicability Chapter 18.02

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Chapter 18.02 – Purpose and Applicability of Zoning Code 1 For Article numbers
Sections

18.02.010 – Title

18.02.020 – Purpose and Authority

18.02.030 – Applicability of Zoning Code

18.02.040 – Relationship to Prior Ordinances

18.02.050 – Relationship to General Plan

18.02.060 – Prior Rights and Violations

18.02.070 – Effect of Zoning Code Amendments on Projects in Progress

18.02.010 – Title
Title 18 of the Santa Clara City Code (SCCC), containing the City’s zoning regulations, shall be known as the "Santa Clara Zoning Code" and referred to as this “Zoning Code.”

18.02.020 – Purpose and Authority
A. Purpose. This Zoning Code is intended to carry out the policies of the Santa Clara General Plan.

More specifically, the purpose of this Code is as follows:

1. Promote and protect the public comfort, convenience, health, safety, peace, and general welfare;

2. Provide a comprehensive zoning plan for the development of the City and to guide, control, and regulate the future growth of the City;

3. Minimize conflicts between private individual or groups or other conflicts that might result from incompatible or inappropriate adjacent land uses;

4. Promote orderly growth while providing adequate infrastructure and maximizing the efficient use of land;

5. Maintain and enhance desirable characteristics of the neighborhoods;

6. Protect the character, social and economic stability of residential, commercial, mixed use, industrial, and other private and public areas within the City, and ensure the orderly and beneficial development of these areas;

7. Prevent public safety conflicts between the locations of structures and streets; and

8. Provide adequate air, light, privacy, and convenience of access to property, and to ensure safety from fire, inundation, and other dangers.

Chapter 18.02 – Purpose and Applicability of Zoning Code

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B. Authority. This Zoning Code is enacted based on the authority vested in Santa Clara and the State of California, including but not limited to the State Constitution, Subdivision Map Act ( California Government Code Section 66410 et seq.), California Environmental Quality A ct (California Public Resources Code Section 21000 et seq.), the California Health and Safety Code, the City Charter, and the SCCC.

18.02.030 – Applicability of Zoning Code
The use of all land, either permanently or temporarily, and the act of altering, constructing, enlarging, erecting, moving, or using any structure shall comply with the provisions of this Zoning Code and applicable provisions in other Titles of the SCCC. This Zoning Code applies to all uses of land and structures , subdivisions, and development, regardless of ownership, within the City.

A. Compliance Required. No structure shall be altered, erected, or reconstructed in any manner, nor shall any structure or land be used for any purpose, other than as expressly allowed by this Zoning Code.

B. Land Use Permits and Approvals Required. Land use permits and approvals are required when a development, as defined in this Zoning Code, is proposed. No person shall begin construction, occupy, or conduct a use or operation within the City unless any required land use permits have been issued and approvals have been obtained and the applicable appeal periods have expired in compliance with Chapter 18.144 (Appeals). The City shall not issue any other permit related to the development until all required approvals have been obtained.

C. Subdivisions. A subdivision of land proposed within the City after the effective date of the ordinance adopting this Zoning Code shall comply with the minimum parcel size requirements of Article 2 (Zones, Allowable Land Uses, and Development Standards), other applicable requirements of this Zoning Code, and SCCC Title 17 (Subdivisions).

D. Continuation of an Existing Land Use. A legally established land use is lawful and not in violation of this Zoning Code only when operated and maintained in compliance with applicable provisions of this Zoning Code and any condition(s) imposed on a discretionary application, including compliance with Article 5 (Nonconformities).

E. Minimum Requirements. The provisions of this Z oning Code shall be considered the minimum requirements, unless specifically stated otherwise, for the promotion of the public health, safety, and general welfare. When this Zoning Code provides for discretion on the part of a Review Authority, the discretion may be exercised to impose more stringent requirements than required by this Zoning Code, as determined by the applicable Review Authority to be necessary to promote orderly land use and development, environmental resource protection, and the other purposes of this Zoning Code.

F. Conflicting Requirements. Conflicts between different requirements of this Zoning Code, or between this Zoning Code and other regulations, shall be resolved in compliance with Section

18.04.020 (Rules of Interpretation).

G. Other Requirements May Apply. Nothing in this Zoning Code eliminates the need for obtaining other permits required by the City, or a permit approval, or entitlement required by another applicable special district or agency, or other approvals required by the r egulations of a State or Federal agency. The City shall not issue any permit, Business License, or other approval if the structure or land use would violate the provisions of this Zoning Code. Permits issued in error shall be void.

Article 1 – Enactment and Applicability Chapter 18.02 –

Public Review Draft - Santa Clara Zoning Code, Title 18 November 2023 1-3

18.02.040 – Relationship to Prior Ordinances
The provisions of this Zoning Code, as it existed before the effective date of Ordinance No. (Insert Ordinance number to adopt this update) , are repealed and superseded as provided in the ordinance enacting this Title. No provision of this Zoning Code shall validate or legalize any land use, structure, or subdivision constructed, created, established, or maintained in violation of the City ’s Zoning Code as they existed before repeal by the ordinance enacting this Zoning Code, except as addressed by nonconformities created by this Zoning Code, in compliance with Article 5 (Nonconformities).

18.02.050 – Relationship to General Plan
A. Zoning Code is the Primary Tool. This Zoning Code is the primary tool used by the City to implement the goals, policies, and actions of the General Plan and any applicable specific plan.

1. General Plan. The General Plan is a comprehensive, long-range, general policy statement for the entire community. The General Plan designates appropriate locations and densities for residential, commercial, mixed use, industrial, public, and open space uses.

2. Zoning Code. This Zoning Code is a specific statement of allowable uses of land and related development standards by zone designed to control the use, type, bulk, height, space, and location of structures and land. This Zoning Code is intended to be applied to the City based on land use designations established in the General Plan.

B. General Plan Consistency.

1. Recognizing and honoring Santa Clara’s rights and authority as a charter city, the Council intends that this Zoning Code be consistent with the General Plan and any applicable specific plan, and that any development, land use, or subdivision approved in compliance with this Zoning Code shall also be consistent with the General Plan and any applicable specific plan.

2. In setting this goal, the City does not waive its charter city exemption to Government Code Title 7, Division 1, Chapter 3 under Government Code Section 65700.

C. Where Inconsistencies Exist. Where inconsistencies are found to exist between the General Plan and this Zoning Code, the Zoning Code shall control the use and development of the land until the Council adopts an amendment to achieve consistency with the existing or current General Plan.

In the case of inconsistencies between density ranges in the Zoning Code and General Plan, the greater density range prevails.

18.02.060 – Prior Rights and Violations
The enactment of this Zoning Code shall not terminate nor otherwise affect land use development permits, approvals, or agreements authorized under the provisions of any ordinance or resolution, nor shall violation of any prior ordinance or resolution be excused by the adoption of this Zoning Code.

18.02.070 – Effect of Zoning Code Amendments on Projects in Progress The enactment of this Zoning Code, or an amendment to this Zoning Code, may have the effect of imposing different standards on a new land use than those that applied to existing development . (For example, this Zoning Code or a future amendment could require a different number of off -street parking spaces for a particular land use than the former regulations.) The following provisions determine how the requirements of this Zoning Code will apply to a development project that is in progress at the time this Zoning Code or an amendment goes into effect.

Chapter 18.02 – Purpose and Applicability of Zoning Code

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A. Application Complete. All planning permit applications (Article 6 [Permit Processing Procedures]), that are active and that have been determin ed by the Project Clearance Committee to be complete before the effective date of this Zoning Code or any amendment, shall be processed in compliance with the requirements in effect when the application was deemed complete.

B. Approved Projects not Yet Under Construction. Any structure authorized by a planning permit or approval for which a Building Permit has been issued may be constructed in compliance with the permit or approval, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension, in compliance with Section 18.130.060 (Expiration).

C. Project Under Construction. A project for which a Building Permit has been issued under the provisions of earlier ordinances of the City which are in conflict with this Zoning Code, and on which substantial construction beyond approval of the first inspection before the effective date of this Zoning Code, or any amendment, as determined by the Director, may be continued and completed in compliance with the plans and specifications upon which the permit was issued, and further provided that construction is diligently prosecuted to completion. The original permit need not be changed to satisfy any new or different requirements of this Zoning Code.

D. Subdivision Maps. Subdivision maps shall be processed in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and SCCC Title 17 (Subdivisions).

Article 1 – Enactment and Applicability Chapter 18.04

1 Public Review Draft - Santa Clara Zoning Code, Title 18 November 2023 1-5

Chapter 18.04 – Interpretation of the Zoning Code Provisions Sections

18.04.010 – Purpose

18.04.020 – Rules of Interpretation

18.04.030 – Procedures for Interpretation

18.04.040 – Uses Not Classified

18.04.050 – Measurement of Separation Requirements

18.04.060 – Headings and Illustrations

18.04.010 – Purpose
The purpose of this Chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Zoning Code, and to ensure its consistent interpretation and application.

18.04.020 – Rules of Interpretation
A. Director’s Authority. The Community Development Director, referred to in this Zoning Code as the Director, has the authority to interpret the provisions of this Zoning Code in compliance with Section 18.04.030 (Procedures for Interpretation), below. Whenever the Director determines that the meaning or applicability of a Zoning Code provision is subject to interpretation, the Director shall issue a written interpretation. The Director may also refer any issue of interpretation to the Planning Commission for a determination. A decision of the Director may be appealed to the Planning Commission in compliance with Chapter 18.144 (Appeals).

B. Intent of Requirements. The requirements of this Zoning Code are not intended to interfere with or annul any easements or covenants between parties, provided, however, that where this Code imposes a greater restriction than imposed or required by any other law, title, ordinance, code, or other regulation, or by any easement or covenant, the provisions of this Code shall apply.

C. Terminology. When used in this Zoning Code, the following rules apply to all provisions of this Zoning Code:

1. Language. When used in this Zoning Code, the words "shall," "must," "will, " "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive.

2. Tense. The present tense includes the past and future tense, and the future tense includes the present.

3. Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

4. Calculations.

a. Residential Density. When the number of dwelling units allowed on a site is calculated based on the minimum site area per dwelling unit, any fraction of a unit shall be rounded down to the next lowest whole number.

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b. All Other Calculations. For all calculations other than residential density, the fractional/decimal results of calculations exceeding .500 shall be rounded to the next highest whole number , unless otherwise provided by that specific Code provision.

5. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either…or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to”.

6. Local Reference and Abbreviations. The following phrases, personnel, and document titles are shortened in this Zoning Code.
a. City. City as used in this Zoning Code means Santa Clara and all public officials, bodies, and agencies referenced in this Code are those of the City, unless otherwise stated.
b. Council. Council as used in this Zoning Code means the Santa Clara City Council. c. Department. Department as used in this Zoning Code means the Santa Clara Planning and Inspection Department.
d. Designees of Public Officials. Any reference to a public official in this Zoning Code (e.g., “Director” or “Zoning Administrator”) shall be construed to mean that official or any designee of that official.
e. Director. Director as used in this Zoning Code mea ns the Santa Clara Community Development Director.
f. Planning Commission. Planning Commission as used in this Zoning Code means the Santa Clara Planning Commission.

7. Definitions. All terms used in this Zoning Code shall be as defined in Article 8 (Definitions) and/or as determined/interpreted by the Director.

D. Number of Days. Whenever the number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Code, the number of days shall be construed as calendar days , unless business days are specified. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day.

E. State Law Requirements. Where this Zoning Code refers to provisions of State law (for example, the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the references shall be interpreted to be to the applicable State law provisions as they may be amended from time to time.

F. Minimum Requirements. When interpreting and applying the regulations of this Zoning Code, all provisions shall be considered to be minimum requirements, unless speci fically stated otherwise, for the promotion of the public safety, health, and the general welfare.

G. Conflicting Requirements. Wherever conflict occurs between the provisions of this Zoning Code and any other provision of law, the more restrictive provisions shall apply, except for conflicts between the requirements of this Code and any adopted specific plan or Special Planning Area, in which case the requirements of the specific plan or Special Planning Area shall govern.

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18.04.030 – Procedures for Interpretation
A. Authority of Director to Interpret; Referral to Planning Commission. Whenever the Director determines that the meaning or applicability of any of the provisions of this Zoning Code is subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Planning Commission for determination.

B. Request for Interpretation. Any party may file a written request for an i nterpretation or determination of this Zoning Code with the Director and shall include with the request the specific provisions in question and any other information necessary to assist the Director in the review.

C. Record of Interpretations/Determinations. All interpretations and determinations by the Director and Planning Commission shall be made in writing, and a permanent record of the interpretations and determinations shall be kept.

D. Appeals. Any determination of this Zoning Code by the Director or Planning Commission may be appealed in compliance with Chapter 18.144 (Appeals).

18.04.040 – Uses Not Classified
A. Use Not Listed is Not Allowed . Since the language used in this Zoning Code is deemed permissive, if a proposed use of land is not sp ecifically listed in Article 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided in Subsection B., below.

B. Director’s Determination. Based on the authority granted in Section 18.04.030 (Procedures for Interpretation), above, the Director may determine that a proposed land use that is not listed in Article 2 (Zones, Allowable Uses, and Development Standards) may be allowed. In making this determination, the Director shall first make all of the following findings:

1. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, dust, emissions, noise, odor, parking, traffic generation, or similar impacts than the uses listed in the zone;

2. The proposed use meet s the purpose/intent of the zone that is applied to the location of the use;

3. The proposed use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable community plan; and

4. The proposed use is not specifically listed as allowable in any other zone(s).

C. Applicable Standards and Permit Requirements. When the Director determines that a proposed but unlisted use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what development standards and requirements of this Zoning Code apply.

18.04.050 – Measurement of Separation Requirements
Whenever this Zoning Code specifies a distance separation requirement between land uses the distance between one use and another use shall be made in a straight line, without regard to intervening structures or objects, from property line to property line of the parcel on which the structure, or portion of the structure, in which the other use is located.

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18.04.060 – Headings and Illustrations
A. Headings. The headings of the articles, chapters, sections, subsections, subparagraphs, clauses, and subclauses of this Zoning Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and illustrative purposes only and in no way define, limit, or enlarge the scope or meaning of this Zoning Code or its provisions.

B. Illustrations. In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in this Code, the text shall govern.

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Chapter 18.06 – Zoning Map and Zones
Sections

18.06.010 – Purpose

18.06.020 – Establishment of Zones

18.06.030 – Zoning Map

18.06.040 – Rights-of-Way and Vacated Boundary Lines

18.06.050 – Uncertainty of Boundaries

18.06.060 – Classifaction of Annexed Lands

18.06.010 – Purpose
This Chapter establishes the zones applied to property located within the City and adopts the City's Official Zoning Map.

18.06.020 – Establishment of Zones
A. General. The City is divided into zones to allow for the orderly, planned development of the City and to implement the General Plan. Table 1- 1 (Zones Implementing the General Plan) , below identifies all of the zones adopted by the City. All zones shall be listed and appropriately designated on the City’s Official Zoning Map.

B. Base Zones. Every parcel shall have a base zone that establishes the primary type and intensity of land use allowed, along with development standards and regulations for that particular type and intensity of land use.

C. Overlay/Combining Zones. An overlay/combining zone supplements the base zone for the purpose of establishing special land use allowances or limitations or development standards and regulations for a particular area in addition to the provisions of the underlying base zone. In the event of conflict between the base zone regulations and the overlay/combining zone regulations, the provisions of the overlay/ combining zone shall apply.

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Table 1-1

ZONES IMPLEMENTING THE GENERAL PLAN
Zoning Map Symbol Zone Name Allowable Density or
Intensity
Corresponding
General Plan Land
Use Designations
Residential Zones
R1-6L Single-Family Residential 0.1 - 10 DU/AC Very Low Density Residential
R1-8L Single-Family Residential,
Larger Parcel 0.1 - 10 DU/AC Very Low Density
Residential
R2 Low-Density Residential 8 - 19 DU/AC Low Density Residential R3 Medium-Density
Residential 20 - 36 DU/AC Medium Density
Residential
R4 High-Density Residential 37 - 50 DU/AC Medium Density Residential
R5 Very-High-Density
Residential 51 - 100 DU/AC Very High Density
Residential
PH-R5 Patrick Henry Very-High-
Density Residential 51 – 100 DU/AC Very High Density
Residential
R6 Transit Neighborhood
Residential 60 - 350 DU/AC Transit Neighborhood
UV Urban Village 100-149 DU/AC Urban Village (Patrick
Henry Drive Plan)
VR Village Residential 60 - 149 DU/AC Village Residential (Patrick Henry Drive Plan)
UC Urban Center 120 - 250 DU/AC Urban Center (Patrick
Henry Drive Plan)
HD-Flex High Density Flex 60 - 149 DU/AC High Density Flex (Patrick Henry Drive Plan) 2.0 FAR
Commercial Zones
C-C Commercial-Community 0.5 FAR Community Commercial
C-N Commercial-
Neighborhood 0.4 FAR Neighborhood Commercial
C-R Commercial-Regional 0.6 FAR Regional Commercial
Mixed-Use Zones
MUNC Mixed Use-Neighborhood
Commercial
20 - 36 DU/AC Neighborhood Mixed Use 0.1 FAR minimum
MUCC Mixed Use Community
Commercial
20 - 36 DU/AC Community Mixed Use 0.1 FAR minimum
MURC Mixed Use-Regional
Commercial
37 - 50 DU/AC Regional Mixed Use 0.15 FAR minimum
MU-VHD Mixed Use-Very High
Density Residential
51-120 DU/AC Very High Density Mixed
Use; Santa Clara Station
Very High Density
Residential

0.2 FAR minimum
Office and Industrial Zones
LO-RD Low-Intensity Office/R&D 1.0 FAR Low-Intensity Office/R&D HO-RD Office/R&D-High Intensity 2.0 FAR High-Intensity Office/R&D LI Industrial-Light 0.6 FAR Light Industrial
HI Industrial-Heavy 0.45 FAR Heavy Industrial
Special Purpose Zones
OS Parks/Open Space N/A Parks/Open Space
PQP Public/Quasi Public N/A Public/Quasi Public
PD
Planned Development N/A N/A
Planned Development –
Master Community N/A N/A
LSAP Lawrence Station Area
Plan
8 - 19 DU/AC Low Density Residential
20 - 36 DU/AC Medium Density
Residential
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Table 1-1

ZONES IMPLEMENTING THE GENERAL PLAN
Zoning Map Symbol Zone Name Allowable Density or
Intensity
Corresponding
General Plan Land
Use Designations
37 - 50 DU/AC High Density Residential
51-100 DU/AC Very High Density
Residential
N/A Parks/Open Space
N/A Public/Quasi Public

18.06.030 – Zoning Map
The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled "Zoning Map for Santa Clara " and referred to in this Zoning Code as the Zoning Map. Any additional maps (e.g., setback map, height map) adopted shall also be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map, is hereby adopted in compliance with current State planning, zoning, and development laws. Amendments to the existing zone boundaries of any identified zones shall be made by ordinance in compliance with Chapter 18.142 (Amendments [General Plan, Zoning Code, and Zoning Map]).

18.06.040 – Rights-of-Way and Vacated Boundary Lines
Where a public street or alley is officially abandoned or vacated by the Council, the property encompassed by areas associated with the abandoned/vacated street or alley shall be included within the zone(s) of the adjoining properties. If the adjoining properties are in different zones, the boundary lines shall be the centerline of the former street or alley and the extension of the side yard lines of the abutting properties. In the event the street, alley, or right -of-way was a boundary between two or more different zones, the new zone or zone boundary shall be the property line that is created by the abandonment or vacation.

18.06.050 – Uncertainty of Boundaries
A. Zones Shown on Zoning Map. All territory within the jurisdiction of the City has been divided into zones as shown on the Zoning Map maintained by the Department, as modified and supplemented by individual zone maps and ordinances. Zone boundaries need not follow property lines.

B. Boundary Uncertainties. If there is uncertainty about the location of a zone boundary shown on the Zoning Map, the Director shall determine the precise location of the boundary in the following manner, except as provided in Section 18.06.040 (Rights -of-way and Vacated Boundary Lines), above.

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1. Where a zone’s boundaries approximately fo llow parcel, alley, or street lines, the parcel lines and street and alley centerlines shall be construed as the zone boundaries.

2. If a zone ’s boundary line divides a parcel and the boundary line location is not otherwise designated by ordinance, the loc ation of the boundary line shall be determined by use of the scale appearing on the Zoning Map.

3. The boundary of a zone is the center line of the street unless otherwise clearly delineated.

4. The boundaries shall be deemed to be on the parcel line wherever it appears to be on the line.

5. More than one zone may occur on a single parcel.

18.06.060 – Classification of Annexed Lands
A. Most Nearly the Equivalent. Any land annexed to the City that has not been pre-zoned, shall be deemed to be zoned to a classification under this Zoning Code that is most nearly the equivalent zoning classification in the jurisdiction from which it was annexed.

B. Zoning Map Amendment. Whenever it is deemed that the zoning of annexed lands is inconsistent with adopted General Plan land use policy or other applicable City policies, the Planning Commission may recommend, and the Council may adopt the zone classification(s) which shall apply to the annexed lands in the manner specified in Chapter 18.142 (Amendments [General Plan, Zoning Code, and Zoning Map]).

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Article 2 – Zones, Allowable
Uses, and Development Standards
December 2023
Title 18 – Zoning Code

TABLE OF CONTENTS
Chapter 18.10 – Residential Zones (R1, R2, R3, R4, R5, R6, UC, UV, HD Flex) ------- 1

18.10.010 – Purposes of Residential Zones --------------------------------------------------------------- 1

18.10.020 – Land Uses and Permit Requirements ------------------------------------------------------- 3

18.10.030 – Residential Development Standards -------------------------------------------------------- 6

18.10.040 – Other Applicable Regulations --------------------------------------------------------------- 12 Chapter 18.12 – Commercial Zones (C-C, C-N, C-R) ------------------------------------------17

18.12.010 – Purpose of Commercial Zones ------------------------------------------------------------- 17

18.12.020 – Commercial Land Uses and Permit Requirements ------------------------------------ 18

18.12.030 – Commercial Development Standards ----------------------------------------------------- 21

18.12.040 – Other Applicable Regulations --------------------------------------------------------------- 25 Chapter 18.14 – Mixed Use Zones (MU-NC, MU-CC, MU-RC, MU-MD, MU-VHD) ----28

18.14.010 – Purpose of Mixed Use Zones --------------------------------------------------------------- 28

18.14.020 – Mixed Use Land Uses and Permit Requirements -------------------------------------- 29

18.14.030 – Mixed Use Development Standards ------------------------------------------------------- 32

18.14.040 – Other Applicable Regulations --------------------------------------------------------------- 36 Chapter 18.16 – Office and Industrial Zones (LO-RD, HO-RD, LI, HI) -------------------43

18.16.010 – Purpose of Office and Industrial Zones --------------------------------------------------- 43

18.16.020 – Office and Industrial Land Uses and Permit Requirements -------------------------- 44

18.16.030 – Office and Industrial Development Standards ------------------------------------------- 47

18.16.040 – Other Applicable Regulations --------------------------------------------------------------- 49 Chapter 18.18 – Special Purpose Zones (OS, PQP) ------------------------------------------54

18.18.010 – Purpose of Special Purpose Zones -------------------------------------------------------- 54

18.18.020 – Special Purpose Land Uses and Permit Requirements ------------------------------- 54

18.18.030 – Special Purpose Development Standards ----------------------------------------------- 56

18.18.040 – Other Applicable Regulations --------------------------------------------------------------- 57 Chapter 18.19 – Planned Development Zone (PD) --------------------------------------------58

18.19.010 – Purpose of Planned Development Zones ------------------------------------------------ 58

18.19.020 – Planned Development Zone Land Uses and Permit Requirements --------------- 58

18.19.030 – Planned Development Zone Standards -------------------------------------------------- 58 Chapter 18.20 – Lawrence Station Area Plan Zoning District (LSAP) ------------------59

18.20.010 – Application --------------------------------------------------------------------------------------- 59

18.20.020 – Intent ---------------------------------------------------------------------------------------------- 59

18.20.030 – Allowable Uses --------------------------------------------------------------------------------- 59

18.20.040 – Development Standards ---------------------------------------------------------------------- 60 Table of Contents Article 2 – Zones, Allowable Uses, and Development Standards

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18.20.050 – Parking Requirements ------------------------------------------------------------------------ 61

18.20.060 – Additional Development Standards -------------------------------------------------------- 61 Chapter 18.21 – Two-Unit Dwelling Residential Development and Urban Lot Splits62

18.21.010 – Purpose ------------------------------------------------------------------------------------------ 62

18.21.020 – Applicability -------------------------------------------------------------------------------------- 62

18.21.030 – Construction of multiple units in single-family zones ---------------------------------- 62

18.21.040 – Development Standards applicable to all lots with two units------------------------- 63

18.21.050 – Development Standards within R-1 building envelope -------------------------------- 63 Chapter 18.22 – Downtown Form-Based Code (PLACEHOLDER) -----------------------66

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TABLES
Table 2-1 Residential Zones Allowed Uses and Permit Requirements ........................................................ 3 Table 2-2 Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements ........................ 5 Table 2-3 Residential Zone Development Standards ................................................................................... 6 Table 2-4 Patrick Henry Residential Zone Development Standards ............................................................ 9 Table 2-5 Office and Industrial Uses, HD Flex Zone Allowed Uses and Permit Requirements ................. 10 Table 2-6 Residential Zone Setback Encroachments ................................................................................. 13 Table 2-7 Commercial Zones Allowed Uses and Permit Requirements ..................................................... 18 Table 2-8 Commercial Zone Development Standards ................................................................................ 22 Table 2-9 Commercial Zone Setback Encroachments ............................................................................... 25 Table 2-10 Mixed Use Zones Allowed Uses and Permit Requirements ..................................................... 29 Table 2-11 Mixed-Use Zone Development Standards ................................................................................ 33 Table 2-12 Mixed-Use Zone Setback Encroachments ............................................................................... 37 Table 2-13 Office and Industrial Zones Allowed Uses and Permit Requirements ...................................... 44 Table 2-14 Office and Industrial Zone Development Standards ................................................................. 48 Table 2-15 Office and Industrial Zone Setback Encroachments ................................................................ 51 Table 2-16 Special Purpose Zones Allowed Uses and Permit Requirements ............................................ 55 Table 2-17 Special Purpose Zone Development Standards ....................................................................... 56

FIGURES
Figure 2-1 Vertical Mixed-Use ............................................................................................................... 2-38 Figure 2-2 Horizonal Mixed-Use ........................................................................................................... 2-38

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Chapter 18.10 – Residential Zones (R1, R2, R3, R4, R5, R6, UC, UV, HD Flex)
1 For Article numbers
Sections

18.10.010 – Purposes of Residential Zones

18.10.020 – Land Uses and Permit Requirements

18.10.030 – Development Standards

18.10.040 – Other Applicable Regulations

18.10.010 – Purposes of Residential Zones
A. The purpose of this Chapter is to describe the character and intent of each of the City’s residential zones, describe allowed land uses and permit requirements in residential zones, identify any supplemental land use regulations applicable to residential zones , and establish development standards for the same.

B. The purpose of the individual residential uses and the way they are applied are as follows:

1. Single-Family Residential Zone (R1-6L). The purpose of the R1-6L Single-Family Residential Parcel Zone is to provide land areas for the construction, use, and occupancy of single- family dwellings, secondary dwellings authorized by Government Code Section 65852.21, and accessory dwelling units. It is the intent of this zone to protect and preserve the residential characteristics of existing single-family neighborhoods and to promote a suitable environment for family life. The residential density range for this zone is up to 10 dwelling units per acre.

This zone implements the Very Low-Density land use designation in the General Plan.

2. Single-Family Residential, Larger Parcel Zone (R1- 8L). The purpose of the R1- 8L Single- Family Residential Larger Parcel Zone is to provide land areas for the construction, use, and occupancy of single- family dwellings , secondary dwellings authorized by Government Code Section 65852.21, and accessory dwelling units. It is the intent of this zone to preserve existing large parcel resident ial areas and to promote and encourage a single- family residential environment. The residential density range for this zone is up to 10 dwelling units per acre.

This zone implements the Very Low-Density land use designation in the General Plan.

3. Low-Density Residential Zone (R2). The purpose of the R2 Low Density Zone is to provide land areas for the construction, use, and occupancy of single-family detached dwelling units, , secondary dwellings authorized by Government Code Section 65852.21, accessory dwelling units, and two-family dwellings. It is the intent of this zone to maintain a residential character similar to that found in single-family neighborhoods. The residential density range for this zone is 8-19 dwelling units per acre. This zone implements the Low-Density land use designation in the General Plan.

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4. Medium-Residential Density Zone (R3). The purpose of the R3 Medium- Low Residential Density Zone is to provide land areas for the construction, use, and occupancy of two- family dwellings, and multi-family dwellings (i.e., rowhouses, townhouses). It is the intent of this zone to ensure compatibility of duplex -type development with surrounding multi - and single-family dwellings and the local neighborhoods. The residential density range for this zone is 20-36 dwelling units per acre. This zone implements the Medium-Density land use designation in the General Plan.

5. High-Density Residential Zone (R4). The purpose of the R4 Medium- Density Zone is to provide land areas for the construction, use, and occupancy of multi -family dwellings (i.e., rowhouses, townhouses, low -rise apartments). It is the intent of this zone to encourage development types that use innovative site planning provide on-site recreational amenities and be located near neighborhood commercial centers. The residential density range for this zone is 37-50 dwelling units per acre. This zone implements the Medium- Density land use designation in the General Plan.

6. Very-High-Density Residential Zone (R5) and Patrick Henry Very- High-Density Residential Zone (P H-R5). The purpose of the R5 High- Density Zone and PH-R5 Patrick Henry Very-High-Density Residential Zone is to provide land areas for the construction, use, and occupancy of high density and intensity multi-family developments (i.e., low-rise, mid-rise, and high- rise apartments and condominiums). It is the intent of this zone to encourage development to use innovative site planning, provide on- site recreational amenities and be located near major com munity facilities, business centers, transportation corridors, and/or major thoroughfares. The residential density range for this zone is 51- 99 dwelling units per acre. This zone implements the High-Density land use designation in the General Plan.

7. Transit Neighborhood Residential Zone (R6). The purpose of the R6 Transit Neighborhood Residential Zone is to provide land areas for the construction, use, and occupancy of high density and intensity multi -family developments (i.e., mid- rise and high- rise apartments and condominiums). It is the intent of this zone to encourage transit-oriented development that uses innovative site planning to connect to existing and/or future transportation stations and transfer points. Parcels designated R6 are meant to be located along major transit corridors or adjacent to local and regional transit stops and stations. Projects in this zone should include on- site amenities, recreational options, and access to employment centers. The residential density range for this zone is 60 -350 dwelling units per acre. This zone implements the High- Density land use designation in the General Plan.

8. Urban Village (UV). The purpose of the UV Urban Village Zone is to accommodate transit - oriented, multi -family residential development at very -high densities between 5- 12 stories within the Patrick Henry Specific Plan. These urban- scale developments feature pedestrian- oriented facades and frontages. Urban Village developments include structured or below-grade parking and shared outdoor spaces proximate to transit. The residential density range for this zone is 100- 149 dwelling units per acre. This zone implements the High- Density land use designation in the General Plan.

9. Village Residential (VR). The purpose of the VR Village Residential Zone is to accommodate multi-family residential development at very -high densities between 5- 12 stories within the Patrick Henry Specific Plan. The residential density range for this zone is 60-149 dwelling units per acre. This zone implements the High-Density land use designation in the General Plan.

10. Urban Center (UC). The purpose of the UC Urban Center Zone is to accommodate transit - oriented, multi-family residential development at very-high densities with no height limits except those imposed by the FAA due to flight paths for the San Jose International Airport, within the Patrick Henry Specific Plan These urban- scale developments feature pedestrian- oriented facades and frontages. Urban Center developments include structured or below-grade parking and shared outdoor spaces proximate to transit. The residential density range for this zone is 120-250 dwelling units per acre. Densities over 250du/acre may be allowed for the provision of community benefits agreed upon with the City and formalized in a development agreement.

This zone implements the High-Density land use designation in the General Plan.

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11. High Density Flex (HD Flex). The purpose of the HD Flex High Density Flex Zone is to accommodate transit-oriented, multi-family residential development or office or a combination of residential and office on four parcels along the eastern edge of the Patrick Henry Specific Plan Area. Allowable height ranges between 5-12 stories. The residential density range for this zone is 60-149 dwelling units per acre. Office development is allowed up to 2.0 FAR using the development standards of the HO-RD district, per the choice of property owners. This zone implements the High-Density land use designation in the General Plan.

18.10.020 – Land Uses and Permit Requirements
A. Table 2-1 Residential Zone Allowed Uses and Permit Requirements. Table 2-1 indicates the uses allowed within each residential zone and any permits required to establish the use, in compliance with Article 6 (Permit Processing Procedures) and Article 7 (Zoning Code Administration).

B. Additional Regulations. Where the last column in the Table 2-1 includes a chapter or section number, the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this Zoning Code or SCCC may also apply.

C. Definitions. See Article 8 (Definitions) for land use definitions and explanations.

D. Zoning Clearance required. Each land use specified in the following land use table as allowed with a “P” as a use permitted- by-right that includes construction activities (e.g., additions, alterations, new construction, reconstruction, or remodeling) shall require the issuance of a Zoning Clearance in compliance with Chapter 18.128 (Zoning Clearances).

E. Uses not Listed. Uses not listed below may be reviewed by the Director to determine if they are similar to those listed and appropriate in this zone and if so, what type of permit is required, in compliance with Section 18.04.040(Uses Not Classified).

F. Patrick Henry Specific Plan Uses. Uses applicable to the residential zones are located in Table 2- 2 (Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements).

G. Temporary Uses. For all allowed temporary uses and specific standards see Section 18.60.190 (Temporary Uses) in Article 4.

Table 2-1
Residential Zones Allowed Uses and Permit Requirements
Residential Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

R1-6L
R1-8L R2 R3
R4 R5 R6 Additional
Regulations
Residential Uses
Dwelling, Accessory
Units P P P P P Chapter 18.60.020
Dwelling, Multifamily - P P P P Section 18.10.040(C)
Dwelling, Second Unit P P -
Dwelling, Single-Family P P - - - Section 18.10.040(C)
Section 18.10.040(A)
Dwelling, Two-Family P P P - - Chapter 18.21
Employee Housing P P P P P
Home Occupations P P P P P Chapter 18.60.120
Live-Work Facilities - - MUP MUP MUP Chapter 18.60.130
Mobile Home Park - - CUP CUP -
Organizational Houses - - MUP MUP -
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Table 2-1
Residential Zones Allowed Uses and Permit Requirements
Residential Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

R1-6L
R1-8L R2 R3
R4 R5 R6 Additional
Regulations
Rooming and/or
Boarding Houses - - MUP MUP -
Supportive Housing P P P P P
Transitional Housing P P P P P
Human Services Uses
Assisted Living Facilities - - - CUP CUP Chapter 18.60.080 Child Day Care Homes,
Up to 14 Children P P P P P
Residential Care
Facilities, six or fewer
residents

P P P P P
Residential Care
Facilities, seven or more
residents

MUP MUP MUP MUP MUP
Community Care
Facilities - CUP CUP CUP CUP
Low-barrier Navigation
Centers
- - P P -
Emergency Shelters - - P P - Chapter 18.60.110
Recreation, Education, and Public Assembly Uses
Community Gardens P P P P P
Parks and Public Plazas P P P P P
Places of Assembly - CUP CUP CUP CUP
Public Schools P P P P -
Private Schools CUP CUP CUP CUP -
Utility, Transportation, and Communication Uses
Public Safety Facilities - - P P P
Wireless
Telecommunications
Facilities, Co-
location/Small Cell
P P P P P Section 18.10.040(A)
Chapter 18.66
Photovoltaic Systems P P P P P
Retail, Service, and Office Uses
Bed and Breakfast Inns P P CUP - - Chapter 18.60.050

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.10

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-5

Table 2-2
Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements Residential Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

PH-R5 UV VR UC Additional Regulations
Residential Uses
Dwelling, Accessory
Units P P P P Chapter 18.60.020
Dwelling, Multifamily P P P P Section 18.10.040(C)
Dwelling, Second Unit - - - -
Dwelling, Single-Family - - - - Section 18.10.040(C)
Section 18.10.040(A)
Dwelling, Two-Family - - - - Chapter 18.21
Employee Housing P P P P
Home Occupations P P P P Chapter 18.60.120
Live-Work Facilities MUP MUP MUP MUP Chapter 18.60.130
Mobile Home Park - - - -
Organizational Houses - - - -
Rooming and/or
Boarding Houses - - - -
Supportive Housing P P P P
Transitional Housing P P P P
Human Services Uses
Assisted Living Facilities CUP CUP CUP CUP Chapter 18.60.080 Day Care Homes, Up to
14 Children P P P P
Community Care Facility,
Small P P P P
Community Care Facility,
Large CUP CUP CUP CUP
Emergency Shelters - - - - Chapter 18.60.110
Recreation, Education, and Public Assembly Uses
Community Gardens P P P P
Parks and Public Plazas P P P P
Places of Assembly CUP CUP CUP CUP
Public Schools CUP CUP CUP CUP
Private Schools CUP CUP CUP CUP
Utility, Transportation, and Communication Uses
Public Safety Facilities P P P P
Wireless
Telecommunications
Facilities, Co-
location/Small Cell
P P P P Section 18.10.040(A)
Chapter 18.66
Retail, Service, and Office Uses
Bed and Breakfast Inns - - - - Chapter 18.60.050
Retail P P P P
Off-sale of alcohol P P P P
Restaurants, including
on-sale of alcohol

P P P P
Bars CUP CUP CUP CUP
Office Uses P P P P

Chapter 18.10 Residential Zones

2-6 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

18.10.030 – Residential Development Standards
A. Table 2-3 and 2-4 Residential Zone Development Standards. The intent of the residential zone development standards table is to clearly and precisely establish the basic site and structure regulations that apply to all developments in each of the residential zones. The table also indicates where additional site and structure requirements, including, but not limited to, off-street parking, landscaping, signage, fences and obstructions, and performance standards, apply to residential zones.

B. Density. Maximum density standards shall be consistent with the General Plan or applicable Master Plan, Specific Plan, or Area Plan.

C. Zoning Map. The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled "Zoning Map for City of Santa Clara " and referred to in this Zoning Code as the Zoning Map. Any additional maps adopted shall also be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map, is hereby adopted in compliance with current State planning, zoning, and development laws.

Changes in the boundaries of any identified zones shall be made by ordinance in compliance with Chapter 18.142 (Amendments).

D. For additional allowable uses pertaining to the HD-Flex Zone, see Table 2-5.

Table 2-3
Residential Zone Development Standards

Development Feature
(minimum unless otherwise
indicated)
R1-6L R1-8L R2 R3 R4 R5 R6 Additional
Regulations
Parcel Area (minimum) area required for each NEWLY CREATED parcel.

Parcel Area 6,000 8,000 7,000 8,500 8,500 10,000 None

Street Frontage (feet) 60 70 50 60 70 70 None
Structure Coverage (maximum percentage)
Parcel Area (less than 10,000
sq. ft.) 40% 40% 45% 60% 80% None None
Parcel Area (10,000 sq. ft. or
greater) 40% 40% 45% None None None None
Setbacks (minimum) -Property lines are measured in feet, with those adjacent to the street measured from the face of the curb., adopted plan line, or edge of right-of-way.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.10

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-7

Table 2-3
Residential Zone Development Standards

Development Feature
(minimum unless otherwise
indicated)
R1-6L R1-8L R2 R3 R4 R5 R6 Additional
Regulations

Front 20 20 15 10 10 10 10 Section 18.30.050
Side, Corner 5 5 10 10 15 15 15

Side, Interior 5 6 and 9 5 5 10 10 10 Section 18.10.040(B) Section 18.30.050

Rear, single-story 20 20 10 10 20 20 20 Section 18.30.050

Rear, multi-story 20 20 15 15 20 20 20 Section 18.30.050

Length of driveway
approach 20 20 20 20 20 20 20
Height (maximum) measured in feet

Height (within 20 feet of
the R1-6L, R1-8L, and
R2 zones)
25 25 32 32 32 32 32 Section 18.30.040
Height (all other zones) 25 25 32 40 80 100 200 Section 18.30.040 Number of Stories (maximum)
Number of Stories and the
Daylight Plane
All structures adjacent to R1 and R2 zones shall include a 45-degree daylight plan off the property line to implement a compatible transition between structures.

Number of Stories 2 2 2 4 8 10 20
Gross Residential Density (minimum to maximum) shown in number of dwelling units per acre Allowable Density 0.1-10 0.1-10 8-19 20-36 37-50 51-99 85-350 Recreation Space for Multi-Family Dwellings (minimum) measured in square feet per dwelling unit Private Recreation Space
(required for a minimum of 50
percent of units)
None None None 60 60 40 40
Common Recreation Space
(per unit) None None None 200 200 200 200
Additional Regulations
Residential Accessory
Structures Chapter 18.32
Basements Section 18.30.070

Chapter 18.10 Residential Zones

2-8 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

Table 2-3
Residential Zone Development Standards

Development Feature
(minimum unless otherwise
indicated)
R1-6L R1-8L R2 R3 R4 R5 R6 Additional
Regulations
Density Bonus and
Affordable Housing Chapter 18.66
Fences, Walls, Hedges, and
Screens Chapter 18.34
Landscaping Standards Chapter 18.36
Open Space Standards City Code Chapter 17.35
Off-Street Parking
Regulations and Design
Standards
Chapter 18.38
Performance Standards Chapter 18.40
Sign Standards Chapter 18.42

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.10

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-9

Table 2-4
Patrick Henry Residential Zone Development Standards

Development Feature
(minimum unless otherwise
indicated)
PH-R5 UV VR UC HD
Flex Additional Regulations
Parcel Area (minimum) area required for each NEWLY CREATED parcel.

Parcel Area 10,000 10,000 10,000 8,500 8,500
Street Frontage (feet) 70 70 70 60 70
Structure Coverage (maximum percentage)
Parcel Area (less than 10,000
sq. ft.) None None None None None
Parcel Area (10,000 sq. ft. or
greater) None None None None None
Setbacks (minimum) - Setback lines are measured from the back of walk.

Residential (front, side
corner and interior) 10 10 10 10 10
Mixed-Use (front, side
corner and interior) 0 0 0 0 0
Office (front, side corner and
interior) 0 0 0 0 0
Setback Encroachments
(i.e., awning, balconies,
stoops)
Setback encroachments are allowed per the quantitative
standards of the PHD plan.

Height (maximum) measured in feet
Height (within 20 feet of the
R1-6L, R1-8L, and R2 zones) 32 32 32 32 32 Section 18.30.040 Height (all other zones) 135 160 160 FAA 160 Section 18.30.040 Number of Stories (maximum)
Number of Stories (all other
zones) 10 12 12 FAA 12
Gross Residential Density (minimum to maximum) shown in number of dwelling units per acre Allowable Density 51-99 100-149 60-149 120-250 60-149 Recreation Space for Multi-Family Dwellings (minimum) measured in square feet per dwelling unit Private Recreation Space
(required for a minimum of 50
percent of units)
Per the PDO and PHD plan
Common Recreation Space
(per unit) Per the PDO and PHD plan
Additional Regulations
Residential Accessory
Structures Chapter 18.32
Basements Section 18.30.070
Density Bonus and
Affordable Housing Chapter 18.66
Fences, Walls, Hedges, and
Screens Chapter 18.34
Landscaping Standards Chapter 18.36
Chapter 18.10 Residential Zones

2-10 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

Table 2-4
Patrick Henry Residential Zone Development Standards

Development Feature
(minimum unless otherwise
indicated)
PH-R5 UV VR UC HD
Flex Additional Regulations
Open Space Standards City Code Chapter 17.35
Off-Street Parking
Regulations and Design
Standards
Chapter 18.38
Performance Standards Chapter 18.40
Sign Standards Chapter 18.42

Table 2-5
Office and Industrial Uses, HD Flex Zone Allowed Uses and Permit Requirements
Office and Industrial Uses, HD Flex Zone
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

HD-Flex Additional Regulations
Residential Uses
Caretaker housing CUP
Transitional housing facilities -
Human Services Uses
Community care facilities, small -
Community care facilities, large -
Emergency shelters - Section 18.18.040
Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and mausoleums –
Crematories –
Fitness facilities P
Parks and public plazas P
Public schools CUP
Private schools CUP
Public/private colleges and
universities
–
Equipment/machine/vehicle
training facilities
CUP
Vocational/trade schools –
Vehicle Oriented Uses
Mobile Fueling Delivery -
Utility, Transportation, and Communication Uses
Parking facilities CUP
Wireless telecommunications
facilities and towers, co-
location/small cell
P Section 18.18.040(A)
Chapter 18.66
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.10

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-11

Table 2-5
Office and Industrial Uses, HD Flex Zone Allowed Uses and Permit Requirements
Office and Industrial Uses, HD Flex Zone
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

HD-Flex Additional Regulations
Wireless telecommunication
facilities and towers, minor
(less than 70 feet)
MUP Section 18.18.040(A)
Chapter 18.66
Wireless telecommunication
facilities and towers, major (70
feet or higher)
CUP Section 18.18.040(A)
Chapter 18.66
Park and ride facilities P
Broadcasting and recording
studios
-
Fuel storage and distribution
centers
-
Transit stations and terminals P
Utility facilities and
infrastructure CUP

Chapter 18.10 Residential Zones

2-12 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

18.10.040 – Other Applicable Regulations
In addition to the standards specified in Article 3 (Site Planning and General Development Standards) and Article 4 (Standards for Specific Land Uses), the following other regulations shall be applicable in the specified residential zones:

A. General Residential Regulations.

1. Development Standards.
a. Minimum Parcel Size and Frontage. Notwithstanding the provisions of Section 18.10.030 (Residential Zone Development Standards), the following shall apply:
(1) The required area of any parcel, as shown on a parcel or final subdivision map approved before the effective date of this ordinance, that is less than the minimum parcel area required for the zone in which the parcel is located, but is not less than 3,000 square feet, shall be the area shown for the parcel on the approved parcel or subdivision map.
(2) The required frontage of any parcel , a s shown on a parcel or final subdivision map approved before the effective date of this ordinance, that is less than the minimum parcel frontage required for the zone in which the parcel is located, but is not less than 45 feet, shall be the frontage shown for the parcel on the approved parcel or subdivision map.
b. Setback Areas Shall be Kept Open. Except as provided in Subsection a above, or as otherwise expressly and specifically provided in this Zoning Code, every part of every setback area in a residenti al zone shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground, and below the surface of the ground by all structures except those allowable encroachments identified in Table 2- 6 (Residential Zone Setback Encroachments).

2. Common Living Area Requirements. For dwelling units, the minimum percentage of a dwelling devoted to common living area is twenty-five percent (25%).

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.10

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-13

Table 2-6
Residential Zone Setback Encroachments

3. Driveway Approach. Minimum driveway apron length applies only to driveways providing access from a public street to a garage that serves a single dwelling unit or a two-dwelling unit.

4. Citywide Annual Cleanup Curbside Storage Exception. The storing of household items typically used in the interior of a dwelling, including but not limited to ping pong tables, refrigerators, washing machines, sinks, stoves, heaters, boilers, tanks, mattresses, swimming pools, tables, sofas, couches or futons, upholstered chairs, and indoor car pets, but excluding furniture expressly designed for outdoor use, is prohibited. During the City’s Citywide cleanup campaign, this prohibition does not apply during the applicable clean-up period for the subject parcel.

5. Exceptions and Reductions of Parking Requirements. For parking reduction standards in residential zones see Section 18.38.040 (Exceptions and Reductions to Parking Requirements).

6. Parking. Except as expressly allowed in this Chapter, required parking shall not be provided in the required front or side corner setbacks.

7. Parking Surface. Parking areas in the front setback shall be limited to a continuously paved or all-weather surfaces (i.e., concrete, asphalt, brick, pavers, stone, or gravel) , which are directly accessible from the driveway approach. All-weather surfaces do not include landscaping ground cover materials, such as, mulch, wood chips, or bark.

Improvement Setback Area Maximum
Allowed Encroachment
Bay windows, on a foundation or cantilevered,
chimneys, or wells for basement windows or
stairs, of up to 10 feet in length each, not
occupying in the aggregate more than 20% of
the length of the side of the structure on which
they are located
Front, Side Corner,
Side, Rear
2 feet provided a minimum remaining 3-foot
setback
Patio cover for unenclosed patio no more than
12 feet in height attached to a dwelling other
than a secondary dwelling
Rear
In the R1 district, may encroach a distance
of up to of 50% of required setback depth,
provided encroachment covers no more
than 40% of the required setback and
maintains a minimum 5-foot setback from
the interior side parcel line
Sills, eaves, cornices, canopies, and other
similar architectural features eight feet or more
above surface grade
Front, Side Corner 4 feet
Side 2 feet provided a minimum remaining 3-foot
setback
Rear 4 feet provided a minimum remaining 3-foot
setback
Uncovered and unenclosed steps or stairs
providing access to a porch or structure entry
with a finished floor no more than 56 inches
above surface grade
Front
Any encroachment allowed, provided a
minimum remaining setback of 10 feet in
R1-6L, R1-8L; and 2 feet in R2, R3, and R4
Unenclosed porches, whether covered or
uncovered, which have a finished floor no
more than 56 inches above surface grade
Front 6 feet into setback
Utility structures Front, Side Corner,
Side, Rear Allowed in setback area
Chapter 18.10 Residential Zones

2-14 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

8. Pavement Limitation. In the R1-6L, R1-8L, and R2 zones, not more than 65 percent of the required front setback of any parcel be paved with asphalt, cement, pavers, brick, gravel, crushed granite, or any other all-weather surface.

9. Parking and Storage of Commercial Vehicles. The parking or storage of any commercial vehicle is prohibited on any parcel in a residential zone, except while loading, unloading, or providing a commercial service to a resident of that parcel.

10. Wireless Telecommunication Facilities. For height exceptions for Wireless Telecommunications Facilities see Chapter 18.66.

11. Accessory Structures in Single- Family and Duplexes. Accessory structures shall maintain setbacks in accordance with Section 18.60.020 (Accessory Dwelling Units).

B. Specific Residential Regulations.

1. R1-8L Parcels. Parcels shall have two side yards, one having a width of not less than six feet on one side and nine feet on the opposite side. Notwithstanding the above, the side setback on the street side of each corner parcel, exclusive of the front setback, shall not be less than 15 feet in width. A minimum 35 percent of the street side setback shall be permanently maintained as landscaped area.

2. Accessory Structures.
a. Second Story. Second stories are only allowed on accessory structures if the maximum height of the second story wall is four feet in height or less for the second-floor plate. This would equate to a one and on e-half story accessory structure.
b. Design Consistency. Exterior materials and cladding do not need to be consistent with the primary structure.

3. Primary Structures.
a. Basement Wall Height. The basement wall height shall not exceed four feet in height above the finished grade.
b. Reconstruction Standards. In the event of a fire or other natural disaster (i.e., flood, earthquake, etc.) the home is allowed to be constructed to the previous structure footprint and setbacks, as a nonconforming structure (See Article 5 (Nonconformities)). Any changes to the structure foot print and setbacks shall require that the structure comply with current zoning development standards and regulations.

4. Porches and Stairs.
a. Unenclosed porches, whether covered or uncovered, which have a finished floor no more than 56 inches above surface gr ade shall not encroach more than six feet into the front setback.
b. Uncovered and unenclosed steps or stairs providing access to a porch or structure entry with a finished floor no more than 56 inches above surface grade shall maintain a minimum setback of 10 feet for the R1- 6L and R1- 8L zones, and a minimum two-foot setback for R2, R3, and R4 zones.

C. Existing Buildings and Uses.

1. Notwithstanding any other provision in this chapter, the lawful use of buildings existing prior to the adoption of this chapter may continue, and shall continue to be governed by the standards of the prior zoning (including any re- tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty), until Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.10

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-15

such time as (1) the existing building in its entirety is demolished voluntarily (unless for the purposes of implementing maintenance, repair, replacement, expansion or restoration in the event of casualty), and/or (2) the existing use (including any expansions) has been discontinued in its entirety or is replaced with a use not permitted in the prior zoning regulations but permitted or conditionally permitted by this chapter, at which time the prior zoning shall become inapplicable and the other sections of this chapter shall apply from that point forward.

2. Allowed Uses. For parcels with legal uses of buildings existing prior to the adoption of this chapter, permitted uses of the prior zoning district are allowed, and none of the other sections of this chapter shall apply to such building and us e, until such time as the existing use (including any re- tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a) of this section.

3. Conditional Uses. For parcels with legal uses of buildings existing prior to the adoption of this chapter, conditional uses of the prior zoning district are conditionally permitted, and none of the other sections of this chapter shall apply, until such time as the existing use (including any re- tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a) of this section.

4. Development Standards. For parcels with legal uses of buildings existing prior to the adoption of this chapter, development standards of the prior zoning district shall apply, and none of the other sections of this chapter shall apply, until such time as the existing use (including any re- tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a) of this section. (Ord. 2045 § 1, 4-5-22).

Chapter 18.10 Residential Zones

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.12

1 Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-17

Chapter 18.12 – Commercial Zones (C-C, C-N, C-R)
Sections

18.12.010 – Purpose of Commercial Zones

18.12.020 – Commercial Land Uses and Permit Requirements

18.12.030 – Development Standards

18.12.040 – Other Applicable Regulations

18.12.010 – Purpose of Commercial Zones
D. The purpose of the individual commercial uses and the way they are applied are as follows:

The purpose of this Chapter is to describe the character and intent of each of the City’s commercial zones, describe allowed land uses and permit requirements in commercial zones, identify any supplemental land use regulations applicable to commercial zones, and establish development standards for the same. This Chapter does not apply to the Downtown zone, the standards for which are set forth separately in Chapter 18.13.

E. The purpose of the individual commercial uses and the way they are applied are as follows:

1. Commercial-Neighborhood Zone (C -N). The purpose of the C -N Commercial - Neighborhood Zone is to provide land areas for the construction, use, and occupancy of a broad range of neighborhood-serving commercial uses. It is the intent of this zone to encourage the development of neighborhood shopping centers that focus on neighborhood amenities including grocery stores, coffee shops, cafes, local -serving offices, and drug stores. The maximum Floor Area Ratio (FAR) is 0.5. This zone implements the Neighborhood Commercial land use designation in the General Plan.

2. Community-Commercial Zone (C -C). The purpose of the C -C Community - Commercial Zone is to provide land areas for the construction, use, and occupancy of a broad range of community-serving uses. It is the intent of this zone to encourage the development of commercial shopping centers that focus on community amenities including grocery stores, restaurants, banks, professional offices, and vehicle fueling stations. The maximum Floor Area Ratio (FAR) is 0.8 . This zone implements the Community Commercial land use designation in the General Plan.

3. Commercial-Regional Zone (C -R). The purpose of the C -R Commercial -Regional Zone is to provide land areas for the construction, use, and occupancy of a broad range of commercial uses ranging from regional -serving to large-scale commercial centers.

It is the intent of this zone to encourage the development of unique commercial shopping environments that serve as a node of commercial and entertainment activity and attract visitors and shoppers from outside the City. The maximum Floor Area Ratio (FAR) is 1.0. This zone implements the Regional Commercial land use designation in the General Plan.

F. Although the commercial zones are intended for commercial uses, pursuant to state law, certain types of multifamily residential developments may also be authorized, as described in more detail in Section 18.12.040.A.7.

Chapter 18.12 Commercial Zones

2-18 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

18.12.020 – Commercial Land Uses and Permit Requirements A. Table 2-7 Commercial Zone Allowed Uses and Permit Requirements. Table 2-7 indicates the uses allowed within each commercial zone and any permits required to establish the use, in compliance with Article 6 (Permit Processing Procedures) and Article 7 (Zoning Code Administration).

B. Additional Regulations. Where the last column in the Table 2-4 includes a chapter or section number, the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this Zoning Code and City Code may also apply.

C. Definitions. See Article 8 (Definitions) for land use definitions and explanations.

D. Zoning Clearance required. Each land use specified in the following land use table as allowed with a “P” as a use permitted- by-right that involves/contains construction activities (e.g., additions, alterations, constructions, reconstruction, or remodeling) shall require the issuance of a Zoning Clearance in compliance with Chapter 18.128 (Zoning Clearance).

E. Uses not Listed. Uses not listed below may be reviewed by the Director to determine if they are similar to those listed and appropriate in this zone and if so, what type of permit is required, in compliance with Section 18.04.040 (Uses Not Classified).

F. Temporary Uses. For all allowed temporary uses and specific standards see Section

18.60.190 (Temporary Uses) in Article 4.

Table 2-7
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

C-N

C-C C-R Additional Regulations
Residential Uses
Caretaker Housing - P P Section 18.60.060
Dwelling, Multifamily MUP MUP MUP Section 18.10.040(C)
Section 18.12.040(A)(7)
Employee Housing - - -
Home Occupations - - - Section 18.12.040(B)
Section 18.60.120
Live-Work Facilities MUP MUP MUP Section 18.12.040(B)
Section 18.60.130
Single-Room Occupancy (SRO)
Facilities - P P
Supportive Housing - - P
Transitional Housing Facilities - - P
Human Services Uses
Assisted Living Facilities - CUP - Section 18.60.080
Child Day Care Facilities P P P Section 18.60.070
Residential Care Facilities, six or
fewer residents P P P
Residential Care Facilities,
seven or more residents MUP MUP MUP
Community Care Facilities CUP CUP CUP
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.12

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-19

Table 2-7
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

C-N

C-C C-R Additional Regulations
Child Day Care Homes, Up to 14
Children - - -
Low-barrier Navigation Centers P P
Emergency Shelters - P P Section 18.12.040
Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - CUP -
Commercial Recreation
Facilities, Indoor CUP P P
Commercial Recreation
Facilities, Outdoor - P P
Fitness Facilities MUP P P
Libraries P P P
Mortuaries and Funeral Homes - P P
Museums - P P
Parks and Public Plazas P P P
Recreational Vehicle Parks - - CUP
Places of Assembly P P P
Public Schools P P P
Private Schools CUP CUP CUP
Public/Private Colleges and
Universities P P P
Theaters and Auditoriums - P P
Vocational/Trade Schools P P P
Utility, Transportation, and Communication Uses
Broadcasting and Recording
Studios - P P
Parking Structures - CUP CUP
Public Safety Facilities P P P
Wireless Telecommunication
Facilities and Towers, Co-
location/Small Cell
P P P Section 18.12.040(A)
Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Minor
(less than 70 feet)
MUP MUP MUP Section 18.12.040(A)
Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Major (70
feet or higher)
CUP CUP CUP Section 18.12.040(A)
Chapter 18.66
Transit Stations and Terminals - CUP CUP
Utility Facilities and
Infrastructures CUP CUP CUP
Diesel Back-up Generators P P P Section 18.60.260
Photovoltaic Systems P P P
Retail, Service, and Office Uses
Adult Businesses Uses - - CUP Chapter 18.62
Alcoholic Beverage Sales and
Service P P P Section 18.60.040
Chapter 18.12 Commercial Zones

2-20 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

Table 2-7
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

C-N

C-C C-R Additional Regulations
Ambulance Services - CUP CUP
Animal Sales and Grooming
Facilities P P P Section 18.12.040(B)
Banks and Financial
Establishments, General P P P
Banks and Financial
Establishments, Stand-alone
ATM
P P P
Bars CUP CUP CUP
Bed and Breakfast Inns CUP - - Chapter 18.60.050
Building Material Stores and
Yards - P P
Business Support Centers P P P
Drive-in/Drive-through
Establishments CUP CUP CUP Section 18.60.100
Equipment Sales and Rentals - P P
Garden Centers/Plant Nurseries - P P
Hotels and Motels CUP CUP CUP
Kennels - CUP CUP Section 18.12.040(A)
Live Entertainment, Incidental P P P
Live Entertainment, Standalone
Uses MUP/CUP MUP/CUP MUP/CUP Section 18.12.040(A)
Maintenance and Repair
Services - P P
Medical Services P P P
Mobile Food Vendors MUP MUP CUP
Nightclubs CUP CUP CUP
Offices P P P
Outdoor Displays and Sales MUP CUP CUP Section 18.60.150 Outdoor Dining and Seating MUP MUP MUP Section 18.60.140 Personal Services P P P
Personal Services, Restricted - MUP MUP Section 18.60.170 Restaurants P P P
Retail Establishments
General, Small Format P P P
General, Medium Format - MUP MUP
General, Large Format - CUP CUP
Smoking Lounges - MUP CUP Chapter 8.37
Veterinary Facilities - MUP P Section 18.12.040(A)
Vehicle Oriented Uses
Car Wash and Detailing
Facilities, Full-Service - CUP MUP
Car Wash and Detailing
Facilities, Self-Service - MUP P
Mobile Fueling Delivery P P P
Vehicle Service Stations - MUP CUP Section 18.60.220
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.12

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-21

Table 2-7
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

C-N

C-C C-R Additional Regulations
Vehicle Rental Facilities, General - CUP MUP
Vehicle Rental Facilities, Limited - P P
Vehicle Rental Facilities, Office
Only P P P
Vehicle Sales Facilities, General - - CUP Section 18.60.210 Vehicle Sales Facilities,
Wholesale
- CUP CUP Section 18.60.210
Vehicle Repair Facilities, Minor - - P Section 18.12.040(A) Section 18.60.200
Vehicle Repair Facilities, Major - CUP CUP Section 18.12.040(A) Section 18.60.200
Vehicle Parts Sales - P P
Industrial, Manufacturing, and Processing Uses
Personal Storage Facilities - - CUP
Printing and Publishing Facilities - P P
Wineries, Distilleries, Breweries,
and Micro-Breweries - MUP MUP

18.12.030 – Commercial Development Standards
A. Table 2-8 Commercial Zone Development Standards. The intent of the commercial zone development standards table establishes the basic site and structure regulations that apply to all developments in each of the commercial zones. The table also indicates where addit ional site and structure requirements, including, but not limited to, off -street parking, landscaping, signage, fences and obstructions, and performance standards, apply to residential zones.

B. Zoning Map. The Boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled “Zoning Map for City of Santa Clara” and referred to in this Zoning Code.

Chapter 18.12 Commercial Zones

2-22 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

Table 2-8
Commercial Zone Development Standards

Development Feature
(minimum unless otherwise
indicated)
C-N C-C C-R Additional
Regulations
Parcel Area (minimum) area required for each NEWLY CREATED parcel.

Parcel Area 7,000 sq. ft 15,000 sq. ft. 1 acre
Street Frontage (feet) 70 80 100
Setbacks (minimum) -Property lines are measured in feet, with those adjacent to the street measured from the face of the curb, adopted plan line, or edge of right-of-way.

Front 10 10 15 Section 18.12.040(A)
Section 18.30.050
Side, Corner 10 10 15 Section 18.12.040(A)
Section 18.30.050

Side, Interior (adjacent
to R1 and R2 zones) 10 10 10 Section 18.12.040(A)
Section 18.30.050

Side, Interior (adjacent
to all other zones) 0 0 0 Section 18.12.040(A)
Section 18.30.050

Rear, Single-Story
(adjacent to R1 and R2
zones)
10 10 10 Section 18.12.040(A)
Section 18.30.050

Rear, Multi-Story
(adjacent to R1 and R2
zones)
15 20 20 Section 18.12.040(A)
Section 18.30.050

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.12

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-23

Table 2-8
Commercial Zone Development Standards

Development Feature
(minimum unless otherwise
indicated)
C-N C-C C-R Additional
Regulations

Rear (adjacent to all
other zones) 10 10 10 Section 18.12.040(A)
Section 18.30.050
Height (maximum) measured in feet

Height and the Daylight
Plane
All structures adjacent to R1 and R2 zones
shall include a 45-degree daylight plan off
the property line to implement a compatible
transition between structures.

Height 32 50 80 Section 18.30.040
Maximum Number of Stories 3 4 5
Maximum Floor Area Ratio
(FAR) 0.5 0.8 1.0
Additional Regulations
Residential Accessory
Structures Chapter 18.32
Basements Section 18.30.070
Density Bonus and
Affordable Housing Chapter 18.64
Fences, Walls, Hedges, and
Screens Chapter 18.34
Landscaping Standards Chapter 18.36

Chapter 18.12 Commercial Zones

2-24 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

Table 2-8
Commercial Zone Development Standards

Development Feature
(minimum unless otherwise
indicated)
C-N C-C C-R Additional
Regulations
Open Space Standards City Code Chapter 17.35
Off-Street Parking
Regulations and Design
Standards
Chapter 18.38

Performance Standards Chapter 18.40
Sign Standards Chapter 18.42
Solid Waste Enclosures Section18.30.060

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.12

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-25

18.12.040 – Other Applicable Regulations
In addition to the standards specified in Article 3 (Site Planning and General Development Standards) and Article 4 (Standards for Specific Land Uses), the following regulations shall be applicable in the specific commercial zones:

A. General Commercial Regulations.

1. Development Standards.
a. Minimum Parcel Size and Frontage. Notwithstanding the provisions of Section 18.12.030 ( Commercial Development Standards), the following shall apply:
(1) For any parcel whose area, as shown on a parcel or final subdivision map approved before the effective date of this ordinance that is less than the minimum parcel area required for the zone in which the parcel is located, but is not less than 3,000 square feet, the required parcel area shall be the area shown for the parcel on the approved parcel or subdivision map. (2) For any parcel whose frontage, as shown on a parcel or final subdivision map approved before the effective date of this ordinance that is less than the minimum parcel frontage required for the zone in which the site is located, but is not less than 45 feet , the required frontage shall be the frontage shown for the parcel on the approved parcel or subdivision map.

Table 2-9
Commercial Zone Setback Encroachments

2. Transition Standards.
a. Maximum Height Adjacent to Residential. Building Height Limits Abutting Residential Zoning Districts, 45- degree Daylight Plane height transitions are required for any new development adjacent to single family and duplex residential zoning districts, measured from the property line.

Improvement Setback Area Maximum Allowed
Encroachment
Attached signs 8 feet or more above
surface grade Front, Side Corner 5 feet into setback
Bay windows, on a foundation or
cantilevered, chimneys, or wells for
basement windows or stairs, occupying
in the aggregate not more than 20% of
the length of the side of the building on
which they are located
Front, Side Corner, Side,
Rear
2 feet provided a
minimum remaining 3-
foot setback
Movable tables, chairs, umbrellas,
outdoor heaters, and retail displays Front, Side Corner Allowed in setback area Movable partitions or planters to define
an outdoor seating area subject to
architectural review
Front, Side Corner Allowed in setback area
Sills, eaves, cornices, canopies, and
other similar architectural features 8
feet or more above surface grade
Front, Side Corner 5 feet into setback
Utility structures Front, Side Corner, Side,
Rear Allowed in setback area
Chapter 18.12 Commercial Zones

2-26 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

b. Maximum Height Across the Street from Residential. The following applies to portions of a development directly opposite a residentially zoned property where the street is less than 65 feet wide.
(1) Wall plates and heights shall be no taller than one story above the maximum height allowed in the opposing residential zone. (2) Uses shall be located entirely within structures occupied by the primary use. Building heights shall step up away from the street following a 45-degree Daylight Plane measured from the top of the building facade/wall plate.

3. Hotel and Motel Uses. Hotel and motel uses are allowed in all commercial zones north of the Caltrain Corridor, at a maximum FAR of 2.0, provided that the property is annexed to a Community Facilities Assessment District, or similar district, and that the use is compatible with planned uses on neighboring properties.

4. Vehicle Parking. Vehicle parking shall not be allowed in any front setback.

5. Live Entertainment, Standalone Use. Live Entertainment that meets the following separation and operation requirements requires the approval of a Minor Use Permit by the Review Authority. All other Live Entertainment venues that do not meet the following separation and operation requirements and/or are located outdoors shall require the approval of a Conditional Use Permit by the Commission. a. Shall be located a minimum of 150 feet from all residential. b. Shall be conducted within an enclosed structure.
c. Shall be restricted to hours of operations between 11:00 AM to 12:00 AM (Midnight).

6. Wireless Telecommuni cation Facilities. For height exceptions for Wireless Telecommunications Facilities see Chapter 18.66.

7. Multi-Family Residential Development in Commercial Zones. Multi-family residential construction may be authorized in commercial zones for developments meeting the following requirements:
a. Senate Bill 6 (2022) (SB 6): Multifamily developments meeting the requirements of Government Code Section 65852.24, as may be amended, are permitted in the commercial zones, subject to the following. (1) The project complies with prevailing wage labor requirements pursuant to Government Code § 65852.24.
(2) Project sites shall be 20 acres or less in size.
(3) The project site shall not be located on or adjacent to a site where more than 1/3 of the square footage on the site is dedicated to a classified industrial use per the City Code.
(4) Applicable multi -family residential developments shall consist of only housing/residential or may be comprise of a mixed- use project where at least 50 percent of the floor area is dedicated to residential uses. (5) The density of the multi -family residential project shall be at least 30 dwelling units per acre.
b. Assembly Bill 2011 (2022) (AB 2011): Multifamily developments meeting the requirements of Government Code Section 65912.100 et seq. , as may be amended, are permitted in the commercial zones, subject to the following. (1) Proposed projects shall comprise five or more units for sale and/or rent.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.12

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-27

(2) At least 75 percent of the project site shall adjoin parcels developed wi th urban uses as defined in AB 2011.
(3) The project site shall not be located on or adjacent to a site where more than 1/3 of the square footage on the site is dedicated to a classified industrial use per the City Code.
(4) Applicable vacant sites shall not contain tribal cultural resources and shall not be located within a designated very-high fire hazard severity zone. (5) Development per AB 2011 is prohibited on sites governed by mobile home/recreational vehicle laws or by the Special Occupancy Parks Act. (6) For project sites located within a neighborhood plan, specific plan, area plan, urban village, precise plan, or master plan adopted by January 1, 2024, the designated plan shall allow multi-family residential development. (7) Projects shall not be located within 500 feet of a designated freeway or highway.
(8) Projects shall not be located within 3,200 feet of an active oil or gas refinery.
(9) All other site /development requirements as prescribed by AB 2011 are required prior to project approval.
(10) The density of the multi-family residential project shall be at least 30 dwelling units per acre.
(11) The Project shall meet all development standards of the residential zone corresponding to the residential density of the Project. If more than one residential zoning designation allows for housing with the Project density, the applicable development standards shall be the standards that apply to the closest parcel that allows residential use at the Project density.

Chapter 18.14 Mixed Use Zones

1 Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-28

Chapter 18.14 – Mixed Use Zones (MU -NC, MU-C C, MU -RC, MU -MD,

MU-VHD)
Sections

18.14.010 – Purpose of Mixed Use Zones

18.14.020 – Mixed-Use Land Uses and Permit Requirements

18.14.030 – Development Standards

18.14.040 – Other Applicable Regulations

18.14.050 – Pedestrian Zone Setback Regulations

18.14.010 – Purpose of Mixed Use Zones
A. The purpose of this Chapter is to describe the character and intent of the City’s mixed- use zones, describe allowed land uses and permit requirements in mixed- use zones, identify any supplemental land use regulations applicable to mixed-use zones, and establish development standards for the same.

B. The purpose of the individual mixed-use uses and the way they are applied are as follows:

1. Mixed Use – Neighborhood Commercial (MU -NC). The purpose of the MU -NC Mixed Use Neighborhood Commercial Zone is to provide land areas for the construction, use, and occupancy for pedestrian oriented developments that focus on neighborhood-serving commercial uses (e.g., coffee shops, grocery stores, retail establishments). It is the intent of this zone to provide a mix of residential and commercial uses, with residential on the upper floors and commercial on the lower floors, as well as, stand-alone uses in certain circumstances. This zone has a minimum FAR of 0.1. The allowable residential density range is 20-36 dwelling units per acre.

2. Mixed Use – Community Commercial (MU-CC). The purpose of the MU -CC Mixed Use Community Commercial Zone is to provide land areas for the construction, use, and occupancy for pedestrian- oriented developments that focus on community - serving commercial uses (e.g., grocery stores, banks, pharmacies, restaurants, retail establishments). It is the intent of this zone to provide a mix of residential and commercial uses, with residential on the upper floors and commercial and office on the lower floors, as well as, stand-alone uses in certain circumstances. This zone does not have a minimum FAR. The allowable residential density range is 2 0-36 dwelling units per acre.

3. Mixed Use – Regional Commercial (MU-RC). The purpose of the MU-RC Mixed Use Regional Commercial Zone is to provide land areas for the construction, use, and occupancy for pedestrian- oriented developments that focus on regional -serving commercial uses (e.g., big box stores, entertainment establishments, restaurants, retail establishments). It is the intent of this zone to be located on high-traffic corridors and to provide a mix of residential and commercial uses, with residential on the upper floors and commercial and office on the lower floors. This zone has a minimum FAR of

0.2. The allowable residential density range is 37-50 dwelling units per acre.

4. 4. Mixed Use – Very High Density (MU-VHD). The purpose of the MU-VHD Mixed Use Very High Density Zone is to provide for transit - and pedestrian-oriented mixed- use development comprising very high density housing in conjunction with local and Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.14

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-29

regional serving commercial uses that link with existing and planned transit facilities to support and maximize transit use. This zone is intended to encourage high quality integrated development cons isting of residential and commercial uses in a horizontal and or vertical arrangement to maximize open space of active and passive use and provide opportunities for place making. The allowable residential density range is 51- 120 dwelling units per acre.

18.14.020 – Mixed Use Land Uses and Permit Requirements A. Table 2-10 Mixed-Use Zone Allowed Uses and Permit Requirements. Table 2-10 indicates the uses allowed within each mixed-use zone and any permits required to establish the use, in compliance with Article 6 (Permi t Processing Procedures) and Article 7 (Zoning Ordinance Administration).

B. Additional Regulations. Where the last column in the Table 2-8 includes a chapter or section number, the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this Zoning Code and City Code may also apply.

C. Definitions. See Article 8 (Definitions) for land use definitions and explanations.

D. Zoning Clearance required. Each land use specified in the following land use table as allowed with a “P” as a use permitted- by-right that involves/contains construction activities (e.g., additions, alterations, constructions, reconstruction, or remodeling) shall require the issuance of a Zoning Clearance in compliance with Chapter 18.128 (Zoning Clearance).

E. Uses not Listed. Uses not listed below may be reviewed by the Director to determine if they are similar to those listed and appropriate in this zone and if so, what type of permit is required, in compliance with Section 18.04.040 (Uses Not Classified).

F. Temporary Uses. For all allowed temporary uses and specific standards see Section

18.60.190 (Temporary Uses) in Article 4.

Table 2-10
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

MU-NC

MU-CC MU-RC MU-VHD Additional Regulations
Residential Uses
Caretaker Housing CUP - - P Section 18.60.060
Dwelling, Multifamily P P P P Section 18.10.040(C)
Section 18.14.040(S)
Employee Housing P - - -
Home Occupations P P P P Section 18.14.040
Section 18.60.120
Live-Work P P P P Section 18.14.040
Section 18.60.130
Single-Room
Occupancy (SRO)
Facilities

- P P -

Supportive Housing P P P P
Chapter 18.14 Mixed Use Zones

2-30 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

Table 2-10
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

MU-NC

MU-CC MU-RC MU-VHD Additional Regulations
Transitional Housing - - - P
Human Services Uses
Assisted Living
Facilities - CUP - CUP Section 18.60.080
Child Day Care
Facilities P P P P Section 18.60.070
Community Care
Facilities CUP CUP - CUP
Residential Care
Facilities, six or fewer
residents

P P - P
Residential Care
Facilities, seven or
more residents

MUP MUP - MUP
Day Care Homes, Up
to 14 Children P P P -
Low Barrier Navigation
Centers P P P P
Emergency Shelters - - - P Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and
Mausoleums - - - CUP
Community Gardens MUP MUP MUP -
Commercial
Recreation Facilities,
Indoor

MUP P P CUP
Commercial
Recreation Facilities,
Indoor
- - - P
Fitness Facilities P P P P
Libraries P P - P
Museums P P P P
Parks and Public
Plazas P P P P
Places of Assembly MUP CUP CUP P
Public Schools P P P P
Private Schools CUP CUP CUP CUP
Public/Private Colleges
and Universities P P P P
Theaters and
Auditoriums P P P P
Vocational/Trade
Schools - P P P
Utility, Transportation, and Communication Uses
Broadcasting and
Recording Studios - - - P
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.14

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-31

Table 2-10
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

MU-NC

MU-CC MU-RC MU-VHD Additional Regulations
Park and Ride
Facilities P P P -
Parking Structures MUP MUP MUP P Section 18.14.040
Public Safety Facilities P P P P
Wireless
Telecommunications
Facilities and Towers,
Co-location/Small Cell
P P P P Section 18.14.040
Chapter 18.66
Wireless
Telecommunication
Facilities and Towers,
Minor (less than 70
feet)
MUP MUP MUP MUP Section 18.14.040
Chapter 18.66
Wireless
Telecommunication
Facilities and Towers,
Major (70 feet or
higher)
- CUP CUP CUP Section 18.14.040
Chapter 18.66
Transit Stations and
Terminals P P P CUP
Utility Facilities and
Infrastructure CUP CUP CUP CUP Section 18.14.040
Photovoltaic Systems P P P P
Retail, Service, and Office Uses
Alcoholic Beverage
Sales and Service P P P P Section 18.60.040
Ambulance Services CUP CUP - CUP
Animal Sales and
Grooming Facilities P P P P Section 18.14.040
Banks and Financial
Establishments,
General

P P P P
Banks and Financial
Establishments, Stand-
alone ATM

P P P P
Bars CUP CUP CUP CUP
Bed and Breakfast Inns - - - CUP
Business Support
Centers P P MUP P
Drive-in/Drive-through
Establishments CUP - - CUP Section 18.60.100
Equipment Sales and
Rentals - - - P
Garden Centers/Plant
Nurseries - - - P
Hotels and Motels P P P CUP Section 18.14.040
Kennels MUP MUP - - Section 18.14.040
Chapter 18.14 Mixed Use Zones

2-32 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

Table 2-10
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

MU-NC

MU-CC MU-RC MU-VHD Additional Regulations
Live Entertainment,
Incidental P P P P
Live Entertainment,
Standalone MUP/CUP MUP/CUP MUP/CUP MUP/CUP Section 18.14.040 Maintenance and
Repair Services P P P P
Nightclubs CUP - CUP CUP
Offices P P P P
Outdoor Dining and
Seating MUP MUP MUP MUP Section 18.60.140
Outdoor Displays and
Sales CUP CUP CUP CUP Section 18.60.150
Personal Services P P P P
Personal Services,
Restricted MUP MUP MUP MUP Section 18.60.170
Restaurants P P P P
Retail Establishments:

General, Small
Format P P P P
General, Medium
Format P MUP P MUP
General, Large
Format CUP - CUP CUP
Veterinary Facilities P P P MUP Section 18.14.040
Vehicle Oriented Uses
Vehicle Service
Stations - CUP CUP -
Vehicle Rental
Facilities, Limited MUP - - -
Vehicle Rental
Facilities, Office Only P - - -
Vehicle Repair
Facilities, Minor MUP - - - Section 18.14.040
Section 18.60.200
Industrial, Manufacturing, and Processing Uses
Printing and Publishing
Facilities P P P P
Wineries, Distilleries,
Breweries, and Micro-
Breweries

MUP MUP MUP MUP

18.14.030 – Mixed Use Development Standards
A. Table 2- 11 Mixed-Use Zone Development Standards. The intent of the mixed -use zone development standards table is to clearly and precisely establish the basic site and structure regulations that apply to all developments in each of the mixed-use zones. The table also indicates where additional site and structure requirements, inclu ding, but not limited to, off - Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.14

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-33

street parking, landscaping, signage, fences and obstructions, and performance standards, apply to mixed-use zones.

B. Density. Maximum density standards shall be consistent with the General Plan or applicable Master Plan, Specific Plan, or Area Plan.

C. Zoning Map. The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled "Zoning Map for City of Santa Clara " and referred to in this Zoning Code as the Zoning Map. Any additional maps adopted shall also be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map, is hereby adopted in compliance with current State planning, zoning, and development laws.

Changes in the boundaries of any identified zones shall be made by ordinance in compliance with Chapter 18.142 (Amendments).

Table 2-11
Mixed-Use Zone Development Standards

Development
Feature
(minimum unless
otherwise indicated)
MU-NC MU-CC MU-RC MU_VHD Additional Regulations
Parcel Area - area required for each NEWLY CREATED parcel.

Parcel Area (min) None None None None

Street
Frontage (feet) None None 100 None
Density (where residential is proposed)
Minimum Density
(units/acre) 19 20 37 50
Maximum Density
(units/acre) 36 36 50 120
Setbacks -Setback lines are measured in feet, from the back of walk.

Chapter 18.14 Mixed Use Zones

2-34 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

Table 2-11
Mixed-Use Zone Development Standards

Development
Feature
(minimum unless
otherwise indicated)
MU-NC MU-CC MU-RC MU_VHD Additional Regulations

Front setback
(min/max) 0 0* or 5
10 0* or 5
10 None
Section 18.14.040(A)
Section 18.30.050
*Can be reduced to 0 feet if the total area is
less than 20 feet

Front setback
for other
ground floor
uses (min/max)
0 10/15 10/15 None
Side, Corner 0 0 0 None Section 18.14.040(J)
Section 18.30.050

Side, Interior
(adjacent to R1
and R2 zones)
10 10 10 None Section 18.14.040(J)
Section 18.30.050

Side, Interior
(adjacent to all
other zones)
None None None None Section 18.14.040(J)
Section 18.30.050

Rear, Single-
Story (adjacent
to R1 and R2
zones)
10 10 10 None Section 18.30.050

Rear (adjacent
to all other
zones)
10 10 10 None

Rear, Multi-
Story (adjacent
to R1 and R2
zones)
15 15 15 None
Height (maximum) measured in feet

Height (within
20 feet of the
R1 and R2
zones)
32 32 32
None,
limited by
FAA
restrictions
Section 18.30.040

Height (all
other zones) 32 40 60 None,
limited by Section 18.30.040

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.14

Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 2-35

Table 2-11
Mixed-Use Zone Development Standards

Development
Feature
(minimum unless
otherwise indicated)
MU-NC MU-CC MU-RC MU_VHD Additional Regulations
FAA
restrictions
Maximum Number of
Stories 3 4 6
None,
limited by
FAA
restrictions

Commercial Floor Area Ratio (FAR)
Minimum Floor Area
Ratio (FAR) None None 0.2 None Section 18.14.040
Additional Regulations
Residential Accessory
Structures Chapter 18.32
Basements Section 18.30.070
Density Bonus and
Affordable Housing Chapter 18.64
Fences, Walls, Hedges,
and Screens Chapter 18.34
Landscaping
Standards Chapter 18.36
Multi-Story Step-backs Section 18.14.040(A)
Open Space Standards City Code Chapter 17.35
Off-Street Parking
Regulations and
Design Standards
Chapter 18.38
Performance
Standards Chapter 18.40
Sign Standards Chapter 18.42
Solid Waste
Enclosures Section 18.30.060

Chapter 18.14 Mixed Use Zones

2-36 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

18.14.040 – Other Applicable Regulations
In addition to the standards specified in Article 3 (Regulations Applicable to All Zones) and Article 4 (Standards for Specific Land Uses), the following other applicable mixed-use regulations shall be applicable in the specific mixed-use zones:

A. Balconies.

1. Allowability. Balconies are only allowed on mixed- use structures greater than three stories in height on the front and rear elevations.

2. Step-back Encroachment. Balconies are only allowed to encroach up to 50 percent into the required step-back area.

B. Encroachments. The front setback shall be kept open, unobstructed, and unoccupied except by those allowable encroachments identified in Table 2- 12 (Mixed-Use Zone Setback Encroachments).

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Table 2-12
Mixed-Use Zone Setback Encroachments

Improvement Maximum Allowed
Encroachment
Sills, eaves, cornices, canopies, and other similar architectural features 8 feet or more above surface grade Allowed in setback area Movable tables, chairs, umbrellas, outdoor heaters in compliance with Section 18.60.240 (Outdoor Dining) and Section 18.60.260 (Outdoor Seating)
Allowed in setback area
Movable partitions or planters to define an outdoor seating area Allowed in setback area Front stoop or porch in compliance with Subsection 18.14.040(K) Allowed in setback area Bicycle racks Allowed in setback area
Trees and tree wells Allowed in setback area
Planters and planting beds extending not more than 18 inches into the setback area and not more than 18 inches in height above grade Allowed in setback area Bay windows, on a foundation or cantilevered, chimneys, or wells for basement windows or stairs, occupying in the aggregate not more than 20 percent of the length of the side of the structure on which they are located.
2 feet into setback area
Utility structures Allowed in setback area

C. Live-Work Facilities. Permitted except along for properties fronting El Camino Real street frontage in the MU -RC Zone and shall not count towards commercial FAR requirements but shall count toward residential density.

D. Mixed Use Development Types. All mixed-use zoned parcels are allowed either vertical or horizontal mixed- use development types unless otherwise prohibited in a Specific Plan or Master Plan. See Figure 2-1 (Vertical Mixed-Use) and Figure 2-2 (Horizontal Mixed-Use).

E. Common Living Area Requirements. For all dwelling units, the minimum percentage of a dwelling devoted to common living area is twenty-five percent (25%).

Chapter 18.14 Mixed Use Zones

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Figure 2-1
Vertical Mixed-Use

Figure 2-2
Horizonal Mixed-Use

F. Multi-Story Step-backs. A minimum step-back of six feet is required for all structures greater than three stories on all elevations of the structure on no less than 60 percent of the first story structure wall length.

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G. Transition Standards.

1. Maximum Height Adjacent to Residential. Building Height Limits Abutting Residential Zoning Districts, 45-degree Daylight Plane height transitions are required for any new development adjacent to single family and duplex residential zoning districts, measured from the property line.

2. Maximum Heig ht Across the Street from Residential . The following applies to portions of a development directly opposite a residentially zoned property where the street is less than 65 feet wide.
a. Wall plates and heights shall be no taller than one story above the maximum height allowed in the opposing residential zone.
b. Uses shall be located entirely within structures occupied by the primary use.

Building heights shall step up away from the street following a 45- degree Daylight Plane measured from the top of the building facade/wall plate.

3. Massing and Design . New development abutting or across from residential zoned properties shall incorporate massing and design treatments to reduce their impacts on adjacent homes. Design treatments include height and/or bulk step downs and other architectural measures such as matching the form or roof style of adjacent properties.

H. Outdoor Retail Displays. All Outdoor Retail Displays shall be consistent with the development standards in Section 18.60.250 (Outdoor Displays and Sales).

I. Placement of Parking Structures. In additi on to the Off -Street Parking Regulations and Design Standards in Chapter 18.38, parking garages in mixed- use zones shall not be located on the ground floor of a structure unless the structure space designed for residential, commercial, or other nonresidential uses is located between the parking garage and the street.

This requirement shall not prevent a parking garage entrance at the ground floor of a structure.

J. Side Setbacks Exceptions. Parcels zoned Mixed- Use Community Commercial and Mixed- Use Regional Commercial are allowed a side setback of zero feet by the approval of the Review Authority.

K. Live Entertainment, Standalone Use. Live Entertainment that meets the following separation and operation requirements requires the approval of a Minor Use Permit by t he Review Authority. All other Live Entertainment venues that do not meet the following separation and operation requirements and/or are located outdoors shall require the approval of a Conditional Use Permit by the Commission.

1. Shall be located a minimum of 150 feet from all residential.

2. Shall be conducted within an enclosed structure.

3. Shall be restricted to hours of operations between 11:00 AM to 12:00 AM (Midnight).

L. Wireless Telecommunication Facilities. For height exceptions for Wireless Telecommunications Facilities see Chapter 18.66.

M. Utilities, Facilities, and Infrastructure. A CUP is required for private utility facilities and infrastructure. Public utilities and infrastructure are permitted uses.

N. Additional Regional Commercial Mixed Use. The following additional requirements shall be applied to all parcels zone MU-RC:

1. 75 percent of the structure façade shall be located within the minimum and maximum setback lines.

2. Setbacks in Open Space. Setback areas are not considered useable open space unless they are at least 20 feet wide. Up to 50 percent of the required private open space may be provided as common private outdoor areas.

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3. Publicly Accessible Open Space. All MU-RC properties shall include ground fl oor publicly accessible open space. New public open space should have a minimum 30- foot dimension in at least one direction and a minimum total area of 3,000 square feet.

O. Additional Very High-Density Mixed-Use Standards. The following additional requirements shall apply:

1. Conditional Uses. Any use identified as a use requiring a Conditional Use Permit shall be subject to the following regulations:
a. Such uses are conditionally permitted only on the ground floor of multi- family dwelling structures.
b. Such uses are conditionally permitted in structures intended solely for retail use, provided that the development of the retail structure would not make it infeasible to achieve the minimum residential density specified in this Article over all contiguous parcels within the VHDMU zone.
c. On the ground floor of multi -family dwelling structures, live-work facilities that meet the glazing and entry door requirements performance standards, but that do not meet one or more of the following minimum performance standards:
(1) A minimum first floor to ceiling height of 12 feet; (2) A minimum front room depth of 35 feet; or
(3) Live-Work facility units occupy a maximum of 25 percent of an individual structure’s ground floor retail frontage.
d. Stand-alone parking garage.
e. Live entertainment as a primary use.
f. Cocktail lounges, bars, taverns not associated with a restaurant or hotel/motel use.

2. Hotels and Motels. Full-service hotels and motels may include restaurants, bars and lounges, massage and spa services, administrative offices, and meeting and banquet rooms.

3. Lighting and Security.
a. Open parking areas and common open space areas shall include lighting which provides a minimum illumination of one- foot candle. Lighting fixtures shall be weather and vandal resistant. Lighting shall reflect downward and away from residential areas and public streets.
b. All main entrance doors to individual dwelling units shall be equipped with 180- degree door viewers. Each main entrance door shall be equipped with a deadbolt lock with a cylinder guard, a minimum of one-inch bolt projection and a maximum-security strike plate.
c. All sliding glass doors and ground floor windows shall be equipped with auxiliary locks, as approved by the Chief of Police.

4. Live Entertainment. All live entertainment shall be incidental to the primary permitted commercial use unless authorized pursuant to Section 18.14.040.P.1.e.

5. Live-Work Facilities. Ground live- work facilities units are subject to the following requirements:
a. A minimum first floor to ceiling height of 12 feet;
b. A minimum front room depth of 35 feet;
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c. A minimum of 65 percent glazing along the front elevation; d. Double entry doors with a minimum of 80 percent transparent glass surface area; and
e. Live-work facility units shall occupy a maximum of 25 percent of an individual structure’s ground floor retail frontage.

6. Mortuaries. Mortuaries and similar facilities as determined by the Review Authority are prohibited.

7. Parking Requirements.
a. Minimum Parking Requirements.
(1) The minimum parking requirements for all commercial uses, including restaurants, is three parking spaces per 1,000 square feet of structure area. (2) Hotel rooms: 0.75 space per lodging unit.
(3) Studio and one-bedroom residential units: One parking space per unit. (4) Residential units with two or more bedrooms: One and half parking spaces per unit.
b. Shared Parking. Parking shared among uses is encouraged, and a maximum of 20 percent of the parking spaces provided may be shared between two uses. For the purposes of this Article, those parking spaces shared between two uses count towards the parking requirements of both.

8. Parking Structures. Parking structures are allowed in the MU-VHD only as accessory to the primary uses of the site unless authorized pursuant to Section 18.14.040.P.1.d.

9. Outdoor Dining, Seating, and Walk-up Facilities. All outdoor-oriented facilities and designated areas shall be incidental to the primary retail or restaurant use.

10. Restaurants. Restaurants are permitted to include on -premise sales and serv ice of beer, wine, and/or distilled spirits.

11. Trash Disposal. Each property shall provide accessible trash disposal areas. If not placed within a garage or other structure, each disposal area shall be screened from public view. Such enclosures shall provide area of sufficient size to accommodate trash and recycling bins for residential and commercial uses on-site. Trash compactors shall be located within an enclosed building.

12. Vehicle-Oriented Uses. All vehicle-oriented uses are prohibited.

Chapter 18.14 Mixed Use Zones

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Chapter 18.16 Office and Industrial Zones

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Chapter 18.16 – Office and Industrial Zones (LO-RD, HO-RD, LI, HI) Sections

18.16.010 – Purpose of Office and Industrial Zones

18.16.020 – Office and Industrial Land Uses and Permit Requirements

18.16.030 – Development Standards

18.16.040 – Other Applicable Regulations

18.16.010 – Purpose of Office and Industrial Zones
A. The purpose of this Chapter is to describe the character and intent of the City’s office and industrial zones, identify any supplemental land use regulations applicable to office and industrial zones, describe allowed land uses and permit requirements in office and industrial zones, and establish development standards for the same.

B. The purpose of the individual office and industrial uses and the way they are applied are as follows:

1. Low-Intensity Office/Research and Development (LO-RD). The purpose of the RD- OL Office/Research and Development – Low Intensity Zone is to provide areas for the construction, use, and occupancy of office/research and development uses, data centers, limited manufacturing, and employee- serving retail. The intent of this zone is to encourage the development of a richly landscaped campus park like industrial setting. The maximum FAR is 1.00. This zone implements the Low -Intensity Office/Research and Development land use designation in the General Plan.

2. High-Intensity Office/Research and Development (HO -RD). The purpose of the HO-RD High-Intensity Office/Research and Development Zone is to provide areas for the construction, use, and occupancy of office/research and development uses, ancillary data centers, limited manufacturing, and other Minor Industrial Uses, and employee-serving retail. The intent of this zone is to encourage the development of compact and urbanized developments that include a mix of mid- to high-rise structures in a richly landscaped campus park like industrial setting. The maximum FAR is 2.00.

This zone implements the High- Intensity Office/Research and Development land use designation in the General Plan.

3. Light Industrial Zone (LI). The purpose of the LI Light Industrial Zone is to provide areas for the construction, use, and occupancy of a broad range of industrial uses including manufacturing, warehousing (including data centers), and wholesale establishments, as well as ancillary office uses and employee- serving commercial uses. Due to the potential presence of noxious and hazardous materials associated with industrial processes, nonindustrial uses that attract sensitive receptors are strictly limited. The maximum FAR is 0.60. This zone implements the Light Industrial land use designation in the General Plan.

4. Heavy Industrial Zone (HI). The purpose of the HI Heavy Industrial Zone is to provide areas for the construction, use, and occupancy of a broad range of heavy industrial uses, including heavy manufacturing and other facilities that use and store noxious and hazardous materials, as well as ancillary office uses and employee-serving retail. Due to the presence of noxious and hazardous materials, nonindustrial uses that attract Chapter 18.16 Office and Industrial Zones

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sensitive receptors are strictly limited. The maximum FAR is 0.45. This zone implements the Heavy Industrial land use designation in the General Plan.

18.16.020 – Office and Industrial Land Uses and Permit Requirements A. Table 2-12 Office and Industrial Zone Allowed Uses and Permit Requirements. Table 2- 13 indicates the Principal Uses allowed within each office and industrial zone and any permits required to establish the use, in compliance with Article 6 (Permit Processing Procedures) and Article 7 (Zoning Ordinance Administration). Accessory Uses are allowed when customarily associated with and subordinate and incidental to the primary use, subject to Section 18.60.030 (Accessory Uses) in Chapter 18.60 (Standards for Specific Uses).

B. Accessory Uses are allowed when customarily associated with and subordinate and incidental to the primary use, subject to Section 18.60.030 (Accessory Uses) in Chapter 18.60 (Standards for Specific Uses).

C. Additional Regulations. Where the last column i n Table 2-12 includes a chapter or section number, the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this Zoning Code may also apply.

D. Definitions. See Article 8 (Definitions) for land use definitions and explanations.

E. Zoning Clearance required. Each land use specified in the following land use table as allowed with a “P” as a use permitted- by-right that involves/contains construction activities (e.g., additions, alterations, constructions, reconstruction, or remodeling) shall require the issuance of a Zoning Clearance in compliance with Chapter 18.128 (Zoning Clearance).

F. Uses not Listed. Uses not listed below may be reviewed by the Director to determine if they are similar to those listed and appropriate in this zone and if so, what type of permit is required, in compliance with Section 18.04.040 (Uses Not Classified).

G. Temporary Uses. For all allowed temporary uses and specific standards see Section

18.60.190 (Temporary Uses) in Article 4.

Table 2-13
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

LO-RD

HO-RD LI HI Additional
Regulations
Residential Uses
Caretaker Housing CUP CUP CUP CUP Section 18.60.060
Transitional Housing Facilities - - MUP -
Human Services Uses
Community Care Facilities MUP - - -
Low-barrier Navigation Centers - - MUP -
Emergency Shelters - - MUP - Section 18.16.040
Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - - CUP CUP
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Table 2-13
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

LO-RD

HO-RD LI HI Additional
Regulations
Crematories - - CUP CUP
Fitness Facilities P P - - Section 18.16.040(B)
Parks and Public Plazas P P P P
Public Schools P - - -
Private Schools CUP - - -
Public/Private Colleges and
Universities CUP - - -
Equipment/Machine/Vehicle
Training Facilities CUP CUP P -
Vocational/Trade Schools CUP - - -
Utility, Transportation, and Communication Uses
Broadcasting and Recording
Studios P - - -
Fuel Storage and Distribution
Centers - - - CUP
Park and Ride Facilities P P P P
Parking Facilities CUP CUP CUP CUP
Wireless Telecommunications
Facilities and Towers, Co-
location/Small Cell
P P P P Section 18.16.040(A)
Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Minor
(less than 70 feet)
MUP MUP MUP MUP Section 18.16.040(A)
Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Major
(70 feet or higher)
CUP CUP CUP CUP Section 18.16.040(A)
Chapter 18.66
Transit Stations and Terminals P P P P
Utility Facilities and
Infrastructure CUP CUP CUP CUP
Electric Power Plants MUP MUP MUP MUP Section 18.60.260 Diesel Back-up Generators P P P P Section 18.60.260
Water Wells MUP MUP MUP MUP
Photovoltaic Systems P P P P
Fuel Cells P P P P
Retail, Service, and Office Uses
Ambulance Services P P - -
Banks and Financial
Establishments, General P P - -
Banks and Financial
Establishments, Stand-alone
ATM

P P - -
Business Support Centers P P P P
Call Centers P P CUP -
Data Centers C C C C Section 18.16.040(B)
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Table 2-13
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

LO-RD

HO-RD LI HI Additional
Regulations
Section 18.60.090
Data Centers, Ancillary P P P Section 18.16.040(B)
Section 18.60.090
Equipment Sales and Rental
Facilities P P P - Section 18.16.040(B)
Hotels and Motels P P CUP CUP Section 18.16.040(A)
Kennels P - - - Section 18.16.040(B)
Maintenance and Repair
Services P P P -
Medical Services P P - -
Offices P P - -
Outdoor (Ancillary), Dining and
Seating CUP - CUP - Section 18.16.040(A)
Section 18.60.140
Personal Services (Ancillary) P P - - Section 18.16.040(A) Restaurants (Ancillary) P P MUP MUP Section 18.16.040(A) Retail Establishments
(Ancillary) P P P P Section 18.16.040(A)
Section 18.16.040(B)
Vehicle Oriented Uses
Mobile Fueling Delivery P P P P
Vehicle Service Stations - - - CUP Section 18.60.220
Vehicle Repair Facilities, Minor - - P - Section 18.60.200 Vehicle Repair Facilities, Major - - CUP P Section 18.60.200 Vehicle Storage Facilities MUP P MUP P
Vehicle Dismantling Facilities - - - CUP
Vehicle Impound Facility - - - CUP
Industrial, Manufacturing, and Processing Uses
Freight Yards/Truck Terminals - - CUP CUP
Hazardous Material Storage
Facilities - - - CUP
Industrial, Minor - P P P
Industrial, Major - - CUP P
Laundry and Dry-Cleaning
Plants - - P P
Printing and Publishing
Facilities P P P P
Recycling Facilities
Reverse Vending and
Collection Boxes - - P P Section 18.60.180
Collection Small - - P P Section 18.60.180
Collection, Processing, and
Transfer - - CUP CUP Section 18.60.180
Research and Development
Facilities P P P P
Storage
Personal Storage Facilities CUP - CUP -
Warehouse P P P P
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Table 2-13
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

LO-RD

HO-RD LI HI Additional
Regulations
Wholesaling and Distribution
Centers - CUP P P

18.16.030 – Office and Industrial Development Standards A. Table 2-14 Office and Industrial Zone Development Standards. The intent of the office and industrial zone development standards table is to clearly and precisely establish the basic site and structure regulations that apply to all developments in each of the office and industrial zones. The table also indicates where additional site and structure requirements, including, but not limited to, off -street parking, landscaping, signage, fences and obstructions, and performance standards, apply to office and industrial zones.

B. Density. Maximum density standards shall be consistent with the General Plan or applicable Master Plan, Specific Plan, or Area Plan.

C. Zoning Map. The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled "Zoning Map for City of Santa Clara " and referred to in this Zoning Code as the Zoning Map. Any additional maps adopted shall also be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map, is hereby adopted in compliance with current State planning, zoning, and development laws.

Changes in the boundaries of any identified zones shall be made by ordinance in compliance with Chapter 18.142 (Amendments).

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Table 2-14
Office and Industrial Zone Development Standards

Development Feature
(minimum unless
otherwise indicated)
LO-RD HO-RD LI HI Additional
Regulations
Parcel Requirements (minimum) area required for each NEWLY CREATED parcel.

Parcel Area 20,000 43,560 20,000 20,000
Street Frontage (feet) 100 100 100 100
Setbacks (minimum) -Property lines are measured in feet, with those adjacent to the street measured from the face of the curb., adopted plan line, or edge of right-of-way.

Front 15 20 15 15 Section 18.30.030
Section 18.30.050
Side, Corner 15 15 15 15 Section 18.30.030
Section 18.30.050
Side, Interior 10 10 0 0 Section 18.30.050
Rear 20 20 0 0 Section 18.30.050

Rear or Side,
(adjacent to a parcel in
a residential or mixed-
use zone)
25 25 25 25 Section 18.30.050
Height (maximum) measured in feet
Height 100 200 70 70
Section 18.16.040(1) and
(2)(c)
Section 18.30.040
Maximum Number of
Stories 8 12 6 6 Section 18.16.040(1)
Additional Regulations
Fences, Walls, Hedges, and
Screens Chapter 18.34
Accessory Uses Section 18.60.030
Landscaping Standards Chapter 18.36
Nonconforming Uses Chapter 18.94
Off-Street Parking
Regulations and Design
Standards
Chapter 18.38

Performance Standards Chapter 18.40
Sign Standards Chapter 18.42
Solid Waste Enclosures Section18.30.060
Temporary Uses Section 18.60.190

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18.16.040 – Other Applicable Regulations
A. In addition to the standards specified in Article 3 (Regulations Applicable to All Zones) and Article 4 (Standards for Specific Land Uses), the following other applicable mixed- use regulations shall be applicable in the specific office and industrial zones:

B. General Office and Industrial Regulations.

1. Commercial Ancillary Uses. Commercial support uses are allowed in the LO-RD and HO-RD zones, and may be granted with approval of a Minor Use Permit by the Zoning Administrator in the LI and HI zones when the uses are found to comply with all of the following provisions:
a. The uses are intended to support and serve employees and visitors in the immediate area.
b. Uses shall be located entirely within structures occupied by the primary use. c. Ancillary uses shall occupy no more than 10 percent of the gross floor area of any structure or a maximum of 20,000 square feet, whichever is less. d. Ancillary uses are limited to the following:
(1) Retail Establishments.
(2) Personal Services Establishments.
(3) Restaurants.
(4) Alcohol service incidental to a restaurant.
(5) Drinking Establishments, subject to a Conditional Use Permit. (6) Outdoor Seating, ancillary to a restaurant.
(7) Banks and Financial Establishments.

2. Development Standards.
a. Private Easements or Covenants. Private easements or covenants between parties may further restrict the use of setbacks or other areas of a site beyond the requirements of this Chapter.
b. Minimum Parcel Size and Frontage.
(1) The required area of any parcel, as shown on a parcel or final subdivision map approved before the effective date of this ordinance that is less than the minimum parcel area required for the zoning district in which the parcel is located, but is not less than 3,000 square feet, the required parcel area shall be the area shown for the parcel on the approved parcel or subdivision map. (2) The required frontage of any parcel, as shown on a parcel or final subdivision map approved before the effective date of this ordinance that is less than the minimum parcel frontage required for the zone in which the site is located, but is not less than 45 feet, the required frontage shall be the frontage shown for the parcel on the approved parcel or subdivision map. c. Maximum Height. Parcels within the designated flight path zones for Mineta San Jose International Airport shall conform to Federal Aviation Administration (FAA) height requirements or the height limitations of Table 2- 12, whichever are less.
d. Setback Encroachments. Except as otherwise expressly and specifically provided in other Sections of this Chapter, every part of every setback area Chapter 18.16 Office and Industrial Zones

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shall be unobstructed and unoccupied except for those allowable encroachments identified in Table 2- 15 (Office and Industrial District Setback Encroachments).

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Table 2-15
Office and Industrial Zone Setback Encroachments

3. Transition Standards.
a. Maximum Height Adjacent to Residential. Shall be located a minimum of 150 feet from all residential. Building Height Limits Abutting Residential Zoning Districts, 45-degree Daylight Plane height transitions are required for any new development adjacent to single family and duplex residential zoning districts, measured from the property line at ground level.
b. Maximum Height Across the Street from Residential. The following applies to portions of a development directly opposite a residentially zoned property where the street is less than 65 feet wide.
(1) Wall plates and heights may be no taller than one story above the maximum height allowed in the opposing residential zone. (2) Uses shall be located entirely within structures occupied by the primary use. Building heights shall step up away from the street following a 45-degree Daylight Plane measured from the top of the building facade/wall plate.

4. Fencing. For additional fencing requirements see Chapter 18.34 (Fences, Walls, and Hedges).

5. Hotel and Motel Uses. Hotels and motels are allowed in the Low -Intensity and High- Intensity Research and Development Zones north of the Caltrain Corridor, at a maximum FAR of 2.0, provided that the property is annexed to the City’s Community Facilities Assessment District, or similar district, and that the use is compatible with planned uses on neighboring properties.

6. Loading Docks. Loading docks shall be located a minimum of 75 feet distance from any residential zone.

Improvement Setback Area Maximum Allowed
Encroachment
Bicycle racks Front, Side Corner, Side, Rear Allowed in setback area Landscaping Front, Side Corner, Side, Rear Allowed in setback area Overhead wires and underground lines necessary
for the sewerage, drainage, plumbing, water, gas,
and electrical and other utility needs of the parcel
or structure on the parcel. Overhead wires and
lines shall not be constructed if prohibited by
another section of this Code or by any other law.

Side Corner, Side, Rear Allowed in setback area
Front Allowed in setback area
Pedestrian walkways and plazas, vehicle
driveways for access to the parcel. Front, Side Corner, Side, Rear Allowed in setback area Sills, eaves, cornices, canopies, and other similar
architectural features eight feet or more above
surface grade
Front, Side Corner, Side, Rear 8 feet into setback area Stairs, wells for basement windows, and
architectural features which occupy, in the
aggregate, not more than 20% of the length of the
side of the structure on which they are located.

Front, Side Corner, Side, Rear 2 feet into setback area Utility structures Front, Side Corner, Side, Rear Allowed in setback area Chapter 18.16 Office and Industrial Zones

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7. Retail Sales (Ancillary) in Industrial Zones.
a. Ancillary retail sales shall be directly related to, and supportive of, the industrial products or products manufactured on-site.
b. Ancillary retail sales shall comply with one of the following:
(1) The ancillary retail sales area occupies no more than 10 percent of the floor area occupied by the primary use; or
(2) The ancillary retail sales area is incidental to the wholesale of construction materials including, but not limited to, lumber, tile, stone, plumbing materials, garage doors, windows, and roofing, and no more than 50 percent of the structure floor is used for product display and retail sales.

8. Performance Standards. All uses in the office and industrial zones shall comply with the performance standards in Chapter 18.40 (Performance Standards). In addition to the performance standards listed in Article 3, all uses shall also comply with the following standards:
a. Incineration. Incineration of waste material is prohibited. b. Noise. On-site noise shall be in compliance with the Performance Development Standards in Section 18.40.060 (Noise Standards) and SCCC Title 9.
c. Vibration. Except during construction, activity causing ground vibration which is perceptible without instruments at the property line is prohibited.

9. Screening Adjacent to Residential or Mixed -Use Zones. For additional screening requirements see Section 18.34.040 (Additional Requirements by Land Use Type).

10. Vehicle Repair and Services. All vehicle-related repair, service, and accessory or other installation, excepting the cleaning of vehicles, shall be conducted within a fully enclosed structure.

11. Wireless Telecommunication Facilities and Towers . For height exceptions for Wireless Telecommunications Facilities and Towers see Chapter 18.66.

C. Specific Office and Industrial Regulations.

1. Low-Intensity Office/Research and Development Zone (LO-RD). a. The following uses are only allowed as ancillary to a primary use:
(1) Fitness Facilities;
(2) Equipment Sales and Rental Facilities;
(3) Maintenance and Service Repairs;
(4) Personal Services; and
(5) Retail Establishments.
b. Kennels. Shall only be operated and conducted entirely within an enclosed structure.

2. High-Intensity Office/Research and Development Zone (HO-RD). a. Floor Area Ratio. Commercial support uses are not included in FAR calculations.
b. The following uses are only allowed as ancillary to the primary use:

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(1) Fitness Facilities;
(2) Equipment Sales and Rental Facilities;
(3) Maintenance and Service Repairs;
(4) Personal Services;
(5) Retail Establishments; and
(6) Data Centers

3. Light Industrial Zone (LI).
a. Height. Low-intensity uses such as Data Centers are allowed a maximum height of 90 feet.
b. Development Review. Any structure with an FAR greater than the General Plan allows shall a lower intensity use in the Light Industrial Zone as determined by the Review Authority.
c. Offices. Offices may occupy no more than 20 percent of the structure floor area
d. Medical offices are not allowed.
e. The following uses are only allowed as ancillary to the primary use:
(1) Equipment Sales and Rental Facilities;
(2) Maintenance and Service Repairs; and
(3) Offices.

4. Heavy Industrial Zone (HI).
a. Offices. Offices may occupy no more than 10 percent of the structure floor area.
b. Medical offices are not allowed.

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Chapter 18.18 – Special Purpose Zones (OS, PQP)
Sections

18.18.010 – Purpose of Special Purpose Zones

18.18.020 – Special Purpose Land Uses and Permit Requirements

18.18.030 – Development Standards

18.18.040 – Other Applicable Regulations

18.18.010 – Purpose of Special Purpose Zones
A. The purpose of this Chapter is to describe the character and intent of each of the City’s special purpose zones, identify any supplemental land use regulations applicable to special purpose zones, and establish development standards for the same.

B. The purpose of the individual special purpose zones and the way they are applied are as follows:

1. Parks/Open Space Zone (OS). The purpose of the OS Parks/Open Space Zone is to provide land areas for improved and unimproved park and open space facil ities, managed natural resource areas, and outdoor recreation areas (e.g., neighborhood parks, community parks, regional parks, public golf courses, recreational facilities, nature preserves). It is the intent of this zone to provide open space and outdoor recreational opportunities for the community. This zone implements the Parks/Open Space land use designation in the General Plan.

2. Public/Quasi-Public Zone (PQP). The purpose of the PQP Public/Quasi-Public Zone is to provide land areas for the construction, use, and occupancy for public and quasi- public uses including, but not limited to government offices, fire and police facilities, transit stations, commercial care centers, religious institutions, schools, cemeteries, hospitals and convalescent care facilities, places of assembly and other facilities that have a unique public character as their primary use. This zone implements the Public/Quasi-Public land use designation in the General Plan.

18.18.020 – Special Purpose Land Uses and Permit Requirements A. Table 2- 16 Special Purpose Zone Allowed Uses and Permit Requirements. Table 2 -16 indicates the uses allowed within each special purpose zone and any permits required to establish the use, in compliance with Article 6 (Permit Processing Procedures) and Arti cle 7 (Zoning Ordinance Administration).

B. Additional Regulations. Where the last column in the Table 2-13 includes a chapter or section number, the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this Zoning Code may also apply.

C. Definitions. See Article 8 (Definitions) for land use definitions and explanations.

D. Zoning Clearance required. Each land use specified in the following land use table as allowed with a “P” as a use permitted- by-right that involves/contains construction activities (e.g., additions, alterations, constructions, reconstruction, or remodeling) shall require the issuance of a Zoning Clearance in compliance with Chapter 18.128 (Zoning Clearance).

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E. Uses not Listed. Uses not listed below may be reviewed by the Director to determine if they are similar to those listed and appropriate in this zone and if so, what type of permit is required, in compliance with Section 18.04.040 (Uses Not Classified).

F. Temporary Uses. For all allowed temporary uses and specific standards see Section 18.60.190 (Temporary Uses) in Article 4.

Table 2-16
Special Purpose Zones Allowed Uses and Permit Requirements Special Purpose Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

OS PQP Additional Regulations
Residential Uses
Supportive Housing Facilities - CUP
Transitional Housing Facilities - CUP
Human Services Uses
Child Day Care Facilities - MUP Section 18.60.070
Community Care Facilities - MUP
Low-barrier Navigation Centers - MUP
Emergency Shelters -
MUP Section 18.18.040
Section 18.60.110
Medical Services, Hospitals - CUP
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - CUP
Community Gardens MUP P Section 18.18.040
Libraries P P
Museums - P
Parks and Public Plazas P P
Commercial Recreation
Facilities, Outdoor P CUP Section 18.18.040(B)
Places of Assembly - CUP
Public Schools - P
Private Schools - CUP
Public/Private Colleges and
Universities - CUP
Theaters and Auditoriums - CUP
Vehicle Oriented Uses
Mobile Fueling Delivery - P
Utility, Transportation, and Communication Uses
Public Safety Facilities - P
Wireless Telecommunications
Facilities and Towers, Co-
location
- P Section 18.18.040(A)
Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Minor
(less than 70 feet)
MUP MUP Section 18.18.040(A)
Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Major
(70 feet or higher)
- CUP Section 18.18.040(A)
Chapter 18.66
Transit Stations and Terminals - P
Utility Facilities and
Infrastructure CUP CUP
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Table 2-16
Special Purpose Zones Allowed Uses and Permit Requirements Special Purpose Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

OS PQP Additional Regulations
Electric Power Plants - MUP Section 18.60.260
Diesel Back-up Generators - MUP Section 18.60.260
Water Wells - MUP
Photovoltaic Systems - P
Fuel Cells - P
Retail, Service, and Office Uses
Offices - P
Outdoor Dining and Seating - MUP
Retail Establishments, Ancillary - MUP

18.18.030 – Special Purpose Development Standards
A. Table 2- 17 Special Purpose Zone Development Standards. The intent of the special purpose zone development standards table is to clearly and precisely establish the basic site and structure regulations that apply to all developments in each of the special purpose zones.

The table also indicates where additional site and structure requirements, including, but not limited to, off-street parking, landscaping, signage, fences and obstructions, and performance standards, apply to special purpose zones.

B. Density. Maximum density standards shall be consistent with the General Plan or applicable Master Plan, Specific Plan, or Area Plan.

C. Zoning Map. The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled "Zoning Map for City of Santa Clara " and referred to in this Zoning Code as the Zoning Map. Any additional maps adopted shall also be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map, is hereby adopted in compliance with current State planning, zoning, and d evelopment laws.

Changes in the boundaries of any identified zones shall be made by ordinance in compliance with Chapter 18.142 (Amendments).

Table 2-17
Special Purpose Zone Development Standards

Development Feature
(minimum unless otherwise
indicated)
OS PQP Additional Regulations
Setbacks (minimum) -Property lines are measured in feet, with those adjacent to the street measured from the face of the curb., adopted plan line, or edge of right-of-way.

Front 10 10 Section 18.30.050
Side, Corner 10 10 Section 18.30.050
Side, Interior 10 10 Section 18.30.050
Rear 10 10 Section 18.30.050
Height (maximum) measured in feet
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Table 2-17
Special Purpose Zone Development Standards

Development Feature
(minimum unless otherwise
indicated)
OS PQP Additional Regulations
Height (within 20 feet of the
R1 and R2 zones) 25 32 Section 18.30.040
Height (all other zones) 32 60 Section 18.18.040
Section 18.30.040
Maximum Number of Stories 2 6
Additional Regulations
Fences, Walls, Hedges, and
Screens Chapter 18.34
Landscaping Standards Chapter 18.36
Open Space Standards City Code Chapter 17.35
Off-Street Parking
Regulations and Design
Standards
Chapter 18.38

Performance Standards Chapter 18.40
Sign Standards Chapter 18.42
Solid Waste Enclosures Section18.30.060

18.18.040 – Other Applicable Regulations
A. General Special Purpose Regulations.
a. Community Gardens. Community gardens are only allowed as an ancillary use to parks and public plazas.
b. Wireless Telecommunication Facilities. For height exceptions for Wireless Telecommunications Facilities see Chapter 18.66.
c. Emergency Shelters. Emergency shelters are a permitted use only if they meet the minimum property development standards for the zone in which they are located when, on the date that a complete shelter management plan is required and submitted to the City, the number of exis ting shelter beds within the City is fewer than the City’s most recent annual count of homeless persons residing within the City.

B. Open Space Zone (OS). Golf Courses and ancillary clubhouses are the only allowed Commercial Recreation Facilities, Outdoor uses in the OS Zone.

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Chapter 18.19 – Planned Development Zone (PD)
Sections

18.19.010 – Purpose of Special Purpose Zones

18.19.020 – Special Purpose Land Uses and Permit Requirements

18.19.030 – Development Standards

18.19.010 – Purpose of Planned Development Zones
A. The purpose of the PD Planned Development Zone is to designate property with a minimum project size of 25 acres, where special consideration of the site and surroundings are necessary to allow creative development solutions that do not meet the allowed use regulations and/or development standards of the base zone. It is the intent of the PD Zone to allow modification of requiremen ts established by other ordinances and diversification in the relationship of different uses, structures, parcel sizes, and open spaces, while ensuring compliance with and implementation of the General Plan.

18.19.020 – Planned Development Zone Land Uses and Permit Requirements A. Planned Development Allowable Land Uses. Land uses allowed in the PD zone shall be consistent with the General Plan land use designation and description. Fuel cells and photovoltaic arrays ar a permitted use in all PD Planned Development zones.

B. Definitions. See Article 8 (Definitions) for land use definitions and explanations.

18.19.030 – Planned Development Zone Standards
A. Planned Development Zone Development Standards. The development standards allowed in the PD zone shall be consistent with the General Plan land use designation and description.

Any changes to an approved PD Zone project shall be in compliance with Section 18.128.080 (Changes to an Approved Project).

B. Density. Maximum density standards shall be consistent with the General Plan or applicabl e Master Plan, Specific Plan, or Area Plan.

C. Zoning Map. The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled "Zoning Map for City of Santa Clara " and referred to in this Zoning Code as the Zoning Map. Any additional maps adopted shall also be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map, is hereby adopted in compliance with current State planning, zoning, and development laws.

Changes in the boundaries of any identified zones shall be made by ordinance in compliance with Chapter 18.142 (Amendments).

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Chapter 18.20 – Lawrence Station Area Plan Zoning District (LSAP) Sections

18.20.010 – Application

18.20.020 – Intent

18.20.030 – Allowable Uses

18.20.040 – Development Standards

18.20.050 – Parking Requirements

18.20.060 – Additional Development Standards

18.20.010 – Application
A. The regulations set forth in this chapter apply to all parcels in the Lawrence Station area plan (LSAP) zoning district, except as otherwise provided in SCCC 18.23.050 (Existing industrial buildings/uses). The LSAP encompasses approximately seventy -two (72) gross acres of property and right -of-way, situated between Kifer Road, Lawrence Expressway, Central Expressway, and Calabazas Creek. (Ord. 1961 § 1, 12-13-16).

18.20.020 – Intent
A. This zone is designed to implement the vision of the Lawrence Station area plan, creating a high-density, transit-oriented residential district with supportive retail services. The Lawrence Station area plan is expected to be implemented over time, and the district contains provisions for the continuation of existing industrial buildings and uses. (Ord. 1961 § 1, 12- 13-16).

18.20.030 – Allowable Uses
A. Permitted Uses.

1. Single-family dwellings.

2. Two-family dwellings.

3. Dwelling groups.

4. Multiple-family dwellings.

5. Private garages and accessory buildings (see Chapter 18.66 SCCC) customarily appurtenant to the permitted use.

6. Home occupation as defined under Chapter 18.06 SCCC.

7. Supportive housing, subject to the same standards and restrictions as other dwelling units under this chapter.

8. Transitional housing, subject to the same standards and restrictions as other dwelling units under this chapter.

9. On the ground floor of multifamily dwellings with a dwelling unit density greater than fifty (50) dwelling units per acre, or in buildings intended solely for retail use, any use Chapter 18.18 Special Purpose Zones

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permitted in the CC community commercial district (Chapter 18.36 SCCC), CN neighborhood commercial district (Chapter 18.34 SCCC), or OG general office district (Chapter 18.32 SCCC), each as amended, subject to the regulations set forth in this chapter.

10. On the ground floor of multifamily dwellings with a dwelling unit density greater than fifty (50) dwelling units per acre, live/work units, subject to the following performance standards:
a. A minimum first floor to ceiling height of twelve (12) feet; b. A minimum front room depth of thirty-five (35) feet; c. A minimum of sixty-five percent (65%) glazing along the front elevation; d. Double entry doors with a minimum of eighty percent (80%) transparent glass surface area; and
e. Live/work units occupy a maximum of twenty -five percent (25%) of an individual building’s ground floor retail frontage.

11. Outdoor seating and dining areas appurtenant to retail uses.

12. Live entertainment that is wholly incidental to an otherwise permitted commercial use.

13. Outdoor walk-up facility appurtenant to retail uses. (Ord. 1961 § 1, 12-13-16).

B. Conditional Uses.

1. Notwithstanding any other provision in this chapter, the lawful use of buildings existing prior to the adoption of this chapter may continue and none of the other sections of this chapter shall apply, as though the prior zoning of the parcel remained in place, until such time as the existing use (including any expansions) has been discontinued in its entirety, at which time the prior zoning shall become inapplicable and the other sections of this chapter shall apply from that point forward.

2. Allowed Uses. For parcels with legal uses of buildings existing prior to the adoption of this chapter, permitted uses of the ML light manufacturing district are allowed, and none of the other sections of this chapter shall apply to such building and use, until such time as the existing use (including any expansions) has been discontinued in its entirety.

3. Conditional Uses . For parcels with legal uses of buildings existing prior to the adoption of this chapter, conditional uses of the ML light manufacturing district are conditionally permitted, and none of the other sections of this chapter shall apply, until such time as the existing use (including any expansions) has been discontinued in its entirety.

4. Development Standards. For parcels with legal uses of buildings existing prior to the adoption of this chapter, development standards of the ML light manufacturing district shall apply, and none of the other sections of this chapter shall apply, until such time as the existing use (including any expansions) has been disconti nued in its entirety. (Ord. 1961 § 1, 12-13-16).

18.20.040 – Development Standards
A. Maximum Dwelling Unit Density. For the LSAP district, the maximum dwelling unit density is one hundred (100) dwelling units per acre.

B. Minimum Lot Area. None.

C. Minimum Lot Width. None.

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D. Building Height Limits. The maximum height limit in the LSAP district is one hundred (100) feet in height.

E. Front Yard Requirements. None.

F. Side Yard Requirements. None.

G. Maximum Building Coverage. No maximum, subject to providing adequate pervious area to meet stormwater requirements. (Ord. 1961 § 1, 12-13-16).

18.20.050 – Parking Requirements
A. Minimum Parking Requirements.
a. The minimum parking requirements for all commercial uses, including restaurants, is four parking spaces per one thousand (1,000) square feet of building area. b. Studio and one-bedroom residential units: one parking space per unit. c. Residential units with two or more bedrooms: 1.5 parking spaces per unit.

B. Shared Parking. Parking shared among uses is encouraged, and up to twenty percent (20%) of parking spaces provided may be shared between two uses. For the purposes of this title, those parking spaces shared between two uses counts towards the parking requirement of both.

C. Minimum Bicycle Parking Requirements.
a. For each multifamily unit, one Class 1 parking space per three units and one Class 2 bike rack, accommodating two bikes, per fifteen (15) units is required. b. For each single-family home, townhouse, row house or other residential unit with independently secured vehicle parking, one Class 1 parking space per unit is required.
c. For retail or restaurant uses, for every three thousand (3,000) square feet of floor area, one Class 2 bike rack (accommodating two bikes) is required. In addition, one Class 1 parking space is required for every thirty (30) employees or fraction thereof. (Ord. 1961 § 1, 12-13-16).

18.20.060 – Additional Development Standards
A. Lighting and Security.
a. Open parking areas and common open space areas shall include lighting which provides a minimum illumination of one footcandle. Lighting fixtures shall be weather and vandal resistant. Lighting shall reflect away from residential areas and public streets.
b. All main entrance doors to individual dwelling units shall be equipped with one hundred eighty (180) degree door viewer. Each main entrance door shall be equipped with a deadbolt lock with a cylinder guard, a minimum of one- inch bolt projection and a maximum security strike plate.
c. All sliding glass doors and ground floor windows shall be equipped with auxiliary locks, as approved by the Chief of Police.

B. Trash Disposal. Each property shall provide accessible trash disposal areas. If not screened within a garage or structure, each disposal area shall be screened from public view. Such enclosures shall provide area of sufficient size to accommodate trash and recycling bins for residential and commercial uses on site. Trash compactors shall be located within an enclosed building. (Ord. 1961 § 1, 12-13-16).

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Chapter 18.21 – Two-Unit Dwelling Residential Development and Urban Lot Splits
Sections

18.21.010 – Purpose

18.21.020 – Applicability

18.21.030 – Construction of multiple units in single-family zones

18.21.040 – Development Standards applicable to all lots with two units

18.21.050 – Development Standards within R-1 building envelope

18.14.050 – Accessory Dwelling Units

18.14.060 – Definitions

18.21.010 – Purpose
A. The purpose of this chapter is to regulate two dwelling unit residential development and urban lot splits in compliance with California Government Code Sections 65852.21 and 66411.7 to allow two detached or attached housing units on one parcel, and ancillary uses and structures, and to allow urban lot splits. Proposed two dwelling unit housing developments and urban lot splits shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the requirements of this chapter. (Ord. 2048 § 1, 8-16-22).

18.21.020 – Applicability
A. This chapter shall apply to properties within the single- family residential zone (R1- 6L) and single-family residential, larger parcel zone (R1-8L), with the following exceptions:

1. The development site is within a State or local historic district or is included on the State Historical Resources Inventory or on the City’s Historic Resource Inventory.

2. The property is located on a hazardous waste site, as defined by Government Code Section 65913.4(a)(6)(E).

3. The property is wit hin a special flood hazard area subject to inundation by the one percent annual chance flood (one hundred (100) -year flood), as defined by Government Code Section 65913.4(a)(6)(G).

4. The property is within a regulatory floodway, as defined by Government Code Section 65913.4(a)(6)(H).

5. The development would demolish or alter any existing dwelling unit that is subject to affordability restrictions under a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

6. The development would demolish or alter any existing dwelling unit on the lot that has been occupied by a tenant in the last three years prior to the date of application. (Ord. 2048 § 1, 8-16-22).

18.21.030 – Construction of multiple units in single-family zones A. Notwithstanding SCCC 18.10.030 and 18.12.030, up to two homes are permitted on a single parcel within the R1- 6L and R1- 8L zones, subject to the requirements of this chapter. On a Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.18

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parcel that has not been divided pursuant to SCCC 18.13.050, accessory dwelling units meeting the requirements of SCCC 18.10.030(d) or 18.12.030(d) are also permitted. (Ord. 2048 § 1, 8-16-22).

18.21.040 – Development Standards applicable to all lots with two units A. Off-Street Parking Requirements. For development that will result in two units on a lot, the minimum parking requirement shall be one space per unit, with the exception that no parking is required if the parcel is located within one- half mile walking distance of either a high- quality transit corridor, as d efined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or if the parcel is located within one block of a car share facility.

B. Off-Street Parking Design Standards. If off-street parking is required, the parking shall meet the parking design standards in Chapter 18.74 SCCC.

C. Solar Access. After the installation of solar collector, a person owning or in control of another property shall not construct or alter a residence so as to cast a shadow greater than ten percent of the collector absorption area upon that solar collector surface at any one time between the hours of 10:00 A.M. and 2:00 P.M., Pacific Standard Time. (Ord. 2048 § 1, 8-16-22).

18.21.050 – Development Standards within R-1 building envelope A. For development that will result in two units on a lot, if both units proposed will be located entirely within the allowed R -1 building envelope, the development standards of the R1- 6L or R1-8L zone will apply to each house, except that the maximum number of houses shall be two per lot. (Ord. 2048 § 1, 8-16-22).

18.21.060 – Development Standards outside R-1 building envelope A. For development that will result in two units on a lot, where any portion of a building or buildings is proposed to be located outside of the allowed R -1 building envelope, the following development standards apply.

B. Residential developments shall comply with the development standards in this chapter and for the R1- 8L and R1- 6L zones, as applicable, set forth in Chapters 18.10 and 18.12 SCCC (Single-Family, Larger Lot Area Zoning and Single- Family Zoning Districts) and additional parking regulations set forth in Chapter 18.74 SCCC (Parking Regulations), with the following exceptions:
a. Size. Units may be as small as two hundred twenty (220) square feet in floor area or as large as one thousand (1,000) square feet in floor area. b. Maximum Height/Stories.
(1) Rear fifteen (15) feet of a parcel: buildings or structures shall not exceed one story in height or sixteen (16) feet.
(2) All other areas on the parcel: buildings or structures shall not exceed one and one-half stories or twenty-five (25) feet in height. c. Side and Rear Setbacks. Minimum side and rear setbacks shall be the least of the following:
(1) As required by Chapters 18.10 (R1- 8L) or 18.12 (R1- 6L) SCCC, as applicable;
(2) Four feet;
(3) The setbacks of an existing structure for which there is no proposal to alter its dimensions, or a structure constructed in the same location and to the same dimensions as an existing structure.

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d. Upper Story Windows. Second story egress windows shall face the front property line or interior of the project. Otherwise second story windows must be either of the following:
(1) Five-foot minimum sill height above finished floor; or (2) Clerestory; or
(3) Opaque/frosted glass.
e. Second Story Balconies and Roof Decks. Balconies with a maximum depth of four feet allowed within the R1- 6L and R1- 8L setbacks. Roof decks are not allowed.
f. Front Door Placement/Orientation. For units within thirty (30) feet of a street, the main entrance door or entry porch must be oriented to the street and be located no more than five feet behind the front most wall of the unit. g. Garage Location/Size. For garages within thirty (30) feet of a street, the maximum width for a garage with a garage door facing the street is forty percent (40%) of the lot width.
h. Front Yard Landscaping. A minimum of fifty percent (50%) of the front yard shall be maintained as unpaved landscaping, except as may be required to meet minimum off-street parking and access requirements of the Zoning Code. i. Modification or Waiver of Standards. An applicant for a residential development that will result in two homes on a lot may apply for a modification or waiver of specific development standards, if all of the following requirements are met:
(1) The applicant must demonstrate, to the satisfaction of the Zoning Administrator, that the strict application of development standards in this chapter, or the standards for the R1- 6L or R1-8L zones (set forth in Chapters

18.12 and 18.10 SCCC) would preclude the construction of a maximum of two units, where each unit is at least eight hundred (800) square feet in floor area. (2) The applicant shall have the burden of proof to establish that the modification or waiver is necessary and that there is no redesign possible that would still allow for the construction of two dwellings of at least eight hundred (800) square feet without the modification or waiver.
(3) Notwithstanding the foregoing, a modification or waiver shall not be used to reduce the minimum setback size to less than four feet, unless the setback is on an existing legal structure with setbacks of less than four feet, and the proposed development either (A) does not propose to modify the dimensions of that existing structure, or (B) will replace the structure with another structure with exactly the same dimensions. (Ord. 2048 § 1, 8-16-22).

18.21.070 – Urban Lot Splits
A. An application for a parcel map for an urban lot split within the R1- 6L or R1-8L zones shall go through a streamlined rev iew process pursuant to SCCC 17.05.430 if it meets all of the requirements of this section.

B. Subdivision Requirements. A parcel map for an urban lot split must meet all of the following requirements:
a. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area; provided, that one parcel shall not be smaller than forty percent (40%) of the lot area of the original parcel proposed for subdivision.

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b. Both newly created parcels are no smaller than one thousand two hundred (1,200) square feet.
c. Both newly created parcels have a minimum twenty -four (24) feet of street frontage with a minimum average width of twenty -four (24) feet. For flag lots, the flagpole portion, whether this is part of the flag lot or an ease ment to the flag lot, shall have a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet and the flag portion shall have a minimum depth of forty (40) feet.
d. Both parcels resulting from the urban lot split have access to, provide access to, or adjoin the public right -of-way through right-of-way frontage or recorded access easements (as a covenant of easement on the parcel map). e. The approved parcel map shall include a notation that the parcels were created using the urban lot split provis ions of this chapter and the resulting parcels cannot be further subdivided under this section.
f. The urban lot split conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
g. The parcel being subdivided was not established through prior exercise of an urban lot split as provided for in this chapter.
h. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this chapter.

2. Development Standards. Development standards for each new parcel resulting from an urban lot split shall conform to SCCC 18.13.030. Development sta ndards shall be applied to each new parcel individually. New flag lots shall provide a fifteen (15) -foot minimum front setback (measured from the property line shared between the front lot and the flag lot).

3. Nonconforming Zoning Conditions. Correction of l egal nonconforming zoning conditions shall not be required as a condition for ministerial approval of a parcel map application for the creation of an urban lot split.

4. Residency Requirement. An applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This requirement shall not apply to an applicant that is a “community land trust ” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C), or is a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15.

5. Residential Use. Except as authorized by Chapter 18.100 SCCC, any parcel created through this chapter may only be used for residential purposes and any unit created through this chapter shall not be used as a short -term rental (rented for a period of thirty (30) days or less). (Ord. 2048 § 1, 8-16-22).

18.21.080 – Accessory Dwelling Units
A. On a parcel that has not been divided pursuant to SCCC 18.13.050, an accessory dwelling unit (ADU) and/or a junior ADU (JADU) that conform with California Government Code Sections 65852.2 (ADUs) and 65852.22 (JADUs) are allowed in addition to the units allowed in this section.

Once a parcel has been divided pursuant to SCCC 18.13.050, however, the maximum number of dwellings on each resulting parcel, inclusive of any ADU or JADUs, is two. (Ord. 2048 § 1, 8- 16- 22).

Chapter 18.18 Special Purpose Zones

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18.21.090 – Definitions
A. For purposes of this chapter the following definitions shall apply:

1. “Acted in concert” means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.

1. “Car share facility” means one or more parking spaces that have been designated permanently for car share vehicles, where the vehicles are leased for short periods of time, often by the hour.

2. “Demolish or alter” means removal of more than twenty -five percent (25%) of exterior walls on a building even if the rental unit itself is not altered.

3. “Egress window” means a window with minimum net clear opening dimensions of at least twenty (20) inches in width and twenty-four (24) inches in height.

4. “Flag lot” means a parcel with access provided to the bulk of the lot by means of a corridor between twelve (12) and fifteen (15) feet in width, inclusive.

5. “Half story” means a habitable living space with a sloping roof, which may have dormer windows.

6. “R-1 building envelope” means an area defined by the minimum setback and maximum lot coverage requirements of Chapter 18.10 or 18.12 SCCC, whichever is applicable.

7. “Solar collector” means a fixed device, structure, or part of a device or structure, on the roof of a building, comprising photovoltaic panels, that is used primarily to transform solar energy into electrical energy.

8. “Urban lot split” means a subdivision of a residential lot located in either the R1- 6L or R1-8L zone into two lots subject to the requirements of this chapter. (Ord. 2048 § 1, 8- 16-22).

Chapter 18.22 – Downtown Form-Based Code (PLACEHOLDER)

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Article 3 – Site Planning and General Development Standards December 2023
Title 18 – Development Code
3 For use in Chapter Numbers

TABLE OF CONTENTS
Chapter 18.30 - Site Planning and General Development Standards ----------- 3-5 Purpose and Applicability ----------------------------------------------------------------------------- 3-5 Permitted Projections into Required Setback Areas ------------------------------------------ 3-5 Sight-Distance Triangle --------------------------------------------------------------------------------- 3-6 Height Measurement and Exceptions -------------------------------------------------------------- 3-6 Setbacks – Measurement and Requirements ---------------------------------------------------- 3-7 Solid Waste and Recycling Enclosures and Storage Areas ------------------------------ 3-11 Basements ------------------------------------------------------------------------------------------------ 3-12 Chapter 18.32 - Residential Accessory Structures ----------------------------------- 3-15

18.32.010 – Purpose and Applicability --------------------------------------------------------------------------- 3-15

18.32.020 – Permit Requirements ---------------------------------------------------------------------------------- 3-15

18.32.030 – Development Standards ------------------------------------------------------------------------------ 3-15 Chapter 18.34 - Fences, Walls, Hedges, and Screens ------------------------------- 3-17

18.34.010 – Purpose and Applicability --------------------------------------------------------------------------- 3-17

18.34.020 – Permit Requirements and Exemptions ---------------------------------------------------------- 3-17

18.34.030 – Measurement of Fence, Wall, Hedge, and Screen ------------------------------------------- 3-17

18.34.040 – Maximum Heights -------------------------------------------------------------------------------------- 3-18

18.34.050 – Additional Requirements by Land Use Type -------------------------------------------------- 3-19

18.34.060 – Materials and Maintenance -------------------------------------------------------------------------- 3-22 Chapter 18.36 - Landscaping Standards ------------------------------------------------- 3-24

18.36.010 – Purpose ---------------------------------------------------------------------------------------------------- 3-24

18.36.020 – Applicability ---------------------------------------------------------------------------------------------- 3-24

18.36.030 – Landscape and Irrigation Plans -------------------------------------------------------------------- 3-24

18.36.040 – Landscape and Irrigation Plan Review Process ---------------------------------------------- 3-25

18.36.050 – General Landscape Standards --------------------------------------------------------------------- 3-25

18.36.060 – Special Landscape Requirements ---------------------------------------------------------------- 3-26

18.36.070 – Additional Requirements for Residential Zones ---------------------------------------------- 3-29

18.36.080 – Removal and Replacement of Required Landscaping ------------------------------------- 3-29

18.36.090 – RESERVED SECTION --------------------------------------------------------------------------------- 3-29

18.36.100 – Water-Efficient Landscaping ------------------------------------------------------------------------ 3-29 Chapter 18.38 - Off-Street Parking Regulations and Design Standards ------ 3-30

18.38.010 – Purpose and Applicability --------------------------------------------------------------------------- 3-30

18.38.020 – Permit Requirements and Exemptions ---------------------------------------------------------- 3-31

18.38.030 – Off-Street Vehicle Parking Requirements ------------------------------------------------------ 3-31

18.38.040 – Exceptions and Reductions to Parking Requirements ------------------------------------- 3-35

18.38.050 – Bicycle Parking Requirements --------------------------------------------------------------------- 3-37

18.38.060 – General Parking Standards -------------------------------------------------------------------------- 3-41

18.38.070 – Off-Street Loading -------------------------------------------------------------------------------------- 3-47

18.38.080 – Maintenance ---------------------------------------------------------------------------------------------- 3-49

18.38.090 – Temporary Valet Parking ----------------------------------------------------------------------------- 3-49

18.38.100 – Recreational Vehicle Parking in Residential Zones ----------------------------------------- 3-49

18.38.110 – Central Business Area Parking Requirements ---------------- Error! Bookmark not defined.

18.38.120 – Off-Site Designated Parking: Alternate Parking Location --------------------------------- 3-50 Table of Contents

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Chapter 18.40 - Performance Standards ------------------------------------------------- 3-53

18.40.010 – Purpose and Applicability --------------------------------------------------------------------------- 3-53

18.40.020 – Compliance ----------------------------------------------------------------------------------------------- 3-53

18.40.030 – Air Emissions -------------------------------------------------------------------------------------------- 3-53

18.40.040 – Dust --------------------------------------------------------------------------------------------------------- 3-53

18.40.050 – Hazardous Materials ----------------------------------------------------------------------------------- 3-53

18.40.060 – Noise and Vibration ------------------------------------------------------------------------------------ 3-54

18.40.070 – Odor --------------------------------------------------------------------------------------------------------- 3-54

18.40.080 – Outdoor Lighting ---------------------------------------------------------------------------------------- 3-54

18.40.090 – Heat, Electrical Disturbance, and Glare --------------------------------------------------------- 3-56

18.40.100 – Wastewater ----------------------------------------------------------------------------------------------- 3-56 Chapter 18.42 - Sign Standards ------------------------------------------------------------- 3-57

18.42.010 – Purpose and Applicability --------------------------------------------------------------------------- 3-57

18.42.020 – Effect of Chapter ---------------------------------------------------------------------------------------- 3-58

18.42.030 – Definitions------------------------------------------------------------------------------------------------- 3-58

18.42.040 – Sign Permit Required ---------------------------------------------------------------------------------- 3-60

18.42.050 – Comprehensive Sign Program --------------------------------------------------------------------- 3-60

18.42.060 – Application and Review of Sign Permits -------------------------------------------------------- 3-62

18.42.070 – Exempt Signs -------------------------------------------------------------------------------------------- 3-62

18.42.080 – Prohibited Signs ---------------------------------------------------------------------------------------- 3-63

18.42.090 – Billboards ------------------------------------------------------------------------------------------------- 3-64

18.42.100 – Temporary Signs ---------------------------------------------------------------------------------------- 3-65

18.42.110 – Standards for Signs Requiring a Sign Permit ------------------------------------------------- 3-67

18.42.120 – Standards for Specific Sign Types ---------------------------------------------------------------- 3-71

18.42.130 – Iconic Signs ---------------------------------------------------------------------------------------------- 3-84

18.42.140 – Electronic Digital Display Message Signs ------------------------------------------------------ 3-85

18.42.150 – Signs in Residential Zones -------------------------------------------------------------------------- 3-87

18.42.160 – Signs in Commercial and Mixed-Use Zones --------------------------------------------------- 3-89

18.42.170 – Signs in Office and Industrial Zones ------------------------------------------------------------- 3-91

18.42.180 – Sign Construction and Maintenance ------------------------------------------------------------- 3-92

18.42.190 – Removal of Unlawful, Unsafe, and Unauthorized Signs ----------------------------------- 3-92

18.42.200 – Nonconforming Signs --------------------------------------------------------------------------------- 3-93

18.42.210 – Revocation of Sign Permits ------------------------------------------------------------------------- 3-94

TABLES
Table 3-1 Maximum Height of Fences, Walls, Hedges, and Screens in Setback Areas ---------- 3-18 Table 3-2 Patrick Henry Parking Requirements --------------------------------------------------------------- 3-32 Table 3-3 Off-Street Parking Requirements --------------------------------------------------------------------- 3-32 Table 3-4 Required Bicycle Parking ----------------------------------------------- Error! Bookmark not defined.

Table 3-5 Parking Space and Drive Aisle Dimensions ------------------------------------------------------ 3-42 Table 3-6 Spaces Required to be Pre-Wired for Electric Vehicles ------ Error! Bookmark not defined.

Table 3-7 Motorcycle Parking Requirements ------------------------------------------------------------------- 3-47 Table 3-8 Signs Allowed in Residential Zone ------------------------------------------------------------------ 3-68 Table 3-9 Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones ---------------- 3-69 Table 3-10 Residential Zones Allowed Sign Types and Permit Requirements ---------------------- 3-88 Table 3-11 Commercial and Mixed-Use Zone Allowed Sign Types and Permit Requirements 3-89 Table 3-12 Office and Industrial Zones Allowed Sign Types and Permit Requirements --------- 3-91

Article 3 – Regulations Applicable to All Zones Table of Contents

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FIGURES
Figure 3-1 Sight-Distance Triangle ------------------------------------------------------------------------------- 3-6 Figure 3-2 Height Measurement ----------------------------------------------------------------------------------- 3-7 Figure 3-3 Setback Measurements -------------------------------------------------------------------------------- 3-8 Figure 3-4 Allowable Fence Height ----------------------------------------------------------------------------- 3-18 Figure 3-5 Retaining Wall Height Measurement ------------------------------------------------------------ 3-19 Figure 3-6 Fence Height Exception – Abutting Corner Parcel ----------------------------------------- 3-21 Figure 3-7 Parking Lot Tree Requirement -------------------------------------------------------------------- 3-28 Figure 3-8 Parking Lot Landscaping --------------------------------------------------------------------------- 3-28 Figure 3-9 Parking Lot Planter Design ------------------------------------------------------------------------- 3-28 Figure 3-10 Class I Bicycle Parking ------------------------------------------------------------------------------ 3-38 Figure 3-11 Class II Bicycle Parking ----------------------------------------------------------------------------- 3-39 Figure 3-12 Parking Space and Drive Aisle Dimensions -------------------------------------------------- 3-43 Figure 3-13 Motorcycle Parking Configuration --------------------------------------------------------------- 3-46 Figure 3-14 Delivery Loading Areas ------------------------------------------------------------------------------ 3-48 Figure 3-15 Shielding and Maximum Height of Freestanding Outdoor Light Fixtures ---------- 3-55 Figure 3-16 Sign Area Measurement1 ---------------------------------------------------------------------------- 3-68 Figure 3-17 Awning and Canopy Sign --------------------------------------------------------------------------- 3-72 Figure 3-18 Subdivision Entry Sign ------------------------------------------------------------------------------ 3-73 Figure 3-19 Directional Sign ---------------------------------------------------------------------------------------- 3-74 Figure 3-20 Directory Sign ------------------------------------------------------------------------------------------ 3-74 Figure 3-21 Freestanding and Monument Signs ------------------------------------------------------------- 3-76 Figure 3-22 Freeway - and Expressway-Oriented Signs --------------------------------------------------- 3-77 Figure 3-23 Luminous Tube Sign --------------------------------------------------------------------------------- 3-78 Figure 3-24 Painted Sign --------------------------------------------------------------------------------------------- 3-79 Figure 3-25 Menu Board Sign -------------------------------------------------------------------------------------- 3-79 Figure 3-26 Freestanding Drive-thru Menu Board Sign ---------------------------------------------------- 3-80 Figure 3-27 Service Station Gas Price Sign ------------------------------------------------------------------- 3-81 Figure 3-28 Projecting Sign ----------------------------------------------------------------------------------------- 3-82 Figure 3-29 Wall Sign ------------------------------------------------------------------------------------------------- 3-83 Figure 3-30 Window Sign -------------------------------------------------------------------------------------------- 3-84

Table of Contents

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Chapter 18.30 - Site Planning and General Development Standards For use in Chapter Numbers
Sections

Purpose and Applicability
Permitted Projections into Required Setback Areas
Sight-Distance Triangle
Height Measurement and Exceptions
Setbacks – Measurement and Requirements
Solid Waste Enclosures

Purpose and Applicability
A. Purpose. The purpose of this Chapter is to ensure that development is consistent with the General Plan to the maximum extent possible, complies with the standards of this Chapter, produces an environment that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties.

B. Applicability.

The standards in this Chapter apply to all zones.

These standards shall be considered in combination with the standards for each zone in Article 2 (Zones, Allowable Uses, and Development Standards), and Article 4 (Regulations for Specific Land Uses and Activities). Where there may be a conflict, the standards specific to the zone or specific land use shall override the general standards in this Chapter.

All structures, additions to structures, and uses shall conform to the standards of this Chapter as determined applicable by the Director.

Permitted Projections into Required Setback Areas
In applying the regulations of this Section , the following features of a structure shall not be included in the parcel coverage and may project into a required setback to the extent specified. None of the identified exceptions shall be permitted if they encroach into an adopted plan line, right -of-way, or public use easement.

A. Bay windows, Chimneys, Cornices, canopies, eaves or other projections that do not increase the volume of space enclosed by the structure may project up to two feet into a required side yard setback or three feet into a required front or rear yard setback.

B. Fire escapes may project into a required setback up to four feet, six inches.

C. Covered f ront porches including architectural features and roof projections, patios, decks, stairs, ramps, railings and landings may project up to six feet into a required front or corner side yard setback and may project up to three feet from the parcel line in any rear yard setback.

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D. In order to qualify for this exception, bay window and chimney projections may not occupy more than 33 percent the length of the structure wall on which they are located.

E. Equipment and/or structures enclosing equipment (e.g., solar panels, water storage tanks, heating and air conditioning equipment, or similar mechanical equipment) that are attached to a primary structure or an accessory structure shall be permitted to encroach into a required rear or side setback area, provided they do not encroach more than 50 percent of the depth of the rear or side setback.

Sight-Distance Triangle
No fence, wall, hedge or shrubbery higher than three feet above the top of the grade shall be installed or maintained within the sight distance triangles, at public roadway intersections and private driveways. The dimensions of these sight distance triangles, and any exceptions, shall be determined by the Director of Public Works. See Figure 3-1 (Sight-Distance Triangle) (illustrative, based on speed of the roadway).

Figure 3-1
Sight-Distance Triangle

Height Measurement and Exceptions
A. Maximum Height Allowed. The height of structures shall not exceed the standards established by the appl icable zone in Article 2 (Zones, Allowable Uses, and Development Standards), except as otherwise provided in this Section.

B. Height Measurement. The height of a structure shall be measured as the vertical distance from the elevation of the finished grade to the highest point of the structure. This would be the coping of a flat roof, or the deck line of a mansard roof, or to the highest gable of a pitched or hip roof. See Figure 3- 2 (Height Measurement).

Article 3 – Regulations Applicable to All Zones Chapter 18.34

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Figure 3-2
Height Measurement
C. Height Exceptions. The maximum structure height specified in this Zoning Code shall not apply to the following miscellaneous structures and may be exceeded by no more than 25 percent of the maximum structure height, except that a lower maximum height may be requi red by the Review Authority through the conditions of an approved discretionary permit.

Antennas
Chimneys
Cupolas
Elevators
Flag poles, sculptures, and radio towers, provided that they are compatible with surrounding structures.

Other mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy or to be used for any commercial or advertising purpose.

Spires
Ventilators
Water Tanks
Setbacks – Measurement and Requirements
A. Purpose. The purpose of this Section is to establish measurement requirements for setbacks, exceptions to those setback requirements, and allowances for projections into the setback areas. The intent of these regulations is to standardize requirements for regular parcels and to allow exceptions where needed due to parcel shape or other special circumstances.

B. Setback Requirements.

General Setback Requirements.

Required Setback Area. Except as otherwise specified in this Zoning Code, required setback areas shall be kept free of buildings and structures.

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Exclusivity of Required Setback Area. No setback or other open space provided around any structure for the purpose of complying with this Zoning Code shall be considered as providing a setback or open space for any other structure.

Setback Measurement. Setbacks shall be measured from parcel lines as detailed below in Figure 3-3 (Setback Measurements). Parcel lines are not necessarily located at the back of the adjoining sidewalk. There shall be, at a minimum, one front parcel line and one rear parcel line.

The rear parcel line shall be the line parallel, or most nearly parallel, to the front parcel line and of a width of at least 40 feet. If more than one such parcel line exists, the Director shall make the final determination as to the rear parcel line of the parcel. Except as permitted in Subsection

18.30.020 (Permitted Projections into Required Setback Areas ), or as otherwise specified in this Zoning Code for specific types of structures (e.g., accessory structures, signs) structures shall not extend beyond required setback lines.

Figure 3-3
Setback Measurements

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Front Yard Setback Area Measurement.

Non-Corner, Regular Parcels. For any parcel other than a corner parcel or an irregular parcel, the front setback area means the area which extends across the full width of the parcel and from the front parcel line along the street to a line defined by the front setback dimension.

Corner Parcels. For a corner parcel, the front setback area means the area which extends across the full width of the parcel and from the narrower parcel line along a public street to a parallel line defined by the front setback line.

Irregular Parcel. For flag parcels and irregularly shaped parcels, the front parcel line is determined to be the narrowest portion of the parcel adjoining a public right- of-way.

Front setback average. Notwithstanding the foregoing, in the R1-6L, R1-8L, and R2 zones (Section 18.10.030), if four or more parcels in a block have been legally improved with structures, the minimum required front yard for main structures shall be the average of the front yards of the improved parcels along a block face if less than the current front yard requirements. Front setback measurement shall be from the front parcel line to the front wall of the residence and shall not be measured to a porch or any other projection.

Rear Setback Area Measurement.
(1) For an interior parcel, the rear setback area means the area which extends across the full width of the parcel and from the rear parcel line to a parallel line defined by the rear yard setback dimension.
(2) For a corner parcel, the rear setback area means the area which extends ac ross the full width of the parcel and from the parcel line opposite the narrower parcel line along a public street to a parallel line defined by the rear setback line. (3) When computing the depth of a rear setback, for any structure where such setback opens onto an alley, one-half of such alley may be assumed to be a portion of the rear setback.
c. Side Setback Area Measurement.
(1) For an interior parcel, the side setback means that area which extends from a side parcel line to a parallel line defined by the interior side setback between the front setback area and the rear setback area.

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(2) On any parcel of land having an average width of less than 50 feet, which parcel was of record or is shown as a parcel on any subdivision map on file in the office of the Santa Clara County Recorder on January 11, 1955, and where no adjoining land is in the same or common ownership with the parcel, the width of each interior side setback may be reduced to 10 percent of the width of the parcel, but in no case to less than three feet.
(3) For a corner parcel, the interior side setback area is the area which extends from the interior side parcel line to a parallel line defined by the side setback distance, between the rear property line and the front setback area. (4) For a corner parcel, the corner side setback area is that area which extends from the corner side parcel line to a parallel line defined by the side setback distance, between the rear property line and the front setback area.

Vertical clearance. Except as otherwise provided in this Title, every part of a required yard shall be open from its lowest point to the sky unobstructed. Structure overhangs, bay windows, and other elements may intrude as permitted, in compliance to Subsection 18.52.030 (Exceptions and Projections).

Official Plan Lines. Whenever an official plan line has been established for any public street, required yards shall be measured from the plan line, and in no case shall the provisions of this Title be construed as permitting any encroachment upon any official plan line.

C. Permitted Uses

1. Front Setback. Except as otherwise permitted, a front se tback shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.

2. Rear and Side Setbacks. Except as otherwise permitted, rear and side setbacks shall be used only for landscaping, pedestrian walkways, driveways, recreational activities or facilities, or similar accessory activities.

D. Activities Prohibited. Any of the acts specified in subsection (1) of this section, when performed, maintained, permitted, or allowed in any of the front yard or side yard areas specified in subsection (2) of this section, are hereby declared to be public nuisances and are unlawful. Every person who creates, maintains, permits, or allows such nuisance upon his/her property or the premises of another who creates, maintains, permits, or allows any such nuisance thereon, is guilty of a misdemeanor and shall be punished accordingly.

1. The following acts are prohibited in the areas specified in subsection (2) of this section:

Household or Construction Property; Wrecked, Disabled, or Inoperative Vehicles. Any household appliance, other household equipment, machinery, or furniture; or of any motor vehicle that is not displaying current registration or is registered with the Department of Motor Vehicles as Non- Operational, or is wrecked, dismantled, or inoperable, or missing any part thereof; or of any construction equipment, machinery, or materials. Construction equipment, machinery, or materials temporarily kept within such area for and during the improvement of the lot within which such area is situated, or the construction or installation of improvements of facilities therein, are exempt from this prohibition;
Portable, temporary, or inflatable swimming pools left unattended; Article 3 – Regulations Applicable to All Zones Chapter 18.34

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Outdoor sporting or game equipment: including but not limited to ping pong/beer pong tables, cornhole, horseshoes, or volleyball nets, etc. that are unattended, abandoned, or that create a hazard.

Shipping containers of any size.

2. The following are the front yard and side yard areas within which the acts above specified in subsection (1) are prohibited.

The front building setback area, the street side yard area, and all other open areas that are visible from the public right-of-way of any interior or corner lot that is situated within any residential district established by or pursuant to the provisions of this title.

The items specified in subsection ( 1) of this section shall only be permitted within entirely enclosed structures or behind six -foot-high fencing in interior side yard and rear yard setback areas. In no case shall these described items be visible from the public right-of-way even when placed in permitted areas. Any shipping containers located in the interior side or rear setback areas shall be 80 square feet or less in floor area.

Solid Waste and Recycling Enclosures and Storage Areas
A. Purpose. The purpose of this Section is to provide standards for the provision of solid waste (refuse) and recyclable material storage areas. Projects that are not subject to a Building Permit and are only providing refuse/recyclable materials storage areas (trash enclosures) shall not be subject to the following standards but are subject to review by Public Works. The intent of these regulations is to comply with State law (California Solid Waste Reuse and Recycl ing Access Act, Public Resources Code Sections 42900 et seq.).

B. Solid Waste Enclosure Standards . All solid waste enclosures shall comply with the development standards in SCCC Title 8 (Health and Safety Code), Section 8.25.100.

C. Location Requirements. Solid waste and recyclable materials storage areas shall be located in the following manner:

Solid waste and recyclable material storage shall be adjacent/combined with one another.

Exterior Storage areas shall not be located in a required:

Front yard;
Street side yard;
Parking space; or
Landscaped or open space area.

Storage area(s) shall be accessible to residents and employees at all times. Storage areas in multifamily residential developments must be located within 250 feet of an access doorway to the dwellings they are intended to serve.

Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector.

Storage areas shall not be located closer than 20 feet from doors or operable windows of adjacent structures.

D. Design Requirements. The design and construction of solid waste and recycling enclosures shall:

Chapter 18.34 Fences, Walls, Hedges, and Screens

3-12 October 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials.

Provide a concrete pad within the fenced or walled area(s) and a concrete apron that facilitates the handling of the individual bins or containers.

Be accessible to persons with disabilities in compliance with the Americans with Disabilities Act (ADA).

Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable.

Basements
A. Purpose. The purpose of this Section is to provide standards for basements, lightwells, stairwells, and other excavated features.

B. Allowable Basement Area. Basements shall not extend beyond the structure footprint and are not allowed below any portion of a structure that extends into required setbacks.

C. Inclusion as Gross Floor Area. Basements shall not be included in the calculation of gross floor area, provided that the:

Basement area is not deemed to be habitable (i.e., crawlspace); or Basement area is deemed habitable space, but the finished level of the first floor is no more than three feet above the grade around the perimeter of the structure foundation. Grade is measured at the lowest point of an adjacent ground elevation prior to grading, filling, or finished grade, whichever is lower.

D. Lightwells, Stairwells, and other Excavated Features. Excavated features shall not affect the measurement of the grade for determining gross floor area, so long as the excavated features meet the following standards:

Lightwells, stairwells, and similar excavated features along the perimeter of the basement shall not affect the measurement of grade provided that:

Features are not located in the front of the structure; Features shall not exceed three feet in length;
Cumulative length of all features does not exceed 30 percent of the perimeter of the basement;
Features do not extend more than three feet into a required side setback or no more than four feet into a required rear yard setback , except when a side yard setback is less than six feet, then features shall not encroach closer than three feet from the adjacent side parcel line;
Cumulative length of any features or portions of features that extend into a required side or rear yard setback do not exceed 15 feet in length; Property owner shall provide documentation to the Planning Division prior to the issuance of a Building Permit that any features or portions of features that extend into a required side or rear yard setback , and how the projections will affect any mature trees on the parcel or abutting parcels; and
Features have either a drainage system that meets the requirements of the Public Works Department or are substantially sheltered from the rain by a roof overhang or canopy of a permanent nature.

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Below-grade patios, sunken gardens, or similar excavated areas along the perimeter of the basement that exceed the dimensions allowed in Subsection (1) above, are allowed and shall not affect the measurement of the basement or the grade provided that:

Areas are not located in the front of the structure;
All areas combined do not exceed two percent of the area of the parcel or 200 square feet, whichever is greater, that each area does not exceed 200 square feet, and that each area is separated from another by a distance of at least 10 feet. Areas devoted to stairway access shall not be included in the 200 square foot limitation.

Cumulative length of any excavated area that extends into a required side or rear yard setback does not exceed 15 feet;
Property owner shall provide documentation to the Planning Division prior to the issuance of a Building Permit that any features or portions of features that extend into a required side or rear yard setback will not affect any mature trees on the parcel or abutting parcels;
Features are sheltered from the rain by a roof overhang or canopy of a permanent nature; and
Any roof overhang or canopy allowed in subsection (e) shall comply with the requirements in Section 18.30.020 (Permitted Projections in Required Setbacks).

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Chapter 18.22 - Residential Accessory Structures
Sections:

18.32.010 – Purpose and Applicability

18.32.020 – Permit Requirements

18.32.030 – Development Standards

18.32.010 – Purpose and Applicability
A. Purpose. The purpose of this Chapter is to provide development standards for detached non- habitable residential accessory structures. The purpose of this Chapter is to protect the public health, safety, and welfare by maintaining safe distances between structures, establishing architectural compatibility between primary and residential accessory structures, and minimizing potential impacts associated with lot coverage, privacy, and maintenance of light and air space.

B. Applicability. The provisions in this Chapter shall apply to detached non-habitable residential accessory structures on private property and shall be in addition to any other development standards contained elsewhere in the Zoning Code. In the event of a conflict between the provisions of this Chapter and any other provisions of this Title, the stricter regulation shall control. Generally, this Chapter regulates detached accessory structures that are larger than 120 square feet in size. For the purposes of this Zoning Code, residential accessory dwelling units (ADU’s) are governed by the requirements of Article 4 (Standards for Specific Land Uses ) and are exempt from the requirements of this Chapter. Accessory structures shall not contain indoor cooking facilities ( any combination of a sink, cooking apparatus, and refrigeration appliance) and shall not be designed for liv ing or rental purposes.

18.32.020 – Permit Requirements
A. Permit Requirements. Except as otherwise exempt in Subsection b, residential accessory structures require Site Plan and Design Review Check as des cribed in Chapter 18.120 (Site Plan and Design Review).

B. Exemptions. The following residential accessory structures are exempt from permits and approvals governed by this Title, provided they comply with any specified limitations. Exempt accessory structures may require building permits in keeping with the California Building Code. Enclosed and/or solid-roofed accessory structures that are 120 square feet or smaller and no greater than 16 feet in height. Structures shall not be located in a required front yard. In order to maintain necessary fire breaks, all combustible residential accessory structures shall be set back a minimum of four feet from side and rear property lines with a minimum six-foot separation between structures.

18.32.030 – Development Standards
The development standards in this Section are intended to supplement the standards in the underlying base zone for residential accessory structures. In the event of conflict between these standards and the underlying base zone standards, the provisions of this Section shall apply.

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A. Height and Roof. The maximum height of a residential accessory structure shall be 16 feet, provided that the height of such a structure is no greater than the height of the primary building.

B. Floor Area. Floor Area of Accessory S tructures is limited to 600 square feet maximum. Residential accessory structures larger than 600 square feet may be allowed subject to the approval of a minor use permit.

C. Phasing. Residential accessory structures must be constructed subsequent to construction of the primary structure(s) on the site.

D. Interior Side and Rear Setbacks. Proposed residential accessory structures shall provide a three- foot setback from interior side property line and a five-foot setback from the rear property line.

E. Structure Separation. Residential accessory structures shall maintain a six -foot separation from other structures, including the primary structure on the parcel.

F. Front and Corner Side Setbacks. The minimum setback shall be consistent with the minimum setback distance for the primary structure in the underlying zone. On all parcels, residential accessory structures shall not be placed in the front setback of the primary structure. If located to the side of the primary structure on an interior parcel, the structure shall maintain the same front, side, and rear yard setbacks as required for the primary structure and shall not be placed closer to the front lot line than the farthest back front wall of the primary structure.

G. Yard Coverage. Not more than 40 percent of the required rear setback shall be occupied by residential accessory structures.

H. Play Structures. Swing sets, playground equipment, and treehouse structures for residential use shall be exempt from the provisions of this section and long as they meet the following requirements:

The area of the treehouse shall not exceed 120 square feet.

The total height of any portion of the structure shall not exceed 15 feet from grade to the top of the structure.

A child’s playhouse and/or playground equipment, shall be located in the rear yard and not in the front or side yards. Non-conforming properties without rear yards exempted.

Any play structure located within an easement or encroac hment shall be removed within ten days upon request.

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Chapter 18.34 - Fences, Walls, Hedges, and Screens
Sections

18.34.010 – Purpose and Applicability

18.34.020 – Permit Requirements and Exemptions

18.34.030 – Measurement of Fence, Wall, Hedge, and Screen

18.34.040 – Maximum Heights

18.34.050 – Additional Requirements by Land Use Type

18.34.060 – Materials and Maintenance

18.34.010 – Purpose and Applicability
A. Purpose. The purpose of this Chapter to regulate the height and location of fences, walls, hedges, and screens to provide light, air, and privacy without obstructing views, to establish buffers between different land uses, and to safeguard against visual obstructions at the intersections of streets and/or driveways.

B. Applicability. The intent of this Chapter is to provide specific regulations for fences, walls, hedges, and screens as they apply across parcels and to certain land uses.

18.34.020 – Permit Requirements and Exemptions
A. Site Plan Design Review Required. Unless otherwise exempt below, a Site Plan and Design Review (Chapter 18.120) is required for new fences, walls, hedges, and screens.

B. Exemptions for Residential Fences, Walls, and Screens. Any fences, walls, a nd screens located on R1-6L, R1- 8L, and R2 parcels constructed in compliance with the requirements of Section

18.34.030 are exempt from Site Plan and Design Review (Chapter 18.120).

18.34.030 – Measurement of Fence, Wall, Hedge, and Screen Fence, wall, hedge, and screen heights shall be measured as the vertical distance between the finished grade of the ground and the top edge of the fence, wall, or hedge. Adjacent grades shall not be artificially elevated to allow for a fence, wall, hedge, or screen that is higher than the allowable maximum height.).

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18.34.040 – Maximum Heights
A. Maximum Height Standards. Except as otherwise provided by this Chapter, the maximum height of fences, walls, and screening in yard areas shall be consistent with Table 3-1 (Maximum Height of Fences, Screens, Walls, Hedges and Shrubbery in Setback Areas) and the Section 18.30.030 (Sight- Distance Triangle). For maximum allowable fence height see Figure 3-4 (Allowable Fence Height).

Table 3-1
Maximum Height of Fences, Walls, Hedges, and Screens in Setback Areas Location of Fence/ Wall/Hedge/Screen/Shrubbery Maximum Height Required front setback area 3 feet
Required street side setback area (along corner side property lines)
3 feet
All other areas of a parcel 6 feet with up to an additional one foot of lattice

Figure 3-4
Allowable Fence Height

B. Retaining Walls. Retaining walls are limited to three feet in height with a six -foot fence above, and one additional food of lattice. P roperties with a grade differential of greater than four feet , a taller retaining wall is permissible, subject to Director approval. See Figure 3- 5 (Retaining Wall Height Measurement).

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Figure 3-5
Retaining Wall Height Measurement

18.34.050 – Additional Requirements by Land Use Type
A. Screening for Separating Residential and N on-Residential Uses and P arking Lots. Any nonresidential use shall provide screening from adjacent residential uses and parking lots at the property line. The screening required shall be a solid wall or fence, six feet in height, except that any portion situated in the required setback area from adjacent public streets shall be no more than three feet in height.

B. Applicable to All Land Use Types.

Swimming Pools, Spas, and Similar Water Features . Swimming pools, spas, and other similar water features shall be enclosed in compliance with Building Code requirements.

Required fencing surrounding the immediate swimming pool area shall not exceed the height required by the Building Code.

Temporary Fen ces. Nothing in this Chapter shall be deemed to prohibit the erection of a temporary fence around construction projects in compliance with the Building Code and other applicable requirements of the SCCC.

Outdoor storage. Outdoor storage shall be screened f rom public view by a solid wall , fence or other screening as approved by the Review Authority. No outdoor storage shall extend above the height of any screening wall or fence, except as expressly authorized by the R eview Authority.

Screening of Mechanical Equipment. In order to minimize visibility from adjacent roads and properties, ground-level and rooftop mechanical equipment shall be screened so as to not be visible from a public road or a public space. This screening may be provided by a primary structure. Mechanical equipment not screened by a primary structure shall be screened by a

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visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the primary structure. Notwithstanding the requirements of this Subsection, mechanical equipment located in a manner found to have no adverse visual impact on adjacent roads and properties, as determined by the Director, shall not be required to be screened.

Yards on Thoroughfares. Rear yard fencing abutting on any major thoroughfare of four or more motor vehicular traffic lanes may be erected and shall not exceed eight feet in height.

Fencing shall be subject to a Site Plan and Design Review (Chapter 18.120).

Outdoor Recreation Courts. Fencing for outdoor recreation courts ( e.g., tennis courts, basketball courts) shall not exceed 12 feet in height. Fencing for outdoor recreation courts shall be located five feet from any rear or side pr operty lines, except when adjacent to outdoor recreation courts on adjacent properties.

C. Minor Architectural Review. As part of the Minor Architectural Review process, openings or pedestrian connections may be required at the discretion of the Zoning Administrator. In addition, a landscaping strip adjacent to the screening wall (including such trees or plants as the Review Authority requires) with a minimum width of five feet shall be required if the Review Authority deems reasonably necessary to screen the use from the adjoining uses.

D. Abutting Corner Parcel. The following shall apply to any abutting corner parcel developed such that the front entrance of a single- family or two- family dwelling faces the stre et side property line (see Figure 3-6 (Fence Height Exception – Abutting Corner Parcel):

No fence greater than three feet in height shall be located closer to the side corner parcel line than the dwelling.

The minimum setback from the front property line for any fence over three feet in height shall be no less than 10 feet.

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Figure 3-6
Fence Height Exception – Abutting Corner Parcel
E. Posts, Columns, and Gates. Support posts, columns, or gates shall be allowed within any setback area, provided they do not exceed four feet in height and 18 inches in width, are located 15 feet or more from an intersection and are not located within a driveway vision triangle.

F. Non-Residential Zones Adjoining Residential Zones. Where such zones are adjacent to residential or PD zones parcels, fences shall not exceed six feet in height on common parcel lines; provided, however, that fences on common parcel lines shall not exceed three feet in height in the front or side setback of such adjacent residential or PD zoned parcel.

G. Commercial Zones. Loading docks shall be screened from public view, adjoining public streets and rights-of-way, and residentially zoned areas by a solid fence or wall at least six feet in height on all common property lines.

H. Mixed-Use Zones.

At the time of new construction of a structure on property in this zone, the property owner shall install and provide continual maintenance of a solid mas onry wall six feet high on all interior property lines. Fencing in front and street side yards shall not exceed a maximum height of three feet.

The Director is granted the authority as an administrative function, to permit a suitable alternative for situations where construction of a masonry fence would not be warranted, such as jointly used driveway, parking or recreation areas, or adjacent minimum 10-foot yards.

I. Industrial and Office Zones.

Outdoor storage areas shall be screened from view from the public right -of-way or from adjacent properties accessible to the public and the screening shall be architecturally compatible with the surrounding environment.

Security fences and walls. The purpose of security fencing and wall standards is to provide for a safe environment for businesses in industrial and office land use designations. Palisade fencing may be permitted with the approval of the Review Authority.

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18.34.060 – Materials and Maintenance
A. Graffiti Resistance. Graffiti-resistant aesthetic surface treatment shall be required for all fences and walls adjacent to a public right -of-way, or as determined though the Site Plan and Design Review (Chapter 18.120) process.

B. Fences and wall in Industrial and Office Zones.

Storage Area allowable fence and wall material. Within the Industrial -Heavy category, storage area screening may include masonry or concrete, metal, or chain- link fencing with wood or vinyl slats.

Security fences and wall s. Within all industrial and office zones except Industrial-Heavy, all fencing, or walls shall be wrought iron, concrete, masonry, or other similar materials not to exceed a height of eight feet from the highest finished grade. Chain- link fencing may be used in areas not visible from public rights-of-way.

C. Maintenance. Fences, walls, and screens shall be continuously maintained in an orderly and good condition and shall always be kept free of graffiti.

D. Prohibited Fence, Wall, and Screen Materials. The following materials and fence types are prohibited:

Barbed Wire
Razor Wire
Electrified fences , with the exception of monitored perimeter security fence systems, as described in Section E below
Use of grease
Broken glass or other sharp materials
E. Monitored perimeter security fence system.
“Monitored perimeter security fence system” means a perimeter alarm system with an assembly of battery-powered equipment, including but not limited to: a monitored alarm device and energizer which is intended to periodically deliver pulses to a security fence, a battery charging device used exclusively to charge the system’s battery, and other integrated components.

The design, construction, and use of monitored perimeter security fence system s may be permitted subject to the approval of a conditional use permit pursuant to Chapter 18.114, subject to the following additional requirements:

1. IEC Standard No. 60335-2-76. Unless otherwise specified herein, monitored perimeter security fence systems shall be constructed and operated in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335- 2-76, current edition.

2. Power Source. The energizer for monitored perimeter security fence systems must be driven by a commercial storage battery not to exceed twelve (12) volts DC. The storage battery is charged primarily by a solar panel. The solar panel may be augmented by a commercial trickle charger.

3. Perimeter Barrier. Monitored perimeter security fence systems shall be installed behind a nonelectrified fence or wall that complies with section 18.34.060 B.

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4. Emergency Gate Access. Before a monitored perimeter security fence system is activated, a Knox device shall be approved by the fire department. The Knox device will be installed at the main entry gate and fully functional at all times when the monitored perimeter security fence system is operational.

5. Separation. The perimeter security fence shall be set back four (4) inches to twelve (12) inches from the nonelectrified fence or wall in order to prevent inadvertent access to the monitored perimeter security fence.

6. Design/Height. The monitored perimeter security fence shall be visually transparent and comprised of twelve and one- half (12.5) gauge galvanized steel wires which are run horizontally, up to the maximum height of ten (10) feet.

7. Warning Signs. Monitored perimeter security fence systems shall be clearly identified with bilingual warning signs in compliance with Civil Code § 835(b)(3) that read: “Warning – Electric Fence” at intervals of not more than thirty (30) feet.

8. Location. Monitored perimeter security fence systems shall only be permitted on properties zoned LI Light Industrial and HI Heavy Industrial.

9. Alarm Signal. The monitored perimeter security fence system shall transmit a signal to an alarm monitoring business in response to an intrusion or burglary. The system shall not directly connect to or call law enforcement. The business must first verify the alarm event prior to requesting deployment of law enforcement.”

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Chapter 18.36 - Landscaping Standards
Sections

18.36.010 – Purpose

18.36.020 – Applicability

18.36.030 – Landscape and Irrigation Plans

18.36.040 – Landscape and Irrigation Plan Review Process

18.36.050 – General Landscape Standards

18.36.060 – Special Landscape Requirements

18.36.070 – Additional Requirements for Residential Zones

18.36.080 – Removal and Replacement of Required Landscaping

18.36.090 – RESERVED SECTION

18.36.100 – Water-Efficient Landscaping

18.36.010 – Purpose
The purpose of this Chapter is to establish minimum landscape and irrigation requirements to enhance the appearance of developments, reduce heat and glare, control soil erosion, conserve water, ensure ongoing maintenance of landscape areas, and ensure that landscape installations do not create hazards for motorists or pedestrians.

18.36.020 – Applicability
The regulations contained in this Chapter shall apply to new and existing development and shall be in addition to any other development standards and regulations contained elsewhere in the Zoning Code.

A. New Development. All new development shall comply with the requirements of this Chapter.

B. Existing Development. The landscaping in an existing development subject to a new permit application that includes expansion of existing structure square footage by more than 10 percent shall be subject to evaluation by the Review Authority.

18.36.030 – Landscape and Irrigation Plans
Preliminary and final landscape plans shall be submitted in accordance with the requirements of this Chapter, and review of the plans shall be conducted by the appropriate Review Authority.

A. Preliminary Landscape and Irrigation Plan. A preliminary landscape and irrigation plan shall be submitted to the Director along with application submittal forms and other required materials for the requested permit or approval. This plan must show a water budget that includes the estimated water use (in gallons), irrigated area (in square feet), precipitation rate, and flow rate in gallons per minute, as well as conceptual locations for trees, shrubs, ground cover , and other landscape elements and a corresponding list of planting material by species, quantity, and container size.

B. Final Landscape and Irrigation Plan. After a preliminary landscape and irrigation plan has been approved by the Review Authority, a final landscape and irrigation plan shall be submitted to the Director in conjunction with site improvement plans. The final landscape and irrigation plan shall be prepared by a registered licensed landscape architect and shall be in substantial compliance with the Article 3 – Regulations Applicable to All Zones Chapter 18.36

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preliminary landscape and irrigation plan approved by the Review Authority. Final plans shall show the exact location of and irrigation system for trees, shrubs, and ground cover. The final landscape and irrigation plan shall include, at a minimum, plant name, plant quantity, plant container size, location of impervious surfaces, utilities and lighting, and plans for tree retention and removal where applicable.

The final landscape and irrigation plan shall also include a water budget that includes the estimated water use (in gallons), the irrigated area (in square feet), precipitation rate, and flow rate in gallons per minute.

18.36.040 – Landscape and Irrigation Plan Review Process When the requirements of this Chapter are applicable as established in Section 18.36.020 (Applicability), the following landscape and irrigation plan review process shall be conducted in conjunction with review for the proposed action, pursuant to the requirements of Article 6 (Permit Processing Procedures) and Article 7 (Zoning Code Administration).

A. Approval of Preliminary and Final Plans. The Review Authority shall rev iew and approve the preliminary landscape and irrigation plan. Following approval of the preliminary landscape and irrigation plan, a final landscape and irrigation plan shall be submitted to the Director prior to issuance of building permits or planning entitlements for new projects or applicable expansions to existing development as established in Section 18.36.020 (Applicability).

B. Approval Required. The landscape and irrigation shall not be installed until the applicant receives approval of the final landscape and irrigation plan by the Director and any applicable permits have been issued.

C. Changes to Final Plans. Changes to the approved final landscape and irrigation plan that af fect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval by the Director before installation.

18.36.050 – General Landscape Standards
A. General Location for Landscape Improvements . Landscaping shall be provided in the following locations for all types of development as listed below, unless the Review Authority approves an alternative landscape approach. Nothing in this Chapter is intended to discourage landscape areas outside and beyond the minimum requirements listed herein.

Setbacks. All setback areas required by this Code shall be landscaped in compliance with this Chapter except where a required setback is occupied by a sidewalk, driveway, or permitted off- street parking area, or is enclosed and screened from abutting public rights-of-way.

Undeveloped Areas. All areas of a project site not intended for a specific use or purpose in conjunction with a current application, including pad sites being held for future development, shall be landscaped in compliance with this Chapter.

Parking Areas. All parking areas shall be landscaped for shade and climate control, to enhance project design, and to screen the visual impact of vehicles and large expanses of pavement consistent with the requirements of this Chapter.

B. Plant Type. Landscape planting shall emphasize drought -tolerant and native species (especially along natural, open space areas), shall complement the architectural design of structures on the site, and shall be suitable for the soil and climatic conditions specific to the site.

Street and Parking Lot Trees. Street and parking lot trees shall be selected from the City’s adopted master list of street trees and parking lot trees.

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Trees Adjacent to Walkways. Trees planted within 10 feet of a street, sidewalk, paved trail, or walkway shall be separated from hardscapes by a root barrier to prevent physical damage to public improvements.

C. Planting Size, Spacing, and Planter Widths . To achieve an immediate effect of a landscape installation and to allow or sustained growth of planting materials, minimum plant material sizes, plant spacing, and minimum planter widths (inside measurements) are as follows:

Trees. The minimum planting size for trees shall be 15 gallons , with at least 25 percent of all trees on a project site planted at a minimum 24- inch box size. For commercial, office, community/civic, and industrial development, tree spacing within perimeter planters along streets and abutting residential property shall be planted no farther apart on center than the mature diameter of the proposed species. Minimum planter widths for trees shall be between five and ten feet, consistent with the City’s adopted master list of street trees and parking lot trees.

Shrubs. Shrub planting shall be a minimum five-gallon size, with a 15- gallon minimum size required where an immediate landscape screen is required by the Review Authority. The minimum planter width for shrubs is four feet.

Ground Cover. Plants used for mass planting may be grown in flats of up to 64 plants or in individual one-gallon containers. Rooted cuttings from flats shall be planted no farther apart than 12 inches on center, and containerized woody, shrub ground cover plantings shall be planted no farther apart than three feet on center to achieve full coverage within one year.

Minimum planter width for ground cover is two feet, except for sod, which requires a minimum planter width of six feet.

18.36.060 – Special Landscape Requirements
In addition to the general requirements of Section 18.36.050 (General Landscape Standards), the following requirements apply to the special types of landscaping.

A. Multi-Tenant Project Entry Landscaping . Entries to multi -tenant projec ts (both residential and nonresidential) shall be designed as a special statement reflective of the character and scale of the project to establish identity for tenants, visitors, and patrons. Flowering access plantings and specimen trees shall be used to reinforce the entry statement.

B. Trees Adjacent to Structure Walls. Except for single-family housing developments, trees shall be planted in areas of public view adjacent to structures at a rate of one tree per 30 linear feet of building dimensions (or fraction thereof), particularly to interrupt expansive horizontal and vertical surfaces.

C. Drive-Through Aisles Screening. For drive -through aisle screening requirements see Section

18.60.110 (Drive-in/Drive Through Establishments).

D. Wireless Telecommunication Facilities. Landscaping is required on the site of wireless telecommunication facilities , including trees, foliage, and shrubs . Additional landscaping may be planted around the tower and related equipment to buffer abutting residential zones or uses and to buffer public trails. Trees shall be fast-growing evergreen species, with a minimum size of 24-inch box.

Shrubs shall be a minimum 15-gallon size covering a minimum planter area depth of five feet around the facility. Trees and shrubs shall be located no farther apart on center than the mature diameter of the proposed species.

E. On-Site Pedestrian Pathways and Public Spaces . Pedestrian pathway s and public space landscaping shall include shade trees placed so as to cover 50 percent of the total pathway area with tree canopies within 15 years of planting.

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F. Landscaping Adjoining Creeks. Landscaping or planting that is adjoining to creeks shall only use native plants.

G. Signs. Landscaping shall be provided at the base of the supporting structure of freestanding signs equal to twice the area of one face of the sign. For example, 50 square feet of sign area requires 100 square feet of landscaped area.

H. Buffering Between Uses. A landscape buffer shall be provided between residential and nonresidential uses and between single- family uses and multi -family uses containing three or more units. Buffer areas shall include a minimum five-foot-wide planter strip with shrubs and both deciduous and evergreen trees planted no farther apart than 30 feet on center.

I. Sound Walls/Masonry Walls. Where setback and open space areas are screened from public view by walls or similar approved structures, landscaping shall be provided so as to cover 50 percent of the wall by landscape material within five years of securing a Building Permit.

J. Parking Lot Landscaping. Parking lot landscaping shall include perimeter planters, trees for parking lot shade, and a combination of continuous planting strips, planting fingers, and parking islands throughout the parking lot. Parking lot landscape requirements applicable to commercial, industrial, mixed-use, and multifamily parking lots with five or more spaces are as follows:

Number of Trees Required. O ne tree for every three parking stalls shall be provided. At maturity, trees must reach a minimum height and spread of 20 feet to form a shade canopy over parking stalls. Smaller ornamental trees may not be used to satisfy this requirement. The minimum width for planters containing a parking lot tree is six feet. Tree selections shall be approved by the Director. See Figure 3-7 (Parking Lot Tree Requirement).

Tree Wells. Tree wells in a parking lot shall be a minimum of 40 square feet, with a minimum dimension of five feet.

Parking Lots. See Figure 3-8 (Parking Lot Landscaping).

All parking lots shall include a perimeter landscaped strip at least five feet wide (inside dimension) where the lot adjoins a side or rear property line. The perimeter landscaped strip may include any landscaped yard or landscaped area otherwise required and shall be continuous, except for driveways and pedestrian access.

All parking lots shall include a minimum 10 feet of landscaping adjacent to any public street, except for driveways and pedestrian access.

Existing Trees. Existing mature trees on the site in good health shall be preserved as determined by the Director.

Planter Design. All parking lot planters shall be designed to meet the following minimum requirements (see Figure 3-9 (Parking Lot Planter Design)).

Planters shall be separated from maneuvering and parking areas by a six -inch raised concrete curb or equivalent.

Landscape planters along the sides of parking stalls shall be a minimum of six feet in width.

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Figure 3-7
Parking Lot Tree Requirement

Figure 3-8
Parking Lot Landscaping

Figure 3-9
Parking Lot Planter Design

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18.36.070 – Additional Requirements for Residential Zones All new development front yard landscaping shall include, at a minimum, one 15- gallon size tree and a permanent irrigation system to be installed by the developer prior to occupancy. This requirement shall be in addition to required street trees which shall be approved by the Department of Public Works.

18.36.080 – Removal and Replacement of Required Landscaping Replacement Sizes. Any plant material removed from a site for which the Director has approved the landscape and irrigation plan shall be replaced with plants consistent with the approved landscape and irrigation plan. Replacement trees shall be required for trees removed or severely and improperly trimmed, with or without Director approval. Size of replacement trees shall be determined by the Director based on the conditions of the property.

18.36.090 – RESERVED SECTION

18.36.100 – Water-Efficient Landscaping
All landscaping areas shall comply with the requirements contained in the City’s water service and use rules and regulations as the same rules and regulations are applicable to promote efficient water use in landscaping by promoting use of region-appropriate plants that require minimal supplemental irrigation, and by establishing standards for irrigation efficiency.

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Chapter 18.38 - Off-Street Parking Regulations and Design Standards Sections

18.38.010 – Purpose and Applicability

18.38.020 – Permit Requirements and Exemptions

18.38.030 – Off-Street Vehicle Parking Requirements

18.38.040 – Exceptions and Reductions to Parking Requirements

18.38.050 – Bicycle Parking Requirements

18.38.060 – General Parking Standards

18.38.070 – Off-Street Loading

18.38.080 – Maintenance

18.38.090 – Temporary Valet Parking

18.38.100 – Recreational Vehicle Parking in Residential Zones

18.38.110 – Central Business Area Parking Requirements

18.38.120 – Off-Site Designated Parking: Alternate Parking Location

18.38.010 – Purpose and Applicability
A. Purpose. This Chapter establishes standards for the development (including amount and location) of motor vehicle parking, bicycle parking, and off -street loading areas. The purpose of the standards is to provide for safe vehicular parking, vehicular circulation, an d loading supportive of a variety of uses in an increasingly pedestrian- and bicycle-friendly and transit-oriented community.

B. Applicability. The regulations contained in this Chapter shall apply to the construction, change, or expansion of a use or structure and shall require that adequate parking spaces, loading areas, and bicycle parking areas are permanently provided and maintained for the benefit of residents, employees, customers, and visitors, within or outside of structures or in a combination of bot h, in accordance with the requirements listed in this Chapter.

New Uses and Structures. For all structures erected and all uses of land established after the effective date of this Zoning Code, parking for vehicles and bicycles, and loading facilities shall be provided as required by this Chapter.

Modifications to Existing Structures. Whenever an existing structure or use is modified that results in an increase of more than 50 percent in the number of parking spaces required, additional parking spaces shall be provided in accordance with the requirements of this Chapter.

Existing Parking and L oading Facilities. Off-street parking and loading facilities which are located on the same parcel as the structure or use served and which were in existence on the effective date of the ordinance codified in this Chapter, or were provided voluntarily after such effective date, shall not be reduced below or if already less than, shall not further be reduced below the requirements of this Chapter for a similar new structure or use.

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18.38.020 – Permit Requirements and Exemptions
A. Parking Requirements. New parking lots and modifications or expansions to existing parking lots will be evaluated as part of project review for other permits and approvals (e.g., Architectural Review, Conditional Use Permit). At a minimum, Site Plan Review is required for new parking lots and modifications to existing parking lots to determine compliance with all applicable provisions of this Zoning Code.

B. Exempt Activities. Parking improvements listed below shall be considered minor in nature and are therefore exempt from Site Plan Review requirements if they do not alter the number or configuration of parking stalls. However, exempt activities listed herein may require other ministerial permits (e.g., Building Permits).

Repair of any defects in the surface of the parking area, including repairs of holes and cracks.

Repair or replacement in the same location of damaged planters and curbs.

Additions to residential floor area for single-family dwellings with existing, nonconforming two- car garages. Additions can be approved without the parking as long as the garage is fully accessible and has at least 17 feet by 17 feet inside dimensions, and a garage door, or doors, at least 15 feet wide..

18.38.030 – Off-Street Vehicle Parking Requirements
A. Required Parking . Table 3-3 (Off-Street Vehicle Parking Space Requirements) establishes the minimum number of on-site parking spaces required for each land use type, regardless of the zoning district in which the use is located.

B. No Parking Required Near Major Transit Stops. Notwithstanding any other provision of this Code, no parking is required for any use within one-half mile of a major transit stop.

C. Off-Street Construction Parking.

1. When Required. Off-street construction parking is required for residential development projects over 100 units in size, or over 100,000 square feet in area for non-residential projects.

2. Timing. Off-street construction parking is required to be available from the time of issuance of building permits until the issuance of a certificate of occupancy.

3. Number of Spaces Required.

For residential development projects, one space per four units proposed is required.

For non- residential development projects, one space per 5,000 square feet proposed is required.

Development Standards. Parking spaces are required to meet all requirements of the General Parking Standards, Code Section 18.38.060.

Maintenance of off-street construction parking.

Off-street construction parking lots are required to maintained to be mud- free and dustless. If the off-street construction parking lot is located on an unpaved surface, daily street sweeping of surrounding streets is required.

Off-street construction parking lots are required to be free of construction materials and debris at all times
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D. Patrick Henry Specific Plan Parking Requirements. The following parking requirements including those shown in Table 3-2 are required for those zones identified in the Patrick Henry Specific Plan.

Patrick Henry Parking Space Requirements. The following parking space requirements apply:

Table 3-2
Patrick Henry Parking Requirements
Use For Residents/Employees For
Visitors/Customers
Residential Minimum 1 space per unit for
units greater than 550 SF
Minimum 0.5 spaces per unit
for units less than or equal to
550 SF
Minimum 0.05 spaces per
unit
Retail / Flex None required Minimum 1 space per
1,000 SF
Office Minimum one space for each
500 SF of gross floor area
Minimum 1 space per
3,000 SF
Community/Civic None required None required

Parking is not permitted as a stand-alone use.

Shared parking is permitted.

Mechanical lifts/stackers may be used to satisfy minimum requirements.

E. Calculation. The following standards apply to the calculation of vehicle parking spaces in this Chapter.

If the calculation for parking needs results in the requirement for a fraction of a parking space, the value shall be rounded to the nearest whole number.

For the purposes of this Chapter, “square feet” means “gross square feet” and refers to the sum gross square feet of the floor area of a structure and its accessory structures unless otherwise specified. Gross floor area shall not include enclosed or covered areas used for off- street parking or loading, bicycle facilities, heating and air -conditioning equipment, stairs and elevators, mechanical and electrical equipment, and communications equipment.

Except as otherwise provided in Section 18. 38.040 (Exceptions and Reductions to Parking Requirements), where uses or activities subject to differing requirements are in the same structure or on the same site (e.g., mixed- use developments) or are intended to be served by a common facility, the total requirement shall be the sum of the requirements for each use or activity computed separately. The Review Authority for the associated permit or approval, including parking for multiple uses on a site, may restrict the hours of operation or place other conditions on the multiple uses so that parking needs do not overlap and may then modify the total parking requirement to be based on the most intense combination of uses at any one time.

Table 3-3
Off-Street Parking Requirements
Land Use Required Parking Spaces
Residential Uses
Caretaker Housing 1 space per unit
Dwelling, Accessory Unit No additional parking required.

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Table 3-3
Off-Street Parking Requirements
Land Use Required Parking Spaces
Dwelling, Multifamily
Studio and one-bedroom units 1 space per dwelling unit
Two- and three-bedroom units

1.5 spaces per dwelling unit, with each unit
assigned one space and all other spaces to
be provided unbundled
Four- or more bedroom units

1.5 spaces per dwelling unit, with each unit
assigned one space and all other spaces to
be provided unbundled
Dwelling, Single-Family 2 spaces per dwelling unit, which shall be a covered garage or carport
Dwelling, Two-Family
2 spaces per dwelling unit. At least 1 space
for each dwelling unit shall be a covered
garage or carport
Senior Housing 1 space per dwelling unit
Employee Housing 1 space per dwelling unit
Home Occupations No additional spaces required
Live-Work Facilities 1 space per dwelling unit plus 1 for the nonresidential work space
Mixed Use Zones
Single-Family Dwelling 2 spaces per dwelling unit
Multi-Family Dwelling: Studios/1 Bedroom 1 space per dwelling unit Multi-Family Dwelling: 2 or more
Bedrooms 2 spaces per dwelling unit
Retail and Services 4 spaces per 1,000 square feet
Mobile Home Parks 2 spaces per dwelling unit
Organizational Houses 1 space per bedroom
Rooming and/or Boarding Houses 1 space per bedroom
Single Room Occupancy (SRO) Facilities 1 space per bedroom Supportive Housing 1 space per bedroom
Transitional Housing
2 spaces per dwelling unit. At least 1 space
for each dwelling unit shall be a covered
garage or carport
Human Service Uses
Childcare Facilities, Childcare Centers 1 space per 300 square feet Childcare Facilities, Family Day Care Homes
2 spaces per dwelling unit. At least 1 space
for each dwelling unit shall be a covered
garage or carport
Community Care Facilities 1 space per 300 square feet
Residential Care Facilities 1 space for each employee or staff member.

Emergency Shelters 1 space for each employee.

Low-Barrier Navigation Centers 1 space for each employee.

Medical Services, Hospitals 1 space for every 3 beds, plus 1 space per staff doctor, plus 1 space for every 3 staff members
Recreation, Education, and Public Assembly Uses
Assembly Uses 1 space per 50 square feet of usable assembly area
Cemeteries, Mausoleums 1 space for each employee and 10 guest spaces
Commercial Recreation Facilities (indoor and
outdoor)
1 space per 600 square feet
Crematories 1 space per shift employee
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Table 3-3
Off-Street Parking Requirements
Land Use Required Parking Spaces
Golf Courses/Clubhouse
5 spaces per golf course hole, plus 1 space per
250 square feet of retail and dining area, plus
1 space per shift employee
Fitness Facilities (5,000 square feet or less) 1 space per 200 square feet Fitness Facilities (over 5,000 square feet) 1 space per 100 square feet Libraries 1 space per 400 square feet
Museums 1 space per 400 square feet
Mortuaries and Funeral Homes 1 space per 50 square feet Schools
Elementary and Junior High Schools
1 space for each staff member, faculty
member, and employee, plus 10 spaces for
visitor parking, and a designated
loading/unloading zone for school buses.

High Schools
1 space for every 8 students, plus 1 space for
every 2 staff members, faculty members, and
employees, and a designated
loading/unloading zone for school buses.

Colleges and Universities, Public and
Private

0.4 spaces for each enrolled student and
employed staff member
Specialized Education and Training/Studios 1 space for every 5 students Theaters and Auditoriums 1 space per 50 square feet
Vocational/Trade Schools
1 space for every 2 students, plus one space
for each employee, plus 1 space for each fleet
vehicle.

Utility, Transportation, and Communication Use Listings Broadcasting and Recording Studios 1 space per 250 square feet Fuel Storage and Distribution Centers 1 space per 2 employees, plus 2 additional spaces for visitors
Public Safety Facilities Determined through Discretionary Review Transit Stations and Terminals Determined through Discretionary Review Retail, Service, and Office Uses
Adult Oriented Businesses 1 space per 200 square feet
Alcoholic Beverage Sales 1 space per 200 square feet
Ambulance Services 1 space per shift employee, plus 1 space per fleet vehicle
Animal Sales and Grooming Facilities 1 space per 250 square feet Artisan Shops 1 space per 250 square feet
Banks and Financial Service Establishments 1 space per 300 square feet Banks and Financial Service Establishments,
Stand-alone ATM 2 spaces per machine
Bars 1 space per 200 square feet
Bed and Breakfast Inns 1 space per guestroom, plus 1 space for the resident owner or manager
Building Material Stores and Yards 1 space per 250 square feet Business Support Centers 1 space per 250 square feet
Call Centers 1 space per 250 square feet
Data Centers 1 space per 10,000 square feet
Drive-in and Drive-through Establishments 1 space per 200 square feet Equipment Sales and Rentals 1 space per 250 square feet Garden Centers/Plant Nurseries 1 space per 400 square feet Hotels and Motels ½ space per guestroom
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Table 3-3
Off-Street Parking Requirements
Land Use Required Parking Spaces
Kennels 1 space per 750 square feet
Maintenance and Repair Services 1 space per 250 square feet Nightclubs 1 space per 50 square feet
Offices 1 space per 300 square feet
Pawn Shop 1 space per 250 square feet
Personal Services, including Personal
Services, Restricted
1 space per 250 square feet
Restaurants 1 space per 200 square feet
Retail (Small, Medium, and Large Format) 1 space per 200 square feet Veterinary Facilities 1 space per 250 square feet
Vehicle Oriented Uses
Vehicle Rental Facilities 1 space per 400 square feet
Vehicle Sales Facilities, General and
Wholesale
1 space per 400 square feet
Vehicle Sales Facilities, Wholesale 1 space per 1,000 square feet Vehicle Storage Facilities 1 space per 2,000 square feet Vehicle Parts Sales 1 space per 200 square feet
Vehicle Dismantling Facilities 3 spaces, plus 1 space for each employee Car Wash and Detailing Facilities
Full-Service 1 space per shift employee, plus 2 additional spaces
Self-Service 1 space per shift employee, plus 2 additional spaces
Vehicle Fueling Stations 1 space per 400 square feet
Vehicle Repair and Service Facilities (major
and minor)
2 spaces per service bay, plus 1 space per shift
employee
Industrial, Manufacturing, and Processing Uses
Freight Yards/Truck Terminals 1 space per 2,000 square feet Bulk laundry and Dry-Cleaning Plants 1 space per 1,000 square feet Industrial (Minor and Major) 1 space per 1,000 square feet Printing and Publishing Facilities 1 space per 1,000 square feet Recycling Facilities 1 space per employee, plus 5 additional spaces for visitors.

Research and Development Facilities 1 space per 750 square feet Storage, Personal Storage Facilities 1 space per 4,000 square feet Storage, Warehouse 1 space per 2,000 square feet
Wholesaling and Distribution Centers 1 space per 2,000 square feet Wineries, Distilleries, Breweries and Micro-
Breweries
1 space per 1,000 square feet

18.38.040 – Exceptions and Reductions to Parking Requirements The following are exceptions or reductions to the minimum off -street vehicle parking requirements established in Table 3-3 (Off-Street Vehicle Parking Space Requirements) that are available:

A. Shared Parking. In order to encourage efficient use of parking spaces and reduce the amount of land devoted to vehicle parking, the total parking requirements for adjacent compatible land uses that have differing peak parking demand may be based on the number of spaces adequate to meet needs of those individual land uses operating during the peak parking period. A Conditional Use Permit may be Chapter 18.38 Off-Street Parking Regulations and Design Standards

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approved for shared parking facilities serving more than one use on a single site or adjacent sites.

The Conditional Use Permit may allow for a reduction of the total number of spaces required by this Chapter if all the following findings are made:

The peak hours of parking demand from all uses will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces.

A parking demand study prepared by a qualified traffic engineering professional approved by the City supports the proposed reduction.

In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared cons istent with the provisions of Subsection B (Off-Site Parking for Nonresidential Uses). The agreement shall include a guarantee that there will be no substantial alteration in the uses that would create a greater demand for parking without application for approval of an amended discretionary permit.

B. Off-Site Parking for Nonresidential Uses. Parking areas for all nonresidential and mixed uses shall be located on the same parcel with the uses; however, it is recognized that more efficient use of land, business, or organization growth, safety, or similar considerations may make off-site parking desirable.

Therefore, off -street parking areas may be constructed on a parcel separate from the primary structure(s) occupied by the nonresidential uses with approval of a discretionary off-site parking permit.

C. Residential Transportation Demand Management (TDM). In addition to the exceptions in Subsections A. and B. for shared and off -site parking, the Review A uthority may approve an Administrative Permit for a parking reduction in accordance with the following provisions. Any combination of the following programs may be used; however, the total parking reduction shall not exceed 20 percent of required parking.

Reduction for Secure Bicycle Parking. Developments which provide additional secure bicycle parking facilities over and above the minimum requirement of this Chapter may reduce their automobile parking requirement by one vehicle space for every two additional bicycle spaces provided, up to a maximum five percent reduction in total vehicle parking spaces.

Reduction for Parking Near Transit Stops and Stations. Parking requirements may be reduced by a maximum of 10 percent when located within one- quarter mile of a transit stop, and 20 percent for sites located within one-quarter mile of a transit stop at which a minimum of 20-minute peak-hour service is provided.

Carsharing Stalls. Parking requirements shall be reduced by five stalls for each stall that is dedicated and designated for use by a car sharing program. The maximum reduction allowed is five percent of required parking.

D. Non-Residential Transportation Demand Management (TDM). In addition to the exceptions in Subsections A. and B. for shared and off -site parking, the Review Authority may approve an Administrative Permit for a parking reduction in accordance with the following provisions.

A reduction in the required off -street vehicle parking spaces of up to 50 percent may be authorized with an Administrat ive Use Permit for non- residential structures or uses that conform to all of the following:

The structure or use provides bicycle parking spaces in conformance with the requirements in Section 18.38.050 (Bicycle Parking Requirements); and For any project t hat requires a TDM program, the decision maker for the project application shall first find in addition to other required findings that the project applicant has demonstrated that it can maintain the TDM program for the life of the project, and that the TD M strategies proposed provide an offsetting benefit to the parking spaces lost.

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In addition, the applicant is required to implement at least three transportation demand management (TDM) measures from the possibilities below:

Implement a carpool/vanpool or car-share program, e.g., carpool ride-matching for employees, assistance with vanpool formation, provision of vanpool or car -share vehicles, etc., and assign carpool, vanpool and car -share parking at the most desirable on- site locations at the ratio set forth in the development permit or development exception considering type of use; or
Develop a transit use incentive program for employees and tenants, such as on- site distribution of passes or subsidized transit passes for local transit system (participation in the regionwide Clipper Card or VTA EcoPass system will satisfy this requirement); or
Provide preferential parking with charging station for electric or alternatively fueled vehicles; or
Provide a guaranteed ride home program; or
Implement telecommuting and flexible work schedules; or Implement parking cash- out program for employees (non- driving employees receive transportation allowance equivalent to the value of subsidized parking); or Implement public information elements such as designation of an on- site TDM manager and education of employees regarding alternative transportation options; or
Make available transportation during the day for emergency use by employees who commute on alternate transportation (this service may be provided by access to company vehicles for private errands during the workday and/or combined with contractual or pre- paid use of taxicabs, shuttles, or other privately provided transportation); or
Provide shuttle access to Caltrain stations; or
Provide or contract for on-site or nearby child-care services; or Incorporate on-site support services (food service, ATM, drycleaner, gymnasium, etc., where permitted in zoning districts); or
Provide on-site showers and lockers; or
Provide a bicycle-share program or free use of bicycles on-site that is available to all tenants of the site; or
Unbundled parking.

18.38.050 – Bicycle Parking Requirements
A. Purpose. This Section establishes standards for bicycle parking, including Class I and Class II parking types. The purpose of the standards is to provide for adequate bicycle parking, creating a bicycle- friendly and multi-modal transportation network.

B. Applicability. The regulations contained in this Section shall apply to the construction, change, or expansion of a use or structure of more than 10 percent and shall require that adequate bicycle parking areas are permanently pro vided and maintained for the benefit of residents, employees, customers, and visitors, within or outside of a structure.

C. Definitions.

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Class I Bicycle Parking. Class I bicycle parking includes bicycle lockers, rooms with key access for regular bicycle commuters, valet or check in parking, and guarded parking areas.

Class II Bicycle Parking. Class II bicycle parking includes bicycle racks (i.e., inverted U-rack, ribbon rack, wave rack) suitable for easy access of bicycles not within an enclosed structure, pod, or unit.

D. Class I Bicycle Storage Locker Design and Location Requirements. Figure 3- 10 (Class I Bicycle Parking) provides standards for the design and placement of Class I bicycle storage lockers.

Figure 3-10
Class I Bicycle Parking

E. Class II Bicycle Rack Design and Location Requirements. Figure 3-11 (Class II Bicycle Parking) provides standards for the design and placement of Class II bicycle racks.

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Figure 3-11
Class II Bicycle Parking
Required Bicycle Parking. Table 3-4 (Required Bicycle Parking) establishes the minimum number of bicycle parking spaces required for each land use type, regardless of the zoning in which the use is located. If the ratios set by Table 3- 4 would result in one or fewer Class II bicycle spaces, the development shall provide two Class II spaces. If the ratios would result in more than one Class II bicycle space but less than four, the development shall provide four Class II spaces. For commercial and industrial uses, at least 50% of the required bicycle parking spaces must be closer than the closest non-handicapped automobile parking space.

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Table 3-4
Bicycle Parking Requirements
Use Required Long- Term Spaces Required Short- Term
Spaces
Retail Sales/Shopping Center/Financial
Institutions/Supermarkets
Minimum: 1 per 20 employees

Minimum: 1 per 4,000 sq. ft.

Office Buildings/Offices Minimum: 1 per 4,000 sq. ft.

Minimum: 4 per building entrance
Table 3-4
Bicycle Parking Requirements
Use Required Class I Spaces Required Class II Spaces
Residential (such as apartments and
condominiums, with a common parking
area)
Minimum: 1 per unit

In Class 1 bike rooms:
1 electrical outlet per 10 bicycle parking
spaces

All Class 1 bike rooms are also required to
have a bike repair station, with a repair
stand, pump, and tools for maintenance.

Minimum: 1 per 20 units
Schools
• Elementary schools

• Middle schools

• High schools

• Colleges - Student residences

• Academic buildings and other
university facilities

Minimum: 1 per 20 employees

Minimum: 1 per 20 employees

Minimum: 1 per 20 employees

Minimum: 1 per 3 beds + 1 per 20
employees

Minimum: 1 per 10
employees + 1 per
10 student seats

Minimum: 1 per 10 students (in
secure area)

Minimum: 1 per 8 students (in
secure area)

Minimum: 1 per 6 students (in
secure area)

Minimum: 4 per building entrance

Minimum: 1 per 8 student seats

• Parking Garages not
associated with specific land
use type(s)
Minimum: 5% of auto parking
Goal: Provide 25% of ground-floor auto
parking space to secure bicycle parking
Minimum: 5% of Auto Parking
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Hotels/Motels/Bed -&-Breakfasts Minimum: 1 per 20 rooms + 1 per 20 employees

Minimum: 1 per 20 rooms

Hospitals Minimum: 1 per 20 employees

Minimum: 1 per 45 beds

Restaurants Minimum: 1 per 20 employees

Minimum: 1 per 800 sq. ft. of
dining space
Industrial Minimum: 1 per 20 employees OR per
10,000 sq. ft.

Minimum: 1 per 5,000 sq. ft.

Day Care Facilities Minimum: 1 per 20 employees

Minimum: 1 per 40 children
Auto-Oriented Services Minimum: 1 per 20 employees

--
Amphitheaters or Event Centers Minimum: 1 per 20 employees Minimum: 1 per 500 seats

Other Uses Same as most similar use listed Same as most similar use listed Notes.
• The minimum number of required long-term bicycle parking spaces is 4, except when the code would require 1 or less, in which case, 2 bicycle spaces must be provided.
• Employees = maximum number of employees on duty at any one time.

18.38.060 – General Parking Standards
A. Location and Design.

Parking within Sight Distance Triangle. Parking is prohibited within the required sight distance triangle (Section 18.30.030).

Pedestrian Access. Parking spaces shall not impede direct and free access to stairways, walkways, elevators, any pedestrian accessway, or fire safety equipment . Access shall be a clear minimum width of 44 inches, no part of which shall be within a parking space.

Multifamily Parking Proximity. For multifamily residential, parking spaces shall be provide d within 200 feet of the main entrance of the unit(s) they intend to serve.

Unpaved Surface Parking Restriction. All parking areas are required to be mud- free and dustless.

Back-Out Parking. Except for duplexes and single- family residences, all parking areas shall be designed so that vehicles are not permitted to back out of the parking area onto a public street.

Turnaround Areas. Parking spaces shall be provided with adequate drive aisles or turnaround areas so that all vehicles may enter a street in a forward manner.

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Wheel Stops. Wheel stops shall be provided for all parking spaces that face landscaped areas or pedestrian walks in order to protect the landscaping and irrigation systems from damage from the front part of the car and to allow adequate space for pedestrian movement.

B. Parking Space and Drive Aisle Dimensions for Parking Lots.

General Parking Space and Aisle Standards. All surface parking lots shall be designed in compliance with the minimum City standards for stalls and aisles as set forth in Table 3 -4 (Parking Space and Drive Aisle Dimensions) and illustrated in Figure 3-12 (Parking Space and Drive Aisle Dimensions). Parking spaces not open on both sides shall have an extra foot in width.

Compact Parking. Up to 25 percent of the required number of parking spaces may be sized for compact cars for all commercial, industrial, and institutional uses, and for unassigned stalls for residential uses with more than 25 spaces. As used in this paragraph, “required number of parking spaces” shall mean the number of spaces required after any reductions have been taken in compliance with Section 18. 38.040.c. Compact car spaces shall comply with the following standards:

Compact car parking spaces shall be clearly marked “compact cars only,” “compact,” or “c.”
Compact car spaces shall incorporate design techniques including the use of lampposts, bollards, or extra landscaped areas at the front of compact spaces, or the location of compact spaces shall be ar ranged to preclude the parking of standard sized vehicles in compact vehicle spaces.

Unistall Parking. Parking lots which apply unistall parking spaces for all parking stalls using the unistall parking standards shown in Table 3-5 (Parking Space and Drive Aisle Dimensions) shall not provide compact parking per Subsection 3 (Compact Parking) below.

Table 3-5
Parking Space and Drive Aisle Dimensions

Stall Type
Minimum Space and Aisle Dimensions
Stall Width
(feet)
Stall Length
(feet)
Stall Depth
from aisle to
curb (feet)
Drive Aisle Width
One-Way Two-Way
Parallel 9 20 9 12 18
30 Degree 9 18 15 14 18
45 Degree 9 18 19.1 14 18
60 Degree 9 18 20.3 16 18
90 Degree 9 18 18 20 24
Unistall 8.5 17
- Same as standard stalls per
stall type
Compact
Stalls, all
angles
8 16

Figure 3-12
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Parking Space and Drive Aisle Dimensions

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C. Driveways.

Driveways to parcels located at the intersection of two streets shall, where feasible, be located on the lesser street. Determination of which street is lesser shall be made by the Director based on total paving width, amount of traffic, adjacent traffic c ontrols, and likely destinations along each street in question.

Driveways serving parcels located at the intersection of two streets shall be located at the maximum practical distance from the intersection.

Not more than 25 percent of parcel frontage may be devoted to driveways, except for parcels fronting cul-de-sacs, subject to City Engineer approval.

Driveways on the same parcel shall be at least 24 feet apart.

Driveways shall be adjacent to a property line, but in no case may driveways on adjoining properties be closer than three feet, except where recorded mutual easements provide for a common driveway along the property line. C ommon driveways shall be subject to all other requirements and specifications.

No driveway shall be located less than three feet from the center of a fire hydrant, utility pole, or streetlight standard.

No driveway shall be located less than five feet from the center of a traffic signal standard.

No driveway may be constructed across any curbing or sidewalk or connect ed with any uncurbed roadway without first securing a discretionary permit from the City . All driveway construction must conform to City standards and specifications and shall be subject t o City inspection.

One-way driveways for residences serving not more than three garages or parking spaces shall be at least a minimum width of 10 feet (8- foot pavement with 1- foot clearance on each side).

For one- and two- family residences, driveways shall not exceed 20 feet nor exceed two in number for each property. Approaches to one-lane driveways may be 20 feet wide.

One-way driveways providing access to more than three residential parking spaces or garage spaces shall be at least a minimum width of 12 feet (10-foot pavement with one-foot clearance on each side).

Two-way driveways providing access to less than 25 residential parking spaces or garage spaces shall be at least a minimum width of 14 feet (12 feet of pavement with one- foot clearance on each s ide). Widths of driveways shall be measured along lowered curb section and shall not exceed 30 feet.

Two-way driveways providing access to 25 or more residential parking spaces or garage spaces shall be at least a minimum width of 26 feet (24-foot pavement with one-foot clearance on each side). Widths of driveways shall be measured along lowered curb section and shall not exceed 30 feet.

One-way driveways providing access to all properties other than stand- alone residential shall be a minimum width of at least 14 feet (12 feet of pavement with one- foot clearance on each side).

Two-way driveways providing access to all properties other than stand-alone residential shall be a minimum width of at least 22 feet (20 feet of pavement with one- foot clearance on eac h side).

D. Single- and Two-Family Dwellings. Off-street parking and driveways for single- family attached and attached dwellings, and two-family attached dwellings shall meet the following requirements:

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within an enclosed structure and shall not be parked or stored in any required front yard within a residential zone.

Each parking space shall be at least 8.5 feet wide by 18 feet deep.

The minimum driveway width shall be 10 feet.

Minimum driveway length between parking and any public right-of-way line , not including alleys, shall be a minimum of 20 feet.

Parking shall be provided on the same lot as the dwelling.

Parking shall not be located within the required setbacks, except for Approved accessory structures may be allowed in setbacks where authorized by Section 18.60.030 (Accessory Structures and Uses).

The required parking shall not be located within the required yard area, except the required parking may be provided in the rear yard only when an alley is available for access.

All vehicles are required to be parked on a continuously paved surface. Drivew ays and driveway approaches shall be paved.

E. Parking Structure Standards . The following standards apply to structured parking facilities (i.e., parking garages). They are intended to limit parking structure impacts on the pedestrian environment and reduce opportunities for crime in parking structures.

Sidewalks. Parking structures shall not occupy more than 50 percent of the length of a building’s street-level frontage adjacent to a sidewalk.

Parking Structure Openings. These standards apply to parking structures for five or more vehicles. Parking structure openings, including vehicular access openings, shall not exceed 50 percent of the total ground-floor facade adjacent to a public street or sidewalk. Parking structure openings at the level of and facing a street, alley, courtyard, plaza, or open parking area shall incorporate decorative grilles, architectural elements, planters, and/or artwork that screen - views of vehicles in the parking structure while still allowing limited visibility into and out of the garage. Any portion of the screening that is between 3 and 7 feet above the adjacent grade shall be at least 20 percent transparent but not more than 80 percent transparent. Vehicular access openings shall be exempt from this standard.

Minimum Landscaped Area Required. A parking structure located in a commercial or industrial zoning district (including mixed-use) adjacent to a public right -of way shall have a minimum 5-foot-wide landscaped area between the structure and the sidewalk , except where the parking structure contains ground-floor commercial uses.

F. Carpool/Vanpool Vehicles Parking. Where included, carpool/vanpool spaces shall comply with the following provisions:

Parking spaces designated for carpool /vanpool use should be those closest to the structure entrance or elevator, but not closer than the spaces for disabled parking and those designed or intended for exclusive customer use.

Carpool/vanpool spaces shall be clearly marked with signs or painted markings within the spaces, indicating that the spaces are reserved for carpool/vanpool use.

G. Electric Vehicle Charging Stations. Electric vehicle pre -wiring shall be provided for residential and nonresidential land uses according to the requirements of Chapter 15.38 of the City Code (Green Building Standards Code).

H. Motorcycle Parking. Where included, motorcycle parking facilities shall be in a convenient, highly visible, and well lighted area to minimize theft and vandalism, generally within 50 feet of a building Chapter 18.38 Off-Street Parking Regulations and Design Standards

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entrance, adjacent to handicapped parking and within view of pedestrian traffic. Motorcycle parking spaces may be in areas that are otherwise unusable for automobile parking (such as in corners, at aisle ends, and near pillars). Motorcycle parking spaces shall be a minimum of three feet wide by eight feet long and shall provide an adequate maneuvering area to permit easy access to the space. See Table 3-7 (Motorcycle Parking Requirements) and Figure 3-13 (Motorcycle Parking Configuration).

Figure 3-13
Motorcycle Parking Configuration

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Table 3-7
Motorcycle Parking Requirements
Use Number of Off-Street Vehicle
Spaces Provided
Minimum Number of
Motorcycle Parking Spaces
Required
Commercial and
Mixed-Use
1-25 spaces None Required.
26-50 spaces 1 space
50-100 spaces 2 spaces
Greater than 100 spaces 2 spaces, plus 1 space for each 100 vehicle spaces
Residential
1-6 None Required.

Greater than 6 spaces ½ space for every 6 vehicle spaces for more than two dwelling units.

I. Lighting. See outdoor lighting standards in Section 18.40.080 (Outdoor Lighting).

J. Signs. Directional signs are permitted in parking areas in accordance with the sign regulation in Chapter 18.42 (Sign Standards).

K. Setbacks. Parking areas, including spaces, aisles, and turnaround and maneuvering areas, shall not occupy required setbacks. Driveways shall not occupy a yard setback or buffer except to pass through the yard in order to connect directly to a public street or as necessary for shared driveways and internal access between uses on abutting parcels.

L. Pedestrian Walkways. Pedestrian walkways shall be designed to provide pedestrians safe passage throughout parking lots. Pedestrian walkways must comply with the following provisions: A continuous walkway must connect the primary entrances of the structure(s) on the site to the parking lots.

There must be a walkway along at least one side of drive aisles leading to primary entrances.

Where parking lots are located between a public right -of-way and a primary entrance into a site’s primary use structure, a continuous walkway shall be provided through the parking lot that connects the public right-of-way and the primary entrance.

18.38.070 – Off-Street Loading
A. Purpose. The purpose of these regulations is to provide the number , size, location, and screening requirements for loading areas for mixed- use, commercial, and industrial uses. The intent of these regulations is to minimize disruptions of traffic flow by freight-carrying vehicles and to minimize impacts to vehicular and pedestrian conflicts.

B. Applicability. Off street loading areas are required for all commercial and industrial land uses equal to or greater than 20,000 square feet in size. Compliance with the standards shall be determined in conjunction with discretionary permits or approvals (e.g., Architectural Review). At a minimum, Zoning Clearance is required to determine compliance with the standards of this Section.

C. Required Loading Spaces for Delivery and Distribution—Warehouse and Distribution Primary Uses. A structure, or part thereof, having a floor area of 20,000 square feet or more that is to be occupied by any use requiring t he receipt or distribution by vehicles or trucks of material or merchandise must provide at least one off -street delivery loading space, plus one additional such delivery loading space for each additional 40,000 square feet of floor area in excess of 20,000 square feet. The delivery loading space(s) must be maintained during the existence of the building or use it is required to serve. Truck -maneuvering areas must not encroach into required parking areas, travel ways, or street rights-of-way (see Figure 3-14 (Delivery Loading Areas)).

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D. Required Spaces for Delivery and Distribution – Other Non-Residential Uses. A structure, or part thereof, having a floor area of 20,000 square feet or more that is to be occupied by a manufacturing facility, retail store, hotel, hospital, laundry, wholesale store, or other use similarly requiring the receipt or distribution by vehicles or trucks of material or merchandise must provide at least one off -street delivery loading space, plus one additional such delivery loading space for each additional 100,000 square feet of floor area in excess of 100,000 square feet. In multi-tenant buildings, a common loading area may be required. Drive-in roll-up doors may be substituted for loading areas. The delivery loading space(s) must be maintained during the existence of the building or use it is required to serve. Truck - maneuvering areas must not encroach into required parking areas, travel ways, or street rights-of-way (see Figure 3-14 (Delivery Loading Areas)).

E. Location and Dimensions. The minimum size for each delivery loading space required by this Section must be not less than 12 feet w ide, 30 feet long, and 15 feet high, exclusive of driveways for ingress and egress and maneuvering areas. See Figure 3-14 (Delivery Loading Areas).

Figure 3-14
Delivery Loading Areas

F. Access. Each off -street delivery loading space required by this Section shall be provided with driveways for ingress and egress and maneuvering space adequate for trucks. All loading spaces shall be designed to ensure ingress and egress in a forward manner.

G. Screening. See Section 18.34.040.H for screening requirements of loading docks.

H. Location of Loading Areas.

The off-street loading areas (both delivery and customer), regardless of the development type, shall be on the same parcel as the structure they are intended to serve.

No loading space shall be located so that a vehicle using the loading space projects into any public street.

The off-street loading areas shall be designed and located so that loading vehicles are not parked in required setbacks, driveways, or required parking spaces during loading activities.

An off-street delivery loading space (excluding loading spaces for customers) required by this Section shall not be located closer than 30 feet to any parcel in a residential zone, unless the

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off-street loading space is wholly enclosed within a structure or on all sides by a wall not less than eight feet in height.

In industrial zones, a maximum of two loading spaces shall be permitted on the street side of any structure located within 60 feet from the street right-of-way. There is no restriction on the number of loading spaces located more than 65 feet from the street right-of-way.

No loading space may be located in a required yard setback.

I. Modifications. In approving a project, the Review Authority may modify the number and size of loading spaces required because of the nature of the use or the design of the project.

18.38.080 – Maintenance
The minimum number of parking spaces required in this Chapter shall be provided and continuously maintained. A parking, loading, or bicycle parking area provided for the purpose of complying with the requirements of this Chapter shall not be eliminated, reduced, or converted unless equivalent facilities are approved by the Review Authority in compliance with this Chapter.

18.38.090 – Valet Parking
A. Valet Parking. Valet parking is permitted subject to the issuance of a Minor Use Permit, issued by the Director.

1. The proposed valet parking use must, at a minimum, maintain the number of parking spaces that exist on the site.

B. Temporary Valet Parking. In a circumstance involving a non- reoccurring special event or special needs of an applicant to commence operations prior to the time a Minor Use Permit application can be processed for valet parking service, a Temporary Use Permit for a period of operation not exceeding seven calendar days may be issued by the Director in compliance with Chapter 18.122, accompanied by the applicable fees, and the certificate of insurance. Any other requirement of this Section may be waived by the Director, if the Director determines that it would be impractical for the applicant to comply with the require ment and that compliance with the requirement is not necessary in order to protect the interest of the City or the public peace, health, or safety.

18.38.100 – Recreational Vehicle Parking in Residential Zones A. Purpose. It is the intent of this Section to establish regulations that apply to the storage and/or parking of trailers, boats, and other recreational vehicles in the City. As applied to this Section, “storage” and “parking” shall be used interchangeably.

B. Residential Zones.

In residential zones, recreational vehicles, boats and trailers may be stored only on property on which the vehicle’s owner resides. Storage is permitted outside a structure on a continuously paved, graveled, or approved alternative material dr iveway, provided all of the following conditions exist:

The vehicle is stored perpendicularly to the front curb; No part of the vehicle extends over the public sidewalk or public thoroughfare (right-of- way);
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No more than one recreational vehicle, boat or t railer is stored in the front setback of each residential unit;
The vehicle is stored at least three feet from side and rear property lines; and The vehicle does not block access to or occupy any required parking spaces.

In residential zones, stored recreational vehicles, boats and trailers shall not be:

Used for dwelling purposes, except for temporary residential use during the construction of a permanent dwelling with the approval of a Temporary Use Permit (Chapter 18.122).

Permanently connected to sewer lines, water lines, or electricity. Temporary electrical connections for charging batteries and the use of electricity or propane fuel are permitted only when necessary to prepare a recreational vehicle for immediate use and are allowed for a maximum of 72 hours.

Used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.

C. Non-Residential Zones. An operable recreational vehicle, boat or trailer may be stored in all non- residential zones (excludes mixed- use), where the vehicle belongs to the property owner or the property owner provides written permission allowing the storage. Storage allowed under this Subsection shall be limited to a maximum of three vehicles at any one time. Storage of more than three recreational vehicles, boats, and/or trailers shall be considered a commercial use and shall follow applicable Zoning Code requirements regulating that use. The following rules shall apply to recreational vehicle, boat, and trailer storage in non-residential zones:

Storage is permitted inside any enclosed structure that conforms to the requirements of the particular zone in which the structure is located.

Storage is permitted outside in a side or rear setback, provided it is not nearer than two feet to the parcel line.

Stored recreational vehicles, boats, and trailers shall not be:

Used for dwelling purposes.

Permanently connected to sewer lines, water lines, or electricity. Temporary electrical connections for charging batteries and the use of electricity or propane fuel are permitted only when necessary to prepare a recreational vehicle for immediate use.

Used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.

The vehicle may not block access to or occupy any required parking spaces.

18.38.110 – Off-Site Designated Parking: Alternate Parking Location A. Permit Approval. Approval of a Minor Use Permit in compliance with Chapter 18. 124 (Conditional Use Permits and Minor Use Permits) shall be required for a parking facility or any portion of required parking that is not located on the same site as the use it is intended to serve.

A. Applicability. Off-site parking in residential zones (excluding mixed-use and Downtown) is prohibited.

B. Enforcement. No person shall solicit off-street parking without having first obtained an off-site parking permit.

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C. Application. All property owners, except the City, Housing Authority and Stadium Authority, who seek to provide parking on their parcel or site for a project or use elsewhere, shall submit an application including the following:

Aerial photo(s) illustrating the boundaries of the parcel or site generating the parking demand and the parcel or site providing the off -street parking. Aerial photo(s) shall clearly indicate the distance between the project site and the off-site parking locations. A pedestrian path of travel between the parcels or sites shall also be illustrated on the aerial photo(s).

A site plan for the site or parcel where the off -site parking will be provided. The site plan shall clearly illustrate all parking spaces, the dimensions of parking spaces, a parking space count, any parking spaces reserved for on-site use(s), driveways, curb cuts, drive aisles, landscaping, signage and light standards.

A written description of the off-site parking, which shall include, but not be limited to:

Days/hours of availability for off-site parking;
The term of the off-site parking availability (e.g., annual, until sale of property, etc.); Responsible party for off-site parking management;
A written statement acknowledging that designated off -site parking spaces are exclusively for the benefit of off-site uses, and are not available for concurrent use to meet on-site parking demand;
Description/count of stalls available under the off-site parking permit; and Existing uses on the parcels or sites providing the off -site parking, and the associated parking requirement.

Application submittal fees as indicated in the City’s adopted planning application fee schedule for Zoning Administrator actions.

D. Findings. In order to approve a Minor Use Permit for an off-site parking facility, the Review Authority shall make all of the following findings in addition to those required for the approval of a Minor Use Permit:

The parking facility is located within 1,000 feet of the parcel line of the subject property where the use it is intended to serve;
On-street parking is not being counted towards meeting parking requirements; Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area;
The parking facility will be permanently available and maintained for the use it is intended to serve; and
Those sites providing parking for events at sports or entertainment venues located north of State Highway 101 are in compliance with the requirements of any City -adopted parking program for this area.

E. Parking Agreement. A parking agreement, which guarantees the long-term availability of the parking facility for the use it is intended to serve, shall be recorded with the County Recorder. The agreement shall be in a form approved by the City Attorney and the Director.

F. Off-Site Parking Permit Requirements. Off-site parking permits shall be managed by the owner of the property providing the off -site parking. The property owner responsible for the off -site parking permit shall ensure compliance with the following requirements (Conditions of Approval):

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Adopted Parking Program. Off-site parking permits for sites providing parking for events at sports and entertainment venues located north of S tate Highway 101 shall comply with all requirements of any City Council-adopted parking program for this area, including payment of any fees necessary to mitigate the costs affiliated with the parking program.

Waste and Recycling Receptacles. Waste and rec ycling receptacles shall be provided for use by individuals utilizing the off -site parking lot. Any waste or recyclables blown or thrown into the public right-of-way or onto adjacent properties by individuals utilizing the off-site parking lot shall be picked up in a timely manner.

Lighting. Adequate lighting facilities shall be provided and maintained on the off -site parking lot, consistent with the site plan approved with the off-site parking permit application. Any such lighting shall be directed and mai ntained so as not to interfere with persons using any public street or improvement, or unnecessarily with the use and enjoyment of any adjacent property.

Signage. The off-site parking lot shall not be used for advertising, unless otherwise permitted in an adopted parking program. A sign or signs may be installed to indicate the name of the business, activity or event that the parking lot serves. Necessary traffic -control and disclaimer signs are also permitted and not included in the maximum permissible sign area. All signs shall be shown on the site plan. The area of all signs shall be calculated in accordance with this title.

The maximum permissible signage shall be one sign per each entrance to the parking lot, with the maximum size of each sign not exceeding twelve (12) square feet, excluding the temporary and permanent signage otherwise allowed for the primary use on the property and any temporary signage permitted as a component of an adopted parking program.

Security. For special event parking, security may be required for the duration of the event.

Parking Lot Surfacing. The area reserved for parking and all vehicular and pedestrian access ways shall be appropriately surfaced to the satisfaction of the Zoning Administrator.

Landscaping. Existing site landscaping and landscape features, such as water features and sculptures, shall be maintained consistent with the requirements of this title.

Existing Nonconforming Conditions. For purposes of this Section, physical conditions on the site that are legally nonconforming with respect to current standards of the applicable zoning district shall not be required to be rectified as a condition of permit approval.

G. Loss of Off-Site Parking.

Notification to City . The owner or operator of a business t hat uses an approved off -site parking facility to satisfy the parking requirements shall immediately notify the Director of any change of ownership or use of the property where the spaces are located, or changes in the use that the spaces are intended to s erve, or of any termination or default of the agreement between the parties.

Effect of Termination of Agreement. Upon notification that the agreement for the required off-site parking has terminated, the Director shall establish a reasonable time in which one of the following shall occur:

Substitute parking is provided that is acceptable to the Director; or The size or capacity of the use is reduced in proportion to the parking spaces lost.

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Chapter 18.40 - Performance Standards
Sections

18.40.010 – Purpose and Applicability

18.40.020 – Compliance

18.40.030 – Air Emissions

18.40.040 – Dust

18.40.050 – Hazardous Materials

18.40.060 – Noise and Vibration

18.40.070 – Odor

18.40.080 – Outdoor Lighting

18.40.090 – Heat, Electrical Disturbance, and Glare

18.40.100 – Wastewater

18.40.010 – Purpose and Applicability
A. Purpose. The purpose of this Chapter is to ensure compatibility between land uses by specifying standards and provisions, whether generic or qualitative, for dust, heat, electrical disturbances, fumes, vapors, odor, noise, lighting, glare, vibration, and other performance-based considerations.

B. Applicability. The following provisions, standards, and specifications apply to all properties, structures, uses, and activities in all zones, unless an exception is specifically noted.

18.40.020 – Compliance
The Director may require evidence of ability to comply with any of the following performance standards as deemed necessary prior to approval of a plot plan or issuance of a Zoning Clearance.

18.40.030 – Air Emissions
Any air emissions shall comply with the Bay Area Air Quality Management District (BAAQMD) standards.

18.40.040 – Dust
No urban land use shall create dust which leaves the boundaries of the project site.

18.40.050 – Hazardous Materials
A. Hazardous Materials. Hazardous materials shall include all substances on the comprehensive master list of hazardous materials compiled and maintained by the California Department of Health Services.

B. Storing, Handling, and Transportation. The use, handling, storage and transportation of hazardous materials shall comply with all applicable requirements of state law, as may be amended, including but not limited to Government Code Section 65850.2, California Code of Regulations, Title 23, Chapter 15, Articles One through Four , Health and Safety Code Section 25505, and Part V of the California Fire Code.

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18.40.060 – Noise and Vibration
Noise and vibration disturbances from fixed sources and/or from off-street operations on construction sites shall comply with the standards and provisions in SCCC Chapter 9.10 (Regulations of Noise and Vibration).

Existing uses rezoned to new districts are subject to the legal non-conforming provisions of this Code.

18.40.070 – Odor
No use shall emit any offensive odor off -site based on typical human reaction except normal odor associated with certain land uses. Bay Area Air Quality Management District (BAAQMD) shall determine whether or not the off-site odor is offensive or causes a nuisance.

18.40.080 – Outdoor Lighting
A. Purpose. The purpose of this Section is to regulate outdoor lighting to balance the safety and security needs for lighting with the City’s desire to preserve dark skies and to ensure that light trespass and glare have a negligible impact on surrounding property (especially residential) and roadways.

B. Applicability. The requirements of this Section apply to all new development. Whenever a person is required to obtain a Building Permit, Electrical Permit, and/or approval of a discretionary permit, the applicant shall submit sufficient information for the Review Authority to determine whether the proposed lighting will comply with the requirements of this Section.

C. Exempt Lighting. The following shall be exempt from the requirements of this Section:

Temporary lights used for holiday decorations.

Emergency lighting erected for official purposes by local, State, or Federal agencies.

Lighting for temporary uses and special events permitted consistent with this Zoning Code.

D. Prohibited Lighting. The following types of lighting are prohibited:

Search lights, laser source lights, or any similar high- intensity light, except for emergency use by police or fire personnel or at their discretion, or for approved temporary lighting for a special event approved by the City.

Lighting fixtures operated in a manner as to constitute a hazard or danger to persons or to safe vehicular travel.

Roof-mounted lighting except for security purposes.

Moving, flashing, or animated lighting.

E. General Lighting Requirements.

Nuisance Prevention. All outdoor lighting shall be designed, located, installed, directed downward or toward structures, fully shielded, and maintained in order to prevent glare, light trespass, and light pollution and away from adjoining properties and public rights -of-way, so that no light fixture directly illuminates an area outside of the project site . See Figure 3- 16 (Shielding and Maximum Height of Freestanding Outdoor Light Fixtures).

Maintenance. Fixtures and lighting shall be maintained in good working order and in a manner that serves the original design intent.

Lighting fixtures shall be weather and vandal resistant.

Burnt-out and broken light bulbs shall be replaced immediately.

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Lighting fixtures shall remain free of graffiti and rust.

Painted light fixtures shall be maintained to minimize chipping or peeling.

Level of Illumination. Outdoor lighting shall be designed to illuminate at the minimum level necessary for safety and security and to avoid the harsh contrasts in lighting levels between the project site and adjacent properties.

Signs. Lighting of signs shall be in compliance with Chapter 18.42 (Signs).

Sports Fields/Outdoor Activity Areas . Where playing fields or other specialty activity areas are to be illuminated, lighting fixtures shall be mounted, aimed, and shielded so that the light falls within the primary playing area and that light levels at the adjacent parcel are less than 0.1 foot-candle. Additionally, the lights shall be turned off within one hour after the end of the event.

Maximum Height of Freestanding Outdoor Light Fixtures . The maximum height of freestanding outdoor light fixtures on nonresidential property abutting residential development shall be 15 feet. The height limit for light fixtures in industrial zoning districts is 25 feet. In all other nonresidential development types, the maximum height for freestanding outdoor light structures shall be 20 feet. Height shall be measured from the finish grade to the bottom of the lens of the fixture. See Figure 3 -15 (Shielding and Maximum Height of Freestanding Outdoor Light Fixtures).

Figure 3-15
Shielding and Maximum Height of Freestanding Outdoor Light Fixtures Energy-Efficient Fixtures Required . Outdoor lighting shall use dimmable white lighting and comply with all applicable requirements of the California Electrical Code . All new outdoor lighting fixtures shall be energy efficient with a rated average bulb lif e of not less than 10,000 hours.

Accent Lighting. Architectural features may be illuminated by up- lighting, provided that the lamps are low-intensity and no glare or light trespass is produced.

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Alternative Designs, Materials, and Installations. The Review Authority may grant approval of alternatives to this Section as part of the Site Plan and Design Review process (Chapter

18.120).

18.40.090 – Heat, Electrical Disturbance, and Glare
No use shall create any heat, electrical disturbances, or glare based on typical human reaction beyond the boundaries of the subject parcel. No use shall cause electromagnetic interference with normal radio or television reception or with the function of other electronic equipment beyond the property line of the parcel on which they are located.

18.40.100 – Wastewater
A. Discharge Limitations . No person or use shall discharge fluids of any kind into a public or private sewage system, water course, body of water, or the ground, except in full compliance with applicable regulations of the California Regional Water Quality Control Board (California Code of Regulations, Title 23, Chapter Three and California Water Code, Division Seven).

B. Compliance. Discharge into the City’s sewer system shall comply with the City’s discharge requirements.

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Chapter 18.42 - Sign Standards
Sections:

18.42.010 – Purpose and Applicability

18.42.020 – Effect of Chapter

18.42.030 – Definitions

18.42.040 – Sign Permit Required

18.42.050 – Comprehensive Sign Program

18.42.060 – Application and Review of Sign Permits

18.42.070 – Exempt Signs

18.42.080 – Prohibited Signs

18.42.090 – Billboards

18.42.100 – Temporary Signs

18.42.110 – Standards for Signs Requiring a Sign Permit

18.42.120 – Standards for Specific Sign Types

18.42.130 – Iconic Signs

18.42.140 – Electronic Digital Display Message Signs

18.42.150 – Signs in Residential Zones

18.42.160 – Signs in Commercial and Mixed-Use Zones

18.42.170 – Signs in Office and Industrial Zones

18.42.180 – Sign Construction and Maintenance

18.42.190 – Removal of Unlawful, Unsafe, and Unauthorized Signs

18.42.200 – Nonconforming Signs

18.42.210 – Revocation of Sign Permits

18.42.010 – Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish sign regulations that are consistent with the goals, objectives, and policies of the General Plan, maintain the City’s visual and aesthetic quality, provide adequate identification for uses and activities and im prove wayfinding. The City recognizes that signs are an essential element of a community’s visual appearance and provide a means to identify places and promote commerce, provide useful information to the public, and should not become visual distractions along public roadways. These regulations are intended to protect the public health, safety, and welfare. In addition, these regulations are intended to:

Encourage consolidation of signs to reduce visual clutter.

Promote signs that are attractive, pleasing, and harmonized with the physical character of the structure and environment of surrounding properties.

Promote economically stable and visually attractive places in the City.

Prevent an inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message.

Encourage excellence of design.

Improve traffic safety and the smooth and efficient flow of pedestrians, bicyclists, and vehicles to their destinations.

Direct persons to various activities and enterprises, to provide maximum public convenience.

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B. Applicability. It is unlawful to post, erect, re- erect, construct, enlarge, alter, repair, move, improve, remove, convert, or equip any sign or sign structure, or paint a new sign, in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Chapter. Properties located within an area governed by a specific plan are subject to regulations in this Chapter . The provisions of this Chapter shall apply only to the extent the specific or master plan does not regulate a particular sign or provide a standard or regulation and is not in conflict with the provisions of the plan.

C. Maximum Allowed Sign Area. All signs allowed by this Chapter shall be countable toward the maximum allowed sign area unless stated otherwise in this Chapter.

18.42.020 – Effect of Chapter
A. Content Neutrality. It is the City’s policy and intent to regulate both commercial and noncommercial signs from a viewpoint-neutral and content-neutral manner. The message of the sign shall not be read or evaluated, except to determine the type and category of the sign.

B. Message Substitution. Signs authorized by this Chapter are allowed to display noncommercial messages in lieu of any other commercial or noncommercial messages. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech or favoring of any specific noncommercial message over any other noncommercial message.

18.42.030 – Definitions
A-Frame Sign. A freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A." These signs are usually designed to be portable.

Animated Sign. A sign with motion, flashing lights or color or intensity changes requiring electrical energy or electronic or manufactured sources of supply. Animated sign does not include a sign which tells only time and temperature in alternating sequence.

Awning, Canopy, Marquee sign. A nonelectric sign that is printed on, painted on, or attached to an awning, canopy or marquee and is only permitted on the vertical surface or flap (see Figure 3-17).

Billboard. An off-site freestanding sign.

Building Frontage. The side of the building facing and measured parallel to the street for a single tenant.

On a corner parcel, either side may be considered for the structure frontage. For a multi -tenant building, building frontage is the frontage facing the interior parking lot.

Cabinet Sign. Also referred to as wall sign or box sign, are internally illuminated signs, typically mounted to a storefront wall with interchange panel that include sign text.

Comprehensive Sign Program. A program that is required for all new commercial, mixed-use, office, and industrial developments with five or more signs and optional for all new commercial, mixed-use, office, and industrial developments with less than five signs.

Directory Sign. A sign for listing the tenants or occupants of a structure or center. This sign may be combined with the logo sign (see Figure 3-20).

Directional Sign. A sign indicating where customers or clients need to be directed by means of arrows (see Figure 3-19).

Eaveline. The lowest level of a roof, eave or parapet.

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Freeway- and Expressway-Oriented Signs. A freestanding sign that is only allowed along designated freeway and expressway roadways (i.e., Highway 101, 237, Interstate 280, El Camino) by the City and is oriented for high-speed vehicle traffic.

Foot-candle. A unit of illuminance or illumination, equivalent to the illumination produced by a source of one candle at a distance of one foot and equal to one lumen incident per square foot.

Fin, Feather or Sail Sign. A freestanding vertical banner which moves by the wind.

Freestanding Drive-Thru Menu Board. A freestanding sign which is located in the adjacent to the drive aisle for a drive-thru establishment. Typically, these signs include a menu of options and prices (see Figure 3-26).

Freestanding Sign. A sign which is supported by one or more uprights, braces, poles, or other similar structural components that are not attached to a structure (see Figure 3-21).

Graphics. Decorative portion of a sign not containing a commercial message, trademark or logo-type brand name.

Iconic Sign. A sign that is considered historically significant to the City, determined by established criteria and standards (see 18.42.130).

Logo Sign. A trademark or symbol of any business or organization. This sign may be combined with the directory sign.

Luminous Tube Sign. A sign that consists of or is illuminated by exposed electrically charged gas -filled tubing (e.g., neon and argon signs), or by fiber optics, or LEDs (see Figure 3-23).

Menu Board. Menus displayed on the exterior premises of a restaurant (see Figure 3-25).

Monument Sign. A monument sign is a type of Freestanding Sign that has a solid base that extends from ground level, without the use of exposed poles or pylons (see Figure 3-21).

Nameplate. A sign indicating the name and/or address of a structure or occupant.

Nonconforming Sign. A sign that was originally lawfully erected and maintained, but which does not conform to the current standards of this Chapter or is now prohibited.

Obsolete Sign. Sign with no relevant identification or message for a discontinued use, activity or need as displayed on the sign.

Off-Site Sign. A sign which advertises a business, product, service or entertainment primarily conducted, sold or offered other than upon the parcel where the sign is located.

On-Site Sign. A sign which advertises a business, product, service or entertainment primarily conducted, sold, or offered on the premises where the sign is located. Also, cited as on-site sign.

Painted Wall Sign. A sign that is applied with paint or similar substance on the surface of a wall or fence (see Figure 3-24).

Parapet. The extension of a false front or wall above a roofline.

Portable Sign. A sign that is not permanently affixed to a structure or the ground.

Projecting Sign. A sign that projects from and is supported by a wall of a structure (see Figure 3-28).

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Real Estate Sign. A sign advertising real property for sale, exchange, lease, or rent.

Roof Sign. A sign erected, constructed, or placed upon or over a roof of a building, including a mansard roof and which is wholly or partially supported by such buildings.

Service Station Gas Price Sign. A sign containing prices and grades of fuel for sale at a service station (see Figure 3-27).

Sign. A structure or visual device or representation designed and used for the purpose of communicating a message or identifying or attracting attention to a parcel, product, service, person, cause or event.

Sign Area. An area designated by a maximum of eight straight connected lines which enclose all words, letters, figures, symbols, designs, and pictures, together with all framing, background material, colored or illuminated areas and attention attracting devices forming an integral part of an individual mess age (see Figure 3-16).

Sign Height. Sign height is measured by the vertical distance from the top of nearest street curb.

Subdivision Entry Sign. A monument sign identifying a subdivision and located at the entrance of a subdivision (see Figure 3-18).

Temporary Sign. A sign intended to be displayed for a limited period only, including, but not limited to, any sign, display board, handbill, poster, banner, pennant, streamer, whirligig, valance or advertising display constructed of plastic, paper, cloth, canvas, light fabric, cardboard, wallboard or other light materials (with or without structural frame).

Vehicle Sign. A sign which is attached to or painted on a stationary vehicle which is parked on or adjacent to a property with the principal purpose of attracting attention to a product sold, or activity or business located on the property.

Wall Sign. A sign attached (including painted signs) to a wall within the basic structure form. (see Figure 3-29).

Wind-Activated Signs. Signs that are move or are activated by wind. Wind- activated signs include pennants, spinners, banners, and unofficial flags or other similar specialty items

Window Sign. A sign that is applied or attached to a window located in such a manner that it can be seen from the exterior of the structure (see Figure 3-30).

18.42.040 – Sign Permit Required
A Sign Permit is required for all signs, except those speci fically exempted in Section 18.42.070 (Exempt Signs), below. Signs that require a Sign Permit shall be subject to approval by the Director or Commission according to the standards specified in Section 18.42.100 (Standards for Signs Requiring a Sign Permit).

18.42.050 – Comprehensive Sign Program
A. Applicability. A Comprehensive Sign Program is required for all new commercial, mixed- use, office, and industrial developments with five or more signs and optional for all new commercial, mixed- use, office, and industrial developments with four or less tenants . If a Comprehensive Sign Program is required for a project, no Sign Permit shall be approved for any sign until the Comprehensive Sign Program has been approved by the Review Authority as conforming to the requirements of this Chapter.

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B. Application contents. For any parcel on which five or more signs are proposed that require a Sign Permit the owner(s) shall submit a Comprehensive Sign Program containing all the following:

An accurate plot plan of the subject property, of a quality and at a scale as the Director may reasonably require;
Location of structures, parking lots, driveways, curb cuts, walkways, and landscaped areas on the subject parcel and names of adjacent streets and other applicable uses; Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the parcel included in the proposed plan in compliance with this Section;
Drawing(s) depicting the lettering or graphic style, lighting associated with, materials, and sign proportions (scaled) of each proposed sign; and
An accurate indication on the plot plan of each present and proposed future sign of any type, as well as scaled elevations depicting the size, height, and location of each present and proposed future sign.

C. Limit on number of freestanding signs . The Comprehensive Sign Program for all parcels with multiple uses or multiple users shall limit the number of freestanding signs to a total of one for each street on which the parcels included in the plan have frontage and shall provide for shared or common usage of the freestanding signs.

D. Consent. The Comprehensive Sign Program shall be signed by all property owners or their authorized agents in a form required by the Director.

E. Procedure. If a Comprehensive Sign Program is to be included within a development plan, site plan, planned unit development plan, or other official plan required by the City for the proposed development, then a Conditional Use Permit shall be processed simultaneously with other plans or permit applications.

F. Amendment. A Comprehensive Sign Program may be amended by filing a new Comprehensive Sign Program application that conforms to all requirements in effect at the time.

G. Nonconforming existing signs. If a new or amended Comprehensive Sign Pr ogram application is filed for a parcel(s) on which existing signs are located, it shall include a schedule for bringing into conformance, within three years, all signs not conforming to the proposed amended plan or the requirements of this Chapter in effect on the date of submission.

H. Binding effect. After approval of a Comprehensive Sign Program, no sign shall be erected, placed, painted, or maintained, except in compliance with the program, and the program may be enforced the same way as any provision of this Chapter.

I. Required Findings. The Director shall approve a Comprehensive Sign Program if all the following findings can be made:

The sign program meets the standards and sign design criteria specified in this Chapter; and The sign program is compatible with development on the subject property and developments in the immediate vicinity of the subject property and does not detract f rom the character or quality of surrounding properties.

J. Appeals. A decision by the Director may be appealed in compliance with the applicable provisions of Chapter 18.144 (Appeals).

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18.42.060 – Application and Review of Sign Permits
A. Application Submittal. A Sign Permit application shall be submitted to the Department in compliance with all of the provisions of this Section.

B. Applications and Fees. All applications for Sign Permits shall be accompanied by drawings and diagrams of suitable scale and clarity to fully describe the design, dimensions, proposed placement, structural and electrical characteristics and appearance of the sign(s). In proposing signs, applicants shall give explicit attention to designing and locating signs to ensure harmony with the existing or proposed architecture and landscape design of the property upon which the sign is to be situated.

Fees for Sign Permits shall comply with the Planning Application Fee Schedule.

C. Expiration. If the work authorized under the properly approved Sign Permit has not been started within 60 days following the date of its issuance, the permit shall become null and void. If after 60 days from the date of the issuance of a Sign Permit any portion of a sign has been erected and the construction work is not completed, the Director may cause the removal of the partially completed sign.

18.42.070 – Exempt Signs
A. Exempt Signs. The following signs are allowed without a Sign Permit in any zone and shall not be included in the determin ation of type, number, or area or signs allowed on each parcel. Exempted signs shall be required to adhere to the regulations established for each sign type as provided in this Section.

Signs required by Federal/State law;
Official signs posted by a gov ernmental body, including, flags, banners, emblems, traffic or highway signs, railroad crossing signs, or similar regulatory or warning devices and legal notices;
Holiday displays and decorations, only when not creating a traffic hazard or located within any visual setback area in the sight distance triangle;
Commemorative plaques, tables, date of construction, and similar signs constructed of permanent material. Only one sign for each structure, not to exceed two square feet in area for each sign is allowed;
Signs located inside a structure, mall, or other similar structure, provided these signs are not conspicuously visible and readable from a public street or adjacent properties not under the same ownership;
Murals or other artistic paintings on walls, provided no names, information, logos, emblems or other similar information or illustrations of activities associated with uses on the premises or in the vicinity are included in the mural or painting;
"No Trespassing" signs. Each sign limited to one square foot in area. Signs may be placed at each corner and each entrance to a parcel and at intervals of not less than 50 feet or in compliance with legal requirements;
Real estate signs.
“For Rent”, “For Sale”, and “For Lease” signs shall be posted on the subj ect parcel, including common driveways, that is being advertised by an authorized agent; Real estate signs shall not exceed six square feet for single- family residential and 32 square feet for multi-family or non-residential for each side of a double-sided sign; There shall be no more than one sign per street frontage; and Illuminated real estate signs are prohibited.

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Signs placed by utilities or other publicly regulated service providers indicating location of underground facilities, danger, and aids to service or safety, including official advisory and signal flags;
Copy changes in approved changeable copy signs;
Signs or notices incidental to a commercial, mixed-use, or industrial establishment (e.g., hours of operation, credit card information, emergency contact information, help wanted, open-close) provided the signs do not contain any commercial messages, the estab lishment logo, and in total do not exceed four square feet in area for all incidental signs; Memorial tablets or signs and iconic markers; and
Window signs not exceeding 25 percent of a tenant’s total window space. Notwithstanding the foregoing, window signs shall not include the outline of windows with neon/LED light borders.

B. Routine Maintenance. Painting, repainting, or cleaning of a sign shall not be considered erecting or altering a sign. No Sign Permit shall be required unless structural changes are proposed to be made.

C. Building Permit may be required. Under certain circumstances, temporary signs and other exempt signs may require a Building or Electrical Permit, as required by the uniform codes adopted by the City.

18.42.080 – Prohibited Signs
Except as otherwise provided in this Chapter, the following signs , including any sign on public property or within the public right-of-way, except government signs, shall be prohibited throughout the City.

A. Animated Signs, including blinking and flashing lights and signs.

B. Banners, pennants, statuary, streamers, fin, feather, whirligigs, displays, signs placed on architectural projections and merchandise primarily designed and used for sign purposes located outside of structures.

C. Billboards, pursuant to Section 18.42.090.

D. Nonconforming sign structure(s) reconstructed beyond the scope and limitations of Section 18.42.200 (Nonconforming Signs) of this Chapter.

E. Red, green, blue or amber lights or illuminated signs that could interfere with or be confused with any official traffic control device or traffic signal or official directional guide signs.

F. Portable signs (including sign(s) placed on operable other than stationary vehicle).

G. Signs emitting foreign material or sound.

H. Signs on a natural feature (i.e., rock, tree, mound, hill, or mountain).

I. Signs on roof, parapet, or wall above the eave line.

J. Tethered balloon(s) or other temporarily or continuously inflatable objects used to draw attention to a use or event.

K. Neon or LED lighting bordering the outline of windows.

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18.42.090 – Billboards
A. Intent.

The City has had a policy since 1978 (Ordinance No. 1365) to limit the number of outdoor advertising signs (also commonly referred to as “billboards”) in order to improve the quality of urban life for its citizens. It had been determined that billboards, by their very nature, constitute visual clutter and blight to the appearance of the City. It has also been determined that billboards impede traffic safety by unduly distracting motorists and pedestrians, creating traffic hazards, and reducing the effectiveness of signs needed to direct the public.

In 2016, the City Council approved a Master Community Plan and Comprehensive Sign Program for the CityPlace Santa Clara Project. In adopting the Master Community Plan, the Council made a finding that creating a specific, limited exception to the limitations on billboards for outdoor advertising facing inward into the “City Center” portion of the CityPlace Santa Clara Project, or facing toward Levi’s Stadium on Tasman Drive, would facilitate the City’s objective to create a pedestrian friendly “live, work, and play” environment that would function as a well- defined center of for the Santa Clara community. The City Council further found that creating this specific limited exception did not weaken the direct link between the City’s objectives and its general prohibition of new billboards, and would not denigrate the City’s interests in reducing visual clutter and blight to the appearance of the City, and in promoting traffic safety and reducing traffic hazards.

The City reasserts its policy that the obtrusive nature of billboards makes it imperative that the City control the number, size, and location of billboards. With the exception of the billboards authorized pursuant to the Master Community Plan for the CityPlace Santa Clara Project and the Comprehensive S ignate Program for that project (the “CityPlace Billboards”), i t is the continued position of the Council that billboards are not permitted within the jurisdictional boundaries of the City unless a particular billboard location has been approved. In the absence of a billboard location receiving affirmative approval from the Council, the application shall be denied.

It is the Council’s intent to permit no more billboards within the City except for the specific, limited exception for the CityPlace Billboards. The Council intends to restrict the presence of other billboards in the City by limiting the number of billboards other than CityPlace Billboards to those physically in place or for which approvals have been granted as of the effective date of the ordinance codified in this chapter. Additionally, as billboards are physically removed or destroyed, it is the intent of the Council that the number of billboards will be permanently reduced by that number. As of December 19, 2023, there are 14 billboards physically in place that do not qualify as CityPlace Billboards . There are two signs which have been treated historically as directional signs, and there is one approval for a directional sign yet to be constructed. It is the intent of the Council to encompass al l signs which conceivably could be construed as billboards within the definition of billboard other than the CityPlace Billboards .

Consequently, the total of 17 billboards is the starting point and ceiling for billboards at the effective date of the ordinance codified in this chapter.

It is the express intent of the Council to permit no further billboards within the City , other than the CityPlace Billboards, and to reduce their number through attrition rather than pay compensation pursuant to the provisions of Article 7 (commencing with Section 5400) of Chapter 2 of Division III of the California Business and Professions Code, which provisions require compensation for billboards removed at governmental insistence.

B. General Provisions. All Billboards, other than the CityPlace Billboards, are subject to the following:

Existing billboards shall not be relocated on the property.

There shall be no moving, rotating, or revolving signs or panels.

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Signs are to be painted, repaired, backed with lattice when single-faced, and panels aligned as appropriate, and maintained in good condition.

The signs and sites of signs are to be maintained in a clean condition, and landscaping is required where such is practical.

In no event shall the total of billboards in the entire City exceed 17.

There are currently 17 billboards in place or approved for construction. If and when a billboard, either nonconforming or with a permit, is physically destroyed or in a state of disrepair (50 percent or more of its reasonable construction value in either case), dismantled, removed, ceases to be used as a billboard for at least 120 consecutive calendar days, or is in any way terminated for any reason, the maximum number of billboards permitted to be in the City shall be reduced by that extent.

C. Outdoor advertising display relocation requirements.

The provisions in SCCC 18.42.090(A) and (B) and pursuant to Section 5412 of the California Business and Professions Code, the City may enter into agreements with advertising display owners to provide for the relocation of outdoor advertising displays.

The Council, following the review and recommendation from the Commission, may approve the relocation of advertising displays relocated pursuant to agreements made under this section.

18.42.100 – Temporary Signs
A. Sign Permit Required. A Sign Permit shall be required for all temporary commercial signs and is subject to Director review and approval.

B. Allowed Sign Area. Temporary sign areas are not counted under the maximum allowed sign area.

C. Temporary On-site Commercial Signs. The following signs may be allowed as on- site temporary commercial signs in all zones on a temporary basis, subject to subsection A:

On-site Subdivision Signs.

Sign Permits for on-site subdivision signs may be issued at any time after recordation of the final subdivision map and shall be removed following the sale of the final home or parcel. All signs shall then be removed upon expiration of the Sign Permit, unless renewal of the permit for a period of not more than one additional 12- month period is approved by the Director; and
On-site subdivision signs shall be continuously maintained, not adversely affect the use and appearance of existing structures or landscaping and shall not create hazardous traffic conditions. On- site subdivision signs are subject to all the following standards: The construction of any sign shall be in strict compliance with the provisions of this Chapter and all other laws of the City.

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All signs shall be removed from the property prior to the sale of the final parcel.

All signs shall be located on the subdivision site which they advertise.

Signs shall not exceed 10 feet in height.

No sign shall exceed 32 square feet in area.

Identification signs are allowed provided no more than one sign for every five parcels with a maximum of four signs. Signs shall not exceed six square feet in area.

If the on-site subdivision sign is within the sight distance triangle of any driveway or intersection, it shall not exceed two feet, six inches in height.

Signs are allowed on parcels with a model home, provided they do not exceed four in number and six square feet each in area. Signs shall be removed immediately after the sale of the final parcel or home.

Illuminated residential signs are prohibited.

Construction Project Signs.

A Sign Permit shall be required for any temporary construction project sign. The permit may be issued at any time on or after issuance of a Building Permit for the structure in question. The sign permit shall expire six months following the date on which the permit was issued or upon the completion of construction, whichever occurs sooner. The sign shall be removed on expiration of the permit unless, prior to expiration, the permit is renewed on approval of the Director. The permit renewal shall not be for a period greater than six months.

No more than one sign having an area not exceeding 16 square feet shall be permitted on the construction project site. Temporary construction signs are not allowed for residential subdivisions where temporary subdivision signs are erected.

Special Event Signs. Special events signs are limited to the approval of up to two permits per calendar year for each business or organization.

Holiday Special Event Signs. Holiday special event signs or banners directly related to the holiday or special event during the holiday period or special event are permitted for only 60 days from placement.

Grand Opening Banner. One temporary on- site grand opening banner for a period not to exceed two weeks after the opening day of the newly established business as established by the start date on the City Business Tax Certificate. The grand opening banner shall not exceed 32 square feet in area and no higher than first story.

D. Temporary Noncommercial signs. Temporary noncommercial signs are allowed subject to the following limitations:

Residential Zones and Uses. Up to four temporary noncommercial signs, each no larger than six (6) square feet in area, are permitted per dwelling unit. Notwithstanding the foregoing, no more than four such signs are permitted to be located in the front yard or stre et-facing side yard of any residential property, whether single- family, two-family, or multi-family. Temporary Non-Commercial Signs may be attached to freestanding sign structures no more than five feet in height, building walls, or fences. Temporary noncommercial signs must be removed or replaced within 60 days of placement.

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Non-Residential and Mixed -Use Zones and Uses . Temporary Noncommercial Signs meeting the requirements of this Section are permitted in commercial, mixed- use, and other non-residential zones and uses . Temporary Noncommercial Signs must be removed or replaced within 60 days of placement, and each sign shall not exceed 32 square feet in sign area. For properties not subject to a Comprehensive Sign Program, the maximum number of Temporary Noncommercial Signs per property at one time shall be four.

Signs are prohibited within a street intersection, sight distance triangle, or at a location where the sign may interfere with, obstruct the view of, or be confused with an authorized traffic sign.

Signs shall not be nailed or affixed to trees, fences, or public utility polices and shall not be located in the public right-of-way, parkway, or on publicly owned land.

Signs shall be removed or replaced within sixty days following placement.

18.42.110 – Standards for Signs Requiring a Sign Permit A. Signs. Signs are allowed and shall be maintained in the zones where the sign is allowed after having secured approval of the location, number, size, and design of the sign or advertising structure subject to the conditions in each zone.

B. Quality of materials and workmanship. All signs shall be constructed in a workmanship manner of durable materials intended to provide long life, ease of maintenance, h igh quality appearance, and clearly legible information for the sign user and public. The Review Authority shall retain the right to require that a licensed sign contractor(s) design, build, and/or erect the sign if the value, location, and/or visual impact of the sign warrants this requirement.

C. Sign Area Calculations.

Allowable Sign Square Footage. All signs are measured based on every linear foot of structure frontage to determine the maximum allowable sign square footage, unless noted otherwise in Section 18.42.110 (Standards for Specific Types of Signs).

Sign Area Calculations. Sign area calculation is based on every linear foot of structure frontage, to a specified amount of sign square footage. For example, if a structure has 100 feet of linear frontage, parallel to a public street or public right -of-way and one foot of sign area is allowed for every foot of linear frontage the maximum allowable sign square footage would be 100 square feet. The sign area calculations described above do not include sign area from secondary signage that is not visible from the right-of-way.

Sign Area Calculation. The sign surface area shall be calculated by measuring square footage based on the height and length of sign copy (sign text) on all sign faces. See Figure 3-16 (Sign Area Measurements).

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Figure 3-16
Sign Area Measurement

D. Residential Zones. Table 3- 8 (Signs Allowed in Residential Zones) provides regulations for permanent signs in residential zones (not including mixed- use zones), and legal nonconforming residential uses in nonresidential zones. In the case of inconsistency between regulations provided in the table and regulations provided for specific sign types, the regulations for specific sign types shall take precedence.

Table 3-8
Signs Allowed in Residential Zone
Sign Class Allowed Sign
Types
Maximum
Number
Maximum
Sign Area
Maximum
Sign Height Notes

Name Plate
Single-Family Uses Wall 1 per single-family
use 4 sq ft Below eave of
roof or parapet 18.42.110(L)
Identification sign
Multifamily uses
Wall or
Freestanding
1 per multi-family
use 24 sq ft
Wall signs shall
be below the
eave of the roof
or parapet.

Freestanding
sign: 6 ft

18.42.110(E)

18.42.110(L)
Cabinet signs
and internally
illuminated signs
are prohibited
Residential
Subdivision Entry
Signs
Freestanding
(monument)
2 per primary
entrance
40 sq ft for
both signs 6 ft

18.42.110(E)

18.42.110(L)
Cabinet signs
and internally
illuminated signs
are prohibited

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E. Commercial, Mixed-Use, Office, and Industrial Zones. Table 3-9 (Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones) provides regulations for permanent signs in commercial, mixed-use, and industrial zones. In the case of inconsistency between regulations provided in the table and regulations provided for specific sign types, the regulations for specific sign types shall take precedence.

F. Retail Signage. In addition to the standards listed in Subsection 18.42.110(E) and Table 3- 9, retail uses are allowed a sign area with a maximum square footage of 2 square feet per each foot of linear frontage. Sign width is limited to 75 percent of business frontage width and 50 percent of structure wall/facia heights.

Table 3-9
Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones Allowed Sign
Types Maximum Number Maximum Sign Area Maximum
Sign Height Notes
Freestanding Signs
Sites with up to
150 lineal ft of
structure
frontage
1 per primary structure
frontage
1 square foot for each
linear foot of primary
structure frontage
Freestanding
Signs- 12 ft

18.42.110(E)

18.42.110(L)
May be used in
combination with
allowed structure
signs.

Sites with over
150 lineal ft of
structure
frontage
1 per primary structure
frontage
1 square foot for each
linear foot of primary
structure frontage
Freestanding
Signs- 12 ft

18.42.110(E)

18.42.110(L)
May be used in
combination with
allowed structure
signs.
1 per secondary structure
frontage
Max 50 percent of area
of primary sign
Structure Signs
Canopy
Two per canopy if both
are not visible at the
same time.

N/A
Minimum of one
foot below the top
of the parapet; the
sill of a second-
floor window; or
the lowest point of
any cornice or
roof overhang,
whichever is
applicable.

18.42.110(A)

18.42.110(E)

May be used in
combination with
allowed structure
signs.

Primary Frontage
Awning/Canopy
One sign per awning
N/A
Minimum of one
foot below the top
of the parapet; the
sill of a second-
floor window; or
the lowest point of
any cornice or
roof overhang,
whichever is
applicable.

18.42.110(A)

18.42.110(E)

May be used in
combination with
allowed structure
signs.

Two per canopy if both
are not visible at the
same time.

Projecting
Signs
One projecting sign per
establishment 8 sq ft N/A

18.42.110(E)

18.42.110(K)

May be used in
combination with
allowed structure
signs.

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Table 3-9
Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones Allowed Sign
Types Maximum Number Maximum Sign Area Maximum
Sign Height Notes
Painted or Wall
Signs
One wall sign per primary
frontage
32 sq ft; or one square
foot per lineal foot of
structure frontage,
whichever is greater, up
to a maximum sign area
of 150 sq ft
N/A

18.42.110(E)

18.42.110(H)
and (L)

May be used in
combination with
allowed structure
signs.

Total area of all
primary and
accessory wall
signs not to
exceed 150 sq ft
One accessory wall sign
per establishment for a
structure with a gross
leasable area of over
10,000 sq ft
Area of all accessory
wall signs not to exceed
area of primary wall
signs
Secondary Frontage
Awning/Canopy
Signs
One sign per awning
N/A
Minimum of one
foot below the top
of the parapet; the
sill of a second-
floor window; or
the lowest point of
any cornice or
roof overhang,
whichever is
applicable.

18.42.110(A) Two per canopy if both
are not visible at the
same time.

Projecting
Signs
One projecting sign per
establishment 4 sq ft 18.42.110(K) Painted and
Wall Signs
One additional wall sign
per establishment
with a gross leasable
area of 10,000 sq feet or
greater with a public side
street
32 sq ft; or one square
foot per lineal foot of
structure frontage,
whichever is greater, up
to a maximum sign are
of 100 sq ft

18.42.110(L)

Total area of all
primary and
accessory wall
signs not to
exceed 150 sq ft
One wall sign per
secondary frontage for
structures with less than
10,00 sq ft of gross
leasable area
50 percent of sign area
allowed for primary
frontage total for any
combination of structure
signs.

Other Signs (also see Sections 18.42.150,160, and 170)
Community
Entry Signs See Subsection 18.42.110(B) (Standards for Specific Sign Types) Directory and
Directional
Signs
See Subsection 18.42.110(C) (Standards for Specific Sign Types) Electronic
Digital Display
Message Signs
See Subsection 18.42.110(D) (Standards for Specific Sign Types) Freeway- and
Expressway-
Oriented Signs
See Subsection 18.42.110(F) (Standards for Specific Sign Types) Article 3 – Regulations Applicable to All Zones Chapter 18.42

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Table 3-9
Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones Allowed Sign
Types Maximum Number Maximum Sign Area Maximum
Sign Height Notes
Iconic Signs See Subsection 18.42.120 (Iconic Signs)
Luminous Tube
Signs (neon) See Subsection 18.42.110(G) (Standards for Specific Sign Types) Price and Menu
Boards See Subsection 18.42.110(I) (Standards for Specific Sign Types) Temporary
Signs See Section 18.42.090 (Temporary Signs)
Window Signs See Subsection 18.42.110(M) (Standards for Specific Sign Types) G. Location Restrictions.

All signs shall meet the setback requirements of the zone in which the subject parcel is located, unless otherwise noted in Section 18.42.140 (Signs in Residential Zones), Section 18.42.150 (Signs in Commercial and Mixed- Use Zones), and Section 18.42.160 (Signs in Office and Industrial Zones) or approved by the Director or Planning Commission.

H. Signs shall not be placed in the public right-of-way.

I. Sign Illumination.

Lights used to illuminate signs shall be installed to concentrate the illumination on the sign and to minimize glare upon a public street or abutting property. Unless otherwise noted, all sign acrylic panels shall be opaque, to only allow the t ext or logo to shine through, minimizing nighttime light pollution.

Illuminated signs shall require the approval of a Building Permit.

J. Sign Modifications. The Director may grant a Minor Variance (Chapter 18.126) up to 25 percent of the requirements of this Chapter.

18.42.120 – Standards for Specific Sign Types
A. Awning and Canopy Signs. The following standards shall apply to all signs placed on an awning or canopy attached to a structure. See Figure 3-17 (Awning and Canopy Sign).

Lettering, logos, symbols, and graphics are allowed on up to 25 percent of the area of a shed (slope) portion of the awning and valance portion of the awning. Signs shall be applied flat against the awning surface. In the case of a barrel shaped (curved) awning, signs shall not occupy more than 60 percent of the bottom 12 inches of the awning.

Only permanent signs that are an integral part of the awning are allowed. Temporary signs shall not be placed on awnings or canopies.

Awning signs are allowed for first and second story commercial and mixed- use occupancies only. No awning signs shall be allowed above the second floor.

Awnings shall conform to the size and shape of the window or door above which they are located. Subject to the determination of the Director, overly large awnings and awnings with unusual shapes designed for the purpose of providing additional sign area are not allowed.

A minimum of eight feet of clearance shall be provided between the lowest part of an awning or canopy and the grade below.

External illumination with a full cut-off floodlight is permitted.

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Awnings and canopies shall not be constructed of translucent materials and shall not be lighted from under the awning/canopy (back -lit awning) so that the awning/canopy appears internally illuminated.

Figure 3-17
Awning and Canopy Sign

B. Subdivision Entry Signs.

Individual Subdivision entry signs shall not exceed 75 square feet of total sign area (a double- sided subdivision entry sign would equal 37.5 square feet per side). See Figure 3- 18 (Subdivision Entry Sign).

Subdivision entry signs shall not exceed a height of six feet.

Monument style subdivision entry signs are allowed; all other sign types for subdivision entry signs are prohibited.

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A minimum of 50 percent of the sign area shall be devoted to subdivision identification.

Up to 30 percent of the sign area may be devoted to individual business or organization logos.

External illumination is permitted.

Figure 3-18
Subdivision Entry Sign

C. Directional and Directory Signs.

Directional Signs. See Figure 3-19 (Directional Sign).

Directional signs shall not be counted against allowable sign area, unless the signs include business logo, name, or advertising. If a business logo, name, or advertising is a component of a directional sign, then the area of the sign devoted to the logo, name, or advertising will be counted toward the allowable sign square footage.

If the directional sign is located within the sight distance triangle of any driveway or intersection, it shall not exceed three feet in height.

Directional signs shall not exceed six square feet of sign area.

External illumination is permitted.

Freestanding signs shall not be located on the subject property and not within a dedicated utility easement.

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Figure 3-19
Directional Sign

Directory Signs. See Figure 3-20 (Directory Sign).

Directory signs shall not be counted in the allowable sign area based on frontage, unless the business logo, name, or advertising is used. If a logo is a component of a directory sign, then the square footage of the portion of the sign that is advertising the specific establishment will be counted toward the total allowable square footage of sign area.

Directory signs shall not exceed 16 square feet of sign area.

Directory signs shall not exceed six feet in height.

If the directory sign is located within the sight distance triangle of any driveway or intersection, it shall not exceed three feet in height.

Directory signs shall be placed in a landscaped bed and shall have a minimum of two square feet of landscaping for every square foot of sign area measured at the base of the sign.

External or internal illumination is permitted. External illumination by downward lighting is prohibited.

Figure 3-20
Directory Sign

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D. Electronic Digital Display Message Signs. See Section 18.42.130 (Electronic Digital Display Message Signs) for development standards and permit requirements.

E. Freestanding and Monument Signs. See Figure 3-21 (Freestanding Monument Sign).

Freestanding Signs.

A freestanding sign is allowed by the provisions of this Chapter provided the freestanding sign complies with the provisions of this Chapter.

Freestanding signs may not exceed 150 square feet of sign area per individual sign (a double-sided freestanding sign would equal 75 square feet per side).

Freestanding signs not exceeding six feet in height and thirty 30 square feet in total sign area are allowed, at a minimum setback of four feet behind parcel line.

Freestanding signs shall not exceed a height of 20 feet.

If the freestanding sign is within the sight distance triangle of any driveway or intersection, it shall not exceed three feet in height.

Freestanding signs shall not be located within a dedicated utility easement.

To ensure the readability, the minimum letter size required on all freestanding signs shall be 10 inches. Sign copy shall not be located closer than one half-letter height to the sign edge or other line of copy.

External illumination with a hooded floodlight is prohibited. Internal illumination is permitted.

Freestanding signs shall be placed in a landscaped bed and shall have a minimum of two square feet of landscaping for every square foot of sign area measured at the base of the sign.

Monument Signs.

A Monument sign is allowed by the provisions of this Chapter provided the monument sign complies with the provisions of this Chapter.

Monument signs may not exceed 100 square feet of sign area per individual sign (a double-sided freestanding sign would equal 50 square feet per side).

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Monument signs not exceeding four feet in height and thirty 20 square feet in total sign area are allowed, at a minimum setback of four feet behind parcel line.

Monument signs shall not exceed a height of 12 feet.

If the monument sign is within the sight distance triangle of any driveway or intersection, it shall not exceed three feet in height.

Monument signs shall not be located within a dedicated utility easement.

To ensure the readability, the minimum letter size required on all monument signs shall be six inches. Sign copy shall not be located closer than one half -letter height to the sign edge or other line of copy.

External illumination with a hooded floodlight is permitted. Internal illumination is permitted.

Monument signs shall be placed in a landscaped bed and shall have a minimum of two square feet of landscaping for every square foot of sign area measured at the base of the sign.

Figure 3-21
Freestanding and Monument Signs

F. Freeway- and Expressway-Oriented Signs. See Figure 3-22 (Expressway-Oriented Sign).

Freeway- and Expressway-Oriented signs shall be located on the same parcel on which the structure or use is being advertised.

Freeway- and Expressway-Oriented signs shall not exceed 30 feet in height.

Freeway- and Expressway -Oriented signs may only be located on parcels located no more than 500 feet from the outside edge of a freeway right-of-way.

Freeway- and Expressway -Oriented signs shall not be placed within 750 feet of another freeway-oriented sign.

Freeway- and Expressway-Oriented signs shall not exceed 200 square feet in sign area.

Freeway- and Expressway -Oriented signs shall require the approval of a Conditional Use Permit in compliance with Chapter 18.124 (Conditional Use Permits and Minor Use Permits).

External illumination is prohibited.

Freeway- and Expressway-Oriented signs shall be placed in a landscaped bed and shall have a minimum of two square feet of landscaping for every square foot of sign area measured at the base of the sign.

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Figure 3-22
Freeway- and Expressway-Oriented Sign
G. Luminous Tube Signs (neon). See Figure 3-23 (Luminous Tube Sign).

Tubing shall not exceed one-half inch in diameter.

Luminous tube lighting adjacent to residential uses shall not exceed one half foot -candle measured at the property line where the sign is located.

No luminous sign containing red or green colors shall be erected within 150 feet of an intersection containing traffic lights.

Luminous tubes shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly glazed tiles, or other similar materials).

Luminous tube lighting shall not be used to surround a window, door, or similar element except as part of an allowed sign.

Chapter 18.42 Sign Standards

3-78 October 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

Figure 3-23
Luminous Tube Sign

H. Painted Signs. See Figure 3-24 (Painted Sign).

Painted signs shall not exceed 150 square feet per individual sign on the primary street frontage and 100 square feet on the secondary street frontage of a corner parcel. The signs shall count toward the maximum allowable sign area.

Painted signs shall be centered on structures unless otherwise determined by the Director due to existing architectural features of the structure.

If a structure is located on a corner parcel with two street frontages, both frontages may be used when calculating allowable sign area.

To ensure the readability, the minimum sign letter size shall be six inches.

External illumination with a hooded floodlight is permitted.

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Figure 3-24
Painted Sign
I. Price and Menu Boards.

Menu Boards (Excluding Freestanding Dive -thru menu boards). See Figure 3- 25 (Menu Board Sign).

Menu boards are not counted against the maximum allowable sign area.

Menu boards shall not exceed 30 square feet in area.

Menu boards shall be located at the front entrance to the establishment and mounted flat against the wall.

Internal or external illumination is permitted.

Figure 3-25
Menu Board Sign

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Freestanding Drive-thru Menu Boards. See Figure 3- 26 (Freestanding Drive-thru menu Board).

Freestanding Drive-thru menu and price boards are not counted against the maximum allowable sign area.

Each menu board shall not exceed 12 square feet in area.

No more than two menu boards are allowed per establishment.

Freestanding Drive- thru menu boards shall be located along the drive- thru lane a minimum of eight feet from the entrance of the lane.

External illumination is prohibited.

Freestanding Drive- thru menu boards shall be placed with in a landscaped bed and shall have two square feet of landscaping for every square foot of sign area measured at the base of the menu board.

Figure 3-26
Freestanding Drive-thru Menu Board Sign

Service Station Gas Price Sign. See Figure 3-27 (Service Station Gas Price Sign).

Service station gas price sign shall not exceed 25 square feet of sign area for each side of a double-sided sign.

The service station gas price sign is not allowed to be located within the sight distance triangle of any driveway or intersection.

No more than two service station gas price signs are permitted per service station.

Each of the allowed two service station gas price signs is permitted to have two sides.

External illumination is prohibited.

Static LED price figure displays are permitted.

Service Station Gas Price Sign shall be placed within a landscaped bed and shall have two square feet of landscaping for every square foot of sign area measured at the base of the menu board.

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Figure 3-27
Service Station Gas Price Sign

J. Projecting Signs. See Figure 3-28 (Projecting Sign).

Projecting signs shall not exceed the height of the structure to which they are attached.

Projecting signs are not counted against the maximum allowable sign area.

No more than one projecting sign is permitted per street frontage.

Projecting signs shall not project more than five feet from the supporting wall.

Projecting signs shall not exceed eight square feet of sign area.

Projecting signs shall be no less than eight feet from grade or any underlying walkway or thoroughfare.

Projecting signs shall not be internally illuminated but may be floodlighted. No projecting sign shall have a clearance of less than eight feet over public sidewalks or less than 14 feet where it extends over any vehicular driveway or parking area.

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Figure 3-28
Projecting Sign

K. Wall Signs. See Figure 3-29 (Wall Sign).

Wall signs shall be attached flat against a structure and parallel to the face of the structure wall.

Wall signs shall not project more than 12 inches from the wall and shall not project above the roof line or extend over a public sidewalk or right-of-way.

To ensure the readability, the minimum letter size allowed shall be six inches. Sign copy shall not be located closer than one half-letter height to the sign edge or other line of copy.

If a structure is situated on a corner parcel with two street frontages, both frontages may to be used when calculating allowable sign area.

Wall signs shall be no less than eight feet from grade or any underlying walkway or thoroughfare.

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Public Review Draft – Santa Clara Zoning Code, Title 18 October 2023 3-83

Figure 3-29
Wall Sign

L. Window Signs (permanent and temporary). See Figure 3-30 (Window Sign).

Window signs shall be allowed only on windows located on the ground floor and second story of a structure. Window signs are not allowed above the second story.

Window signs shall not count toward the maximum allowable sign area.

The placement of window signs shall allow for the bottom 24” of each window on the ground floor to be left clear for the unobstructed observation by safety personnel (e.g., Santa Clara Police Department, County Sherriff, private security, etc.).

Window signs shall not cover more than 25 percent of each individual window on either a primary or secondary building frontage. A window is considered to be any glazed area, including glass curtain walls.

Window advertisements using specialized window chalk and/or window markers are prohibited.

Illumination of window signs is prohibited.

Chapter 18.42 Sign Standards

3-84 October 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

Figure 3-30
Window Sign

18.42.130 – Iconic Signs
A. Applicability.

Approved iconic signs may be an allowed non- conforming sign and any alterations require a Sign Permit approved by the Director.

This Section applies to legally established existing signs in the City that meet all of the following requirements and criteria, as determined by the Director:

B. Sign requirements. Iconic signs shall meet all of the following sign requirements:

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The sign uses materials and technology representative of its historical period of construction.

The sign is structurally safe or can be made safe without substantially altering its historical appearance.

C. Iconic Sign Criteria. Iconic signs shall meet all of the following criteria:

The sign exemplifies the cultural, economic, and historic heritage of the City.

The sign is unique.

The sign is originally associated with a business only found in the City, Santa Clara County, or the State; or there is historical documentation to support its preservation.

The sign retains a majority of its character -defining features. If the character-defining features have been altered or removed, the majority must be potentially restorable to their historic function and appearance.

The sign is at least 50 years old.

18.42.140 – Electronic Digital Display Message Signs
A. Applicability. This Section applies to all electronic digital display message signs, including billboards (Section 18.42.090) and is intended to implement and comply with the California Outdoor Advertising Act of 2014, California Business and Professions Code Section 5200 et seq., as related to outdoor advertising displays, and Section 131 of Title 23 of the United States Code, including any amendments as may be adopted from time to time.

B. No Exception to Billboard Limitations. The standards set forth in this section shall not be construed as an exception to the limitation on billboards set forth in Section 18.42.090. Consequently, any new electronic digital display message sign must be either (1) noncommercial; (2) on-site advertising only; (3) a billboard that replacing existing billboards pursuant to the replacement provisions of Section

18.42.090; or (4) a CityPlace Billboard.

C. Permit requirements. No electronic digital display message sign shall be erected or maintained until a Conditional Use Permit has first been approved in compliance with Chapter 18.116 (Conditional Use Permits) and any other applicable Federal and State statutes including the California Department of Transportation, Outdoor Advertising Permit Requirements.

D. Conditions of approval. Approval of a Conditional Use Permit to allow an electronic digital display message sign shall consider/include language addressing all of the following:

Any allowed deviations from the development standards established in Subsection E (Development Standards), below.

The amount of time each day dedicated to public service announcements that will be displayed, at no cost to the City.

Terms requiring periodic review to ensure compliance with the development standards and conditions of approval.

E. Required findings. Approval of a Conditional Use Permit to allo w an electronic digital display message sign shall be based on all the following findings and any additional findings as may be required by the Department or the Planning Commission:

The proposed electronic digital display message sign is to be located in an appropriate area as defined by Subsection E (Development standards), below; Chapter 18.42 Sign Standards

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The proposed electronic digital display message sign is placed in the least visually impacting manner;
The Conditional Use Permit contains appropriate language addressing revenue and/or other public benefits for the City;
The proposed electronic digital display message sign complies with all the applicable operational standards specified in Subsection F, below, unless modified by the Planning Commission, as well as all applicable Federal and State laws; The placement of the proposed electronic digital display message sign will not adversely affect residential use of property; and
The placement of the proposed electronic digital display message sign will not pose a traffic hazard.

F. Development Standards.

Sign face dimensions. The electronic digital display message sign display a rea shall not exceed 800 square feet, including border and trim, and excluding base or apron supports and other structural members. The overall length shall not exceed 60 feet.

Height. Unless modified by the terms of the Conditional Use Permit, the maximum overall height of an electronic digital display message sign shall not exceed 25 feet, measured from the finished grade at the structure base to the top of the message sign structure.

Separation. No electronic digital display message sign shall be located closer than 1,500 linear feet of another electronic display message sign, as measured from the centerline of each support structure.

Support structure. All proposed electronic digital display message signs shall be designed to have a single cylindrical column support.

Cutouts and attachments. No cutouts or attachments shall be allowed, unless allowed in compliance with the conditions of the Conditional Use Permit.

Double-faced signs. Double-faced electronic digital display message signs shall be located on the same cylindrical column structure and shall be positioned back -to-back. At no point, shall the distance between the two sign faces exceed eight feet.

Mechanical screening. Each sign structure shall include a facing of proper dimensions to conceal back bracing, framework, and structural members and/or any electrical equipment.

Owner identification. An owner identification sign shall be provided on all electronic digital display message signs. The area of the owner identification sign shall not be counted towards the maximum allowable sign face dimensions.

Undergrounding of utilities. All utilities installed in connection with the electronic digital display message sign shall be underground.

G. Operational standards.

Brightness. Light produced by an electronic/digital display message sign shall not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face.

Dimmer control. Signs shall have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise.

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Brightness review. Each electronic digital display message sign shall be subject to a 30-day review period during which time the Director may determine that a reduction in illumination or turning off of the sign for certain evening hours, is necessary due t o negative impacts on surrounding property or the community in general. The Director’s determination shall be made without regard to the message content of the sign.

Change of message. Messages displayed on an electronic digital display message sign shall be a static display without change for a minimum duration eight seconds except for those messages where the hour -and-minute, date, or temperature/weather information is updated.

Messages shall be complete within each message/display and without continuation in content to the next message or to any other sign. The message/display shall change instantaneously without any fading in/out, scrolling, dissolve, or similar animation.

No animation. Any form of moving, animated, oscillating, or rotating images, or any other design intended to attract attention through movement or the semblance of movement on any part of the sign is prohibited at all times.

Maintenance. Signs shall be properly maintained in good working order at all times. Signs shall be designed and e quipped to freeze the changeable message in one position or to go dark if a malfunction occurs. The sign owner shall immediately stop the electronic/digital display when notified by the City that it is malfunctioning or not complying with regulations of this Section.

Nonconforming sign structure. An existing sign or sign structure that is nonconforming as to location, size, height, or other regulation shall not be changed to a new electronic digital display message sign until all nonconformities have been eliminated.

Public service announcements. All electronic digital display message signs shall be required to provide for public service announcements, including Amber Alerts, and other community service announcements in compliance with the terms of the Conditional Use Permit.

18.42.150 – Signs in Residential Zones
A. Applicability. Only signs meeting the following standards will be permitted in residential zones, provided that all other applicable provisions of this Chapter are complied with.

B. Development Standards.

Signs shall be located and erected only upon the premises occupied by the person or ancillary business to be identified or advertised by the signs.

The location of all signs shall comply with the building, electrical and fire prevention codes of the City as amended.

Table 3-10 Residential Zones Allowed Sign Types and Permits. The following sign regulations apply to residentially zoned parcels.

Chapter 18.42 Sign Standards

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Table 3-10
Residential Zones Allowed Sign Types and Permit Requirements Residential Zones
Allowed Sign Types
E
SP
MUP
CUP
-
Exempt
Allowed by Sign Permit
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Not allowed
Sign Type
(See 18.42.030 for
sign definitions).

R1-6L

R1-8L R-2 R-3 R-4 R-5 R-6 Additional
Regulations

Audio Signs - - - - - - -
Awning/Canopy - - - - - - - 18.42.110(A)
Banners - - - SP SP SP SP
Billboards - - - - - - -
Comprehensive
Sign Program - - - SP SP SP SP 18.42.170
Directory Sign - - - SP SP SP SP 18.42.110(C)
Table 3-10
Residential Zones Allowed Sign Types and Permit Requirements Directional Sign - - - SP SP SP SP 18.42.110(C)
Electronic Digital
Display Message
Sign
- - - - - - - 18.42.130
Freeway – and
Expressway-
Oriented Sign
- - - - - - - 18.42.110(F)
Flag E E E E E E E 18.42.110(E)
Freestanding
Monument (Entry) SP SP SP SP SP SP SP 18.42.110(E)
Historic/Memorial
Markers and Tablets E E E E E E E
Home Occupation
Signs - - - - - - -
Luminous Tube Sign
(neon) - - - - - - - 18.42.110(G)
Name Plate SP SP SP SP SP SP SP
Name Plate (house
number) E E E E E E E
Painted - - - - - - - 18.42.110(H)
Freestanding Menu
Boards (Drive-thru) - - - - - - - 18.42.110(I)
Price/Menu Boards
(Walk-in) - - - - - - - 18.42.110(I)
Projecting - - - - - - - 18.42.110(K)
Real Estate Sign E E E E E E E
Roof Signs - - - - - - -
Service Station
Price Signs - - - - - - - 18.42.110(I)
Subdivision Entry
Sign MUP MUP MUP MUP MUP MUP MUP 18.42.110(B)
Subdivision Sign SP SP SP SP SP SP SP 18.44.130(E)
Temporary E E E E E E E 18.42.100
Time/Temperature
Sign - - - - - - -
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C. General Residential Sign Regulations. Signs shall be placed a minimum of five feet from a front property line and in compliance with the sight -distance triangle (Section 18.30.030) and shall be located outside of a dedicated utility easement.

D. Freestanding Monument Signs.

Adjacent Uses One freestanding monument sign for each single tenant, parcel, or multi-tenant complex for institutional uses in residential zones.

Subdivision Entry Sign. One freestanding monument sign for each subdivision.

Multifamily Complex Entry Sign. Freestanding signs are not allowed for multifamily complexes containing less than 20 dwelling units. One freestanding monument sign for each multifamily complex containing 20- 36 units. Two freestanding signs are permitted for multifamily complexes containing more than 37 units.

18.42.160 – Signs in Commercial and Mixed-Use Zones
A. Applicability. Only signs meeting the following standards will be permitted in commercial and mixed- use zones, provided that all other applicable provisions of this Chapter are c omplied with.

B. Development Standards. Signs shall be located and erected only upon the premises occupied by the person or business to be identified or advertised by the signs. The location of all signs shall comply with the building, electrical and fire prevention codes of the City as amended.

C. Table 3-11 Commercial and Mixed-Use Zones Allowed Sign Types and Permit Requirements.

Table 3-11
Commercial and Mixed-Use Zone Allowed Sign Types and Permit Requirements Commercial and Mixed-Use Zones
Allowed Sign Types
E
SP
MUP
CUP
-
Exempt
Allowed by Sign Permit
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Not allowed
Sign Type
(see 18.42.030 for sign
definitions).

C-C

C-D C-N C-R MU-NC MU-CC MU-RC Additional
Regulations

Audio Signs - - - - - - -
Awning/Canopy SP SP SP SP SP SP SP 18.42.110(A)
Banners SP SP SP SP SP SP SP
Billboards - - - - - - -
Comprehensive
Sign Program SP SP SP SP SP SP SP 18.42.170
Directory Sign SP SP SP SP SP SP SP
Electronic Digital
Display Message
Sign
- - CUP CUP - - - 18.42.130
Vehicle Sign
(stationary) - - - - - - -
Wall - - - - - - - 18.42.110(L)
Window - - - - - - - 18.42.110(M)
Wind-activated signs - - - - SP SP SP
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Table 3-11
Commercial and Mixed-Use Zone Allowed Sign Types and Permit Requirements Commercial and Mixed-Use Zones
Allowed Sign Types
E
SP
MUP
CUP
-
Exempt
Allowed by Sign Permit
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Not allowed
Sign Type
(see 18.42.030 for sign
definitions).

C-C

C-D C-N C-R MU-NC MU-CC MU-RC Additional
Regulations

Freeway- and
Expressway-
Oriented Sign
SP - SP SP MUP MUP MUP 18.42.110(F)
Flag E E E E E E E 18.42.110(E)
Freestanding
Monument SP SP SP SP SP SP SP 18.42.110(E)
Historic/Memorial
Markers and Tablets E E E E E E E
Iconic Sign SP SP SP SP SP SP SP 18.42.120
Luminous Tube Sign
(neon) - SP SP SP SP SP SP 18.42.110(G)
Name Plate SP SP SP SP SP SP SP
Name Plate
(address E E E E E E E
Painted SP SP SP SP SP SP SP 18.42.110(H)
Freestanding Menu
Boards (Drive-thru) SP SP SP SP SP SP SP 18.42.110(I)
Price/Menu Boards
(Walk-in) E E E E E E E 18.42.110(I)
Projecting SP SP SP SP SP SP SP 18.42.110(K)
Real Estate Sign E E E E E E E
Roof Signs - - - - - - -
Service Station Gas
Price Signs - SP SP SP - - - 18.42.110(I)
Subdivision Entry
Sign MUP MUP MUP MUP CUP CUP CUP 18.42.110(B)
Subdivision Sign SP SP SP SP SP SP SP
Temporary SP SP SP SP SP SP SP
Time/Temperature
Sign - SP SP SP - - -
Wall SP SP SP SP SP SP SP 18.42.110(L)
Window SP SP SP SP SP SP SP 18.42.110(M)
Wind-activated signs SP SP SP SP SP SP SP
D. General Commercial and Mixed-Use Sign Location Regulations. Sign shall be placed a minimum of five feet from the front property line and shall not be located within a dedicated utility easement , unless otherwise noted in Section 18.42.120.

E. Specific Commercial and Mixed-Use Sign Regulations. Signs shall be in compliance with Table 3- 11 (Commercial and Mixed-Use Zone Allowed Sign Types and Permit Requirements).

Freestanding Monument Sign. Freestanding monument signs shall provide landscaping at the sign base, with a minimum of four-square feet per square foot of sign area.

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Expressway-Oriented Sign. Expressway-oriented signs shall meet the setback requirements of the zone in which they are located. C onditions of approval may increase the required setbacks from designated expressways and corridors.

18.42.170 – Signs in Office and Industrial Zones
A. Applicability. Only signs meeting the following standards will be permitted in office and industrial zones, provided that all other applicable provisions of this Chapter are complied with.

B. Development Standards. Signs shall be located and erected only upon the premises occupied by the person or business to be identified or advertised by the signs. The location of all signs shall comply with the building, electrical and fire prevention codes of the City as amended.

C. General Commercial and Mixed-Use Sign Location Regulations. Sign shall be placed a minimum of five feet from the front property line and shall not be located within a dedicated utility easement.

D. Table 3-12 Office and Industrial Zones Allowed Sign Types and Permit Requirements.

Table 3-12
Office and Industrial Zones Allowed Sign Types and Permit Requirements Office and Industrial Zones
Allowed Sign Types
E
SP
MUP
CUP
-
Exempt
Allowed by Sign Permit
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Not allowed
Sign Type
(see 18.44.030 for sign
definitions).

LO-RD HO-RD LI HI Additional Regulations

Audio Signs - - - -
Awning/Canopy SP SP SP SP 18.42.110(A)
Banners SP SP SP SP
Billboards - - - -
Comprehensive Sign
Program SP SP SP SP 18.42.170
Directory Sign SP SP SP SP 18.42.110(C)
Directional Sign SP SP SP SP 18.42.110(C)
Electronic Digital Display
Message Sign - CUP - - 18.42.130
Freeway- and Expressway-
Oriented Sign CUP CUP CUP CUP 18.42.110(F)
Flag E E E E 18.42.110(E)
Freestanding Monument
(Entry) SP SP SP SP 18.42.110(E)
Historic/Memorial Markers
and Tablets E E E E
Iconic Sign SP SP SP SP 18.42.120
Home Occupation Sign - - - -
Luminous Tube Sign (neon) SP SP SP SP 18.42.110(G)
Name Plate SP SP SP SP
Name Plate (house number) - - - -
Painted SP SP SP SP 18.42.110(H)
Freestanding Menu Boards
(Drive-thru) - - - - 18.42.110(I)
Price/Menu Boards (Walk-in) SP SP SP 18.42.110(I)
Projecting SP SP SP SP 18.42.110(K)
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Table 3-12
Office and Industrial Zones Allowed Sign Types and Permit Requirements Office and Industrial Zones
Allowed Sign Types
E
SP
MUP
CUP
-
Exempt
Allowed by Sign Permit
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Not allowed
Sign Type
(see 18.44.030 for sign
definitions).

LO-RD HO-RD LI HI Additional Regulations

Real Estate Sign E E E E
Roof Signs - - - -
Service Station Gas Price
Signs - - - SP 18.42.110(I)
Subdivision Entry Sign MUP MUP MUP MUP 18.42.110(B)
Subdivision Sign SP SP SP SP
Temporary SP SP SP SP
Time/Temperature Sign CUP CUP CUP CUP
Vehicle Sign (stationary) - - - -
Wall SP SP SP SP 18.42.110(L)
Window SP SP SP SP 18.42.110(M)
Wind-activated signs SP SP SP SP

18.42.180 – Sign Construction and Maintenance
Signs and their components shall be regularly maintained and kept in good repair and appearance at all times. If a sign is not properly maintained, it shall be removed or repaired within 30 days, following written notice of insufficient maintenance by the Director or by the Building Official, or their designee.

18.42.190 – Removal of Unlawful, Unsafe, and Unauthorized Signs A. Abandoned Signs.

Removal of Abandoned Signs.

An abandoned sign shall be removed by the owner or lessee of the premises upon which the sign is located immediately upon closure of the business or the end of the event.

A sign frame or structure that supported an abandoned sign and that conforms to all applicable regulations shall be allowed to remain in place, however, the sign’s printed content shall be removed, and a blank panel should be put in its place. However, in the event a sign frame or structure is inconsistent with the regulations of this Chap ter, the sign structure and/or frame shall be either altered to comply with the regulations of this Chapter or removed by the owner or lessee of the property.

Signs considered by the City to have iconic value or cultural significance shall be exempt from the provisions of this Subsection.

If the owner or lessee fails to remove the sign, the City, following proper notice, may have the sign removed.

Recovery of costs. When the City is required to remove an abandoned sign, the reasonable cost of the removal and storage may be assessed against the owner of the sign(s) and/or the property owner. If not paid, the applicable costs may be imposed as a tax lien against the property.

Article 3 – Regulations Applicable to All Zones Chapter 18.42

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B. Dangerous and/or Defective Sig ns. It is unlawful for any business or residential property owner or lessee to maintain or permit to be maintained on any business or residential property any sign that is in a dangerous or defective condition. A sign shall be removed by the owner of the s ign, owner or lessee of the property, or the Director, at the expense of the owner of the sign or property. Alternatively, the sign shall be repaired by the owner or lessee at the expense of the owner or lessee.

18.42.200 – Nonconforming Signs
A. Amortization of Nonconfo rming Signs. Nonconforming signs shall be removed or altered to be conforming as provided below.

Residential Zones. Legal nonconforming on-site signs that are in a residential zone shall be removed from the site without any compensation (i.e., financial or otherwise) after the expiration of 10 years from the date the sign became nonconforming. Upon the expiration of the amortization period, the sign shall be an illegal use subject to immediate removal.

Nonconforming on-site signs that are also illegal signs (i.e., never obtained the required permits) shall be removed immediately from the site without any compensation.

Commercial, Mixed-Use, Office, and Industrial Zones. Legal nonconforming commercial , mixed-use, office, and industrial signs and billboards existing at the time this Zoning Code became effective may be continued, although the use does not conform with these provisions, provided these nonconforming signs and billboards and their supporting structures shall be completely removed by their owners/lessees, unless made to fully conform to the provisions of this Chapter, no later than 10 years following the effective date of this Zoning Code, unless specified otherwise in Section 18.42.090 (Billboards).

B. Continuance of Nonconforming Signs. A nonconforming sign may be continued and shall be maintained in good condition as required by these regulations, but it shall not be:

Structurally changed to another nonconforming sign, but its pictorial content may be changed; Structurally altered to prolong the life of the sign, except to meet safety requirements; Expanded or altered in a manner that increases the degree of nonconformity; or Reestablished after damage or destruction if the estimated cost of reconstruction exceeds 50 of the replacement costs as determined by the Building Division.

C. New signs on sites with nonconforming signs. No new sign shall be approved for a site, structure, or use that contains a nonconforming sign, unless the nonconforming sign is first removed or modified to fully comply to the provisions of this Chapter. No discretionary land use permits shall be issued for any structures, expansions, or new construction on a site that contains nonconforming signs, unless all signs on the site are brought into compliance with this Chapter. This does not include interior alterations that do not substantially change the character or intensity of the site.

D. Ordinary Maintenance, Painting and/or Repair. Nonconforming signs may only be maintained, painted, and/or repaired (i.e., repairs shall be lim ited to cosmetic enhancements/refinements but no structural alterations, unless required by the Building Division) in place and may not be removed from their existing location, except for temporary remodeling of the structure to which the sign is attached or termination of the sign. See Subparagraph F. (Structure remodeling), below.

E. Change of Business Ownership. Upon a change of ownership, the new owner/lessee of a nonconforming sign may change a name(s) on the sign so long as there is no change in the structure or configuration of the sign.

Chapter 18.42 Sign Standards

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F. Structure Remodeling. Nonconforming signs may be removed for remodeling the structure to which the sign is attached and shall be replaced immediately after the remodeling is completed. No alteration of the sign channel letters, cabinet or sign structure is allowed.

18.42.210 – Revocation of Sign Permits
See Article 7 (Administration) Chapter 18.152 (Permit Modifications and Revocations) for Revocation Procedures.

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Article 4 – Standards for Specific Land Uses
December 2023
Title 18 – Zoning Code
3 For use in Chapter Numbers

TABLE OF CONTENTS
Chapter 18.60 - Standards for Specific Land Uses --------------------------------------- 4

18.60.010 – Purpose and Applicability -------------------------------------------------------------------------------- 4

18.60.020 – Accessory Dwelling Units--------------------------------------------------------------------------------- 5

18.60.030 – Accessory Uses ---------------------------------------------------------------------------------------------- 8

18.60.040 – Alcoholic Beverage Sales and Service --------------------------------------------------------------- 9

18.60.050 – Bed and Breakfast Inns ---------------------------------------------------------------------------------- 10

18.60.060 – Caretaker Housing ---------------------------------------------------------------------------------------- 11

18.60.070 – Child Day Care Facilities -------------------------------------------------------------------------------- 11

18.60.080 – Assisted Living Facilities / Congregate Care ----------------------------------------------------- 11

18.60.090 – Data Centers------------------------------------------------------------------------------------------------- 12

18.60.100 – Drive-in/Drive-Through Establishments ------------------------------------------------------------ 13

18.60.110 – Emergency Shelters -------------------------------------------------------------------------------------- 14

18.60.120 – Home Occupations ---------------------------------------------------------------------------------------- 16

18.60.130 – Live-Work Facilities --------------------------------------------------------------------------------------- 18

18.60.140 – Outdoor Dining and Seating --------------------------------------------------------------------------- 18

18.60.150 – Outdoor Displays and Sales --------------------------------------------------------------------------- 21

18.60.160 – Outdoor Storage ------------------------------------------------------------------------------------------- 24

18.60.170 – Personal Services, Restricted ------------------------------------------------------------------------- 25

18.60.180 – Recycling Facilities --------------------------------------------------------------------------------------- 25

18.60.190 – Temporary Uses -------------------------------------------------------------------------------------------- 30

18.60.200 – Vehicle Repair and Maintenance Facilities -------------------------------------------------------- 30

18.60.210 – Vehicle Sales Facilities ---------------------------------------------------------------------------------- 30

18.60.220 – Vehicle Service Stations -------------------------------------------------------------------------------- 31

18.60.230 – Massage Establishments ------------------------------------------------------------------------------- 32

18.60.240 – Certified Farmers’ Markets ----------------------------------------------------------------------------- 34

18.60.250 – Short-Term Rentals of Residential Property ------------------------------------------------------ 36

18.60.260 – Electric Power Plants ------------------------------------------------------------------------------------- 38

18.60.270 – Developments Located Within the Airport Influence Area ----------------------------------- 39 Chapter 18.62 - Adult Business Uses --------------------------------------------------------40

18.62.010 – Purpose and Applicability ------------------------------------------------------------------------------ 40

18.62.020 – Location of Adult-Oriented Business Uses ------------------------------------------------------- 40 Chapter 18.64 - Density Bonus and Affordable Housing ------------------------------42

18.64.010 – Purpose and Applicability ------------------------------------------------------------------------------ 42

18.64.020 – Eligibility for Bonus, Incentives, or Concessions ----------------------------------------------- 42

18.64.030 – Allowed Density Bonuses------------------------------------------------------------------------------- 45

18.64.040 – Allowed Incentives or Concessions ----------------------------------------------------------------- 50

18.64.050 – Parking Requirements in Density Bonus Projects ---------------------------------------------- 52

18.64.060 – Bonus and Incentives for Development with Childcare Facilities ------------------------- 53

18.64.070 – Continued Availability ------------------------------------------------------------------------------------ 54

18.64.080 – Location and Type of Affordable Dwelling Units ------------------------------------------------ 55

18.64.090 – Processing of Bonus Requests ----------------------------------------------------------------------- 56

18.64.100 – Density Bonus Agreements ---------------------------------------------------------------------------- 56

18.64.110 – Controls of Resale ----------------------------------------------------------------------------------------- 58

18.64.120 – Waiver of Standards -------------------------------------------------------------------------------------- 59

18.64.130 – Mixed Use Density Bonuses --------------------------------------------------------------------------- 60 Table of Contents

4-ii November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18

A. When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in subsection C. to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the City shall grant to the commercial developer a development bonus as prescribed in subsection B. Housing shall be constructed on the site of the commerc ial development or on a site that is all of the following: 60

1. Within the boundaries of the City of Santa Clara ---------------------------------------------- 60

2. In close proximity to public amenities including schools and employment centers. 60 3. Located within one-half mile of a major transit stop. ----------------------------------------- 60 B. The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the City, that may include, but are not limited to, any of the following: ------------------------------------------------------------------------------------------------------------ 60

1. Up to a 20-percent increase in maximum allowable intensity in the General Plan. - 60

2. Up to a 20-percent increase in maximum allowable floor area ratio. -------------------- 60

3. Up to a 20-percent increase in maximum height requirements. -------------------------- 60

4. Up to a 20-percent reduction in minimum parking requirements. ------------------------ 60

5. Use of a limited-use/limited-application elevator for upper floor accessibility. ----- 60

6. An exception to a zoning ordinance or other land use regulation. ---------------------- 60 C. For purposes of this section, the agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercia l developer will contribute affordable housing, and shall be approved by the City. ------------------- 60 D. For purposes of this section, affordable housing may be contributed by the commercial developer in one of the following manners: ----------------------------------------------------- 60

1. The commercial developer may directly build the units. ------------------------------------ 60

2. The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing. ---------------------------- 60

3. The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project. 60 E. Replacement Housing. For purposes of this section, subparagraph (A) of paragraph (3) of subdivision (c) of Section 65915, as may be amended, shall apply. ------------------------------ 60 F. If the developer of the affordable units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in subsection C., the City may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units. ------------- 60 G. In order to qualify for a development bonus under this section, a commercial developer shall partner with a housing developer that provides at least 30 percent of the total units for low -income households or at least 15 percent of the total units for very l ow-income households. 61
H. Nothing in this section shall preclude an affordable housing developer from seeking a density bonus, concessions or incentives, waivers or reductions of development standards, or parking ratios under this Chapter. ------------------------------------------------------------------------------------ 61 I. A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within Chapter 17.40. --------------------------------------------------------------- 61

18.64.140 – Parking relief for 100% affordable projects ------------------------------------------------------- 61 A. If one hundred percent of all units in a development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up o 20 percent of the units in the development, including total units and density bonus units, may be for moderate -income households, as defined in Section 5 0053 of the Health and Safety Code, then the City shall not require parking if a development project meets any of the following criteria: ------------------------- 61

1. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. ---------------------------------- 61

2. The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development Article 4 – Standards for Specific Land Uses Table of Contents

Public Review Draft – Santa Clara Zoning Code, Title 18 June 2023 4-iii

has either paratransit service o r unobstructed access, within one -half mile, to fixed bus route service that operates at least eight times per day. -------------------------------------------------------------- 61

3. The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one -half mile, to fixed bus route service that operates at least eight times per day. ------------------------------------ 61

Chapter 18.66 - Wireless Telecommunications Facilities -----------------------------62

18.66.010 – Purpose and Applicability ------------------------------------------------------------------------------ 62

18.66.020 – Definitions---------------------------------------------------------------------------------------------------- 62

18.66.030 – Exemptions from Discretionary Permits ----------------------------------------------------------- 64

18.66.040 – Permits Required ------------------------------------------------------------------------------------------ 65

18.66.050 – Application Requirements ------------------------------------------------------------------------------ 66

18.66.060 – Location Requirements ---------------------------------------------------------------------------------- 67

18.66.070 – Facility Design and Developmental Standards -------------------------------------------------- 68

18.66.080 – Modification Constituting a “Substantial Change” --------------------------------------------- 69

18.66.090 – Operation and Maintenance Standards ------------------------------------------------------------ 69

18.66.100 – Discontinuance and Site Restoration --------------------------------------------------------------- 70

TABLES
Table 4-1 Home Occupation Standards ----------------------------------------------------------------------------- 16 Table 4-2 Standards for Reverse Vending Machines ----------------------------------------------------------- 26 Table 4-3 Standards for Small Recycling Collection Facilities ---------------------------------------------- 27 Table 4-4 Standards for Recycling Collection Facilities, Processing, and Transfer Facilities ---- 28 Table 4-6 Bonus for Lower Income Households ----------------------------------------------------------------- 45 Table 4-7 Bonus for Very Low-Income Households ------------------------------------------------------------ 45 Table 4-8 Bonus for Moderate-Income Households ------------------------------------------------------------ 46 Table 4-9 Basic Bonus ---------------------------------------------------------------------------------------------------- 49

FIGURES
No table of contents entries found.

Article 4 – Standards for Specific Land Uses Chapter 18.62

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Chapter 18.60 - Standards for Specific Land Uses
For use in Chapter Numbers
Sections

18.60.010 – Purpose and Applicability

18.60.020 – Accessory Dwelling Units

18.60.030 – Accessory Uses

18.60.040 – Alcoholic Beverage Sales and Service

18.60.050 – Bed and Breakfast Inns

18.60.060 – Caretaker Housing

18.60.070 – Child Day Care Facilities

18.60.080 – Congregate Care/Assisted Living Facilities (PLACEHOLDER)

18.60.090 – Data Centers

18.60.100 – Drive-in/Drive Through Establishments

18.60.110 – Emergency Shelters

18.60.120 – 8ome Occupations

18.60.130 – Live-Work Facilities

18.60.140 – Mobile Food Vendors

18.60.150 – Outdoor Dining and Seating

18.60.160 – Outdoor Displays and Sales

18.60.170 – Outdoor Storage

18.60.180 – Personal Services, Restricted

18.60.190 – Recycling Facilities

18.60.200 – Temporary Uses

18.60.210 – Vehicle Repair Facilities

18.60.220 – Vehicle Sales Facilities

18.60.230 – Vehicle Fueling Stations

18.60.240 – Massage Facilities

18.60.250 – Certified Farmers' Markets

18.60.260 – Short-Term Rentals of Residential Property

18.60.010 – Purpose and Applicability
Purpose. The purpose of this Chapter is to ensure that all development is consistent with the General Plan to the maximum extent practicable, complies with the applicable standards of this Chapter, produces an environment that is harmonious with existing and futur e development, and protects the use and enjoyment of neighboring properties.

Applicability.

The standards in this Chapter apply to the specified uses in all zones.

These standards shall be considered in combination with the standards for each zone in Article 2 (Zones, Allowable Uses, and Development Standards), and Article 3 (Site Planning and General Development Standards ). Where there may be a conflict, the standards specific to the zone or specific land use shall override the general standards in this Chapter.

Article 4 – Regulations Applicable to All Zones Chapter 18.62

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All structures, additions to structures, and uses shall conform to the standards of this Chapter as determined applicable by the Director.

Wherever a distance or location/separation requirement is applied in this Article, the distance or location/separation shall be m easured in a straight line, without regard to intervening structures or objects, from one property line to another property line of the parcel on which the use(s) is located.

18.60.020 – Accessory Dwelling Units
A. Ministerial ADU Approval on Single -Family Parcels. The City shall ministerially approve the construction of accessory dwelling units (ADUs) through the issuance of a Zoning Clearance on any single-family residential parcel to create any of the following:

One detached ADU;
One attached ADU or one attached JADU, subject to the following:
a. The attached ADU has exterior access and is contained within the setbacks required by the zoning district of an existing or proposed Single Family Dwelling (SFD), and matches the height of the existing or proposed building or an existing accessory structure; b. The attached ADU is within the Building Envelope of an existing accessory structure.

Enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence;
c. The JADU has exterior access and is contained within the Building Envelope of an existing or proposed Single Family Dwelling (SFD); or
d. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area
One converted ADU satisfying the requirements of subsection 18.60.020.J.

Any combination of one detached ADU described in Subsection 1 Above, one attached JADU described in Subsection 2.c or 2.d, above, and one converted ADU described in Subsection 3 above.

B. Ministerial ADU Approval on Multi -Family and Mixed -Use Parcels. The City shall ministerially approve ADUs through the issuance of Zoning Clearance on any multi -family residential or mixed-use parcel to create any of the following:

Up to two detached ADUs that comply with ADU height and setback standards; At least one attached ADU in a multi -family or mixed -use structure, and additional attached ADUs up to 25 percent of the number of existing dwelling units, provided that any attac hed ADUs are placed within areas of the structure that are not currently used as livable space, including storage rooms, boiler rooms, passageways, attics, basements, or garages; or A combination of the ADUs listed in Subsections 1. and 2., above.

For ADUs subject to ministerial approval in one of the categories above, the following shall apply:
a. Legal nonconforming zoning conditions (setbacks, parcel coverage, etc.) do not need to be brought into conforming status in order to obtain the Building Permit for the ADU. In addition, illegal conditions unrelated to the construction of the ADU do not have to be corrected as a prerequisite to the construction of the ADU. Notwithstanding the foregoing, the City reserves its rights to require correction of any illegal conditions through standard code enforcement processes.

Chapter 18.32 Accessory Structures

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b. All rentals of ADUs and JADUs shall be for a term longer than 30 days beginning in 2020. c. Proposed ADUs not falling within any of the categories listed above may potentially still be approved but shall meet the standards specified in SCCC Chapters 18.10 or 18.12 and undergo Architectural Review in compliance with Chapter 18.76.

Development Standards Applicable to All ADUs.

Parcel size: No minimum parcel size is required to construct an ADU or J ADU on a single- family, multi-family. or mixed-use property.

Minimum floor area: 150 square feet.

Parking: No parking spaces are required for an ADU or JADU When a garage, carport, or covered parking structure for the SFD is demolished in conjunction with the construction of an ADU or JADU or converted to an ADU or JADU, those off -street parking spaces need not be replaced.

Development Standards for ADU s and JADUs on Single-Family, Multi-Family, and Mixed -Use Parcels.

Detached ADUs.
a. Height limit: 25 feet
b. Maximum number of stories: 1.5.
c. Setback, rear: 4 feet.
d. Setback, side: 3 feet.
e. Setback, corner side: 4 feet.
f. Unit size maximum, parcels less than or equal to 5,500 square feet: 1,000 square feet. g. Unit size maximum, parcels greater than 5,500 square feet: 1,200 square feet. h. Detached ADUs may include a detached garage.

Additional development standards for detached ADUs greater than one story and 18 feet in height.
a. Setback, rear, one-story elements: 4 feet.
b. Setback, rear, multi-story elements: 15 feet.
c. Maximum width for dormers: 40 percent of the subject building elevation. d. Egress windows: Egress windows shall face the primary residence, as opposed to the neighboring properties.

Attached ADUs.
a. Height, number of stories: 25 feet and 2 stories
b. Setbacks: Meet the setbacks for the subject zone, except as provided in paragraphs F and H.
c. Unit size: 1,000 square feet or 50 percent of the size of the main unit (minimum of 800 square feet), whichever is less.

d. All attached ADUs subject to ministerial approval shall be constructed within the setbacks required by the zoning district and at a maximum height of 25 feet, or within the Building Article 4 – Regulations Applicable to All Zones Chapter 18.62

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Envelope of an existing accessory structure. However, an attached ADU will still qualify as being within the “buildi ng envelope” if it includes an expansion of an existing SFD or accessory structure by up to 150 square feet for purpose of creating ingress/egress. Such an expansion may exceed the zoning requirements for the main SFD (such as parcel coverage and setbacks).
e. For the purposes of ADUs, “Building Envelope” shall mean the walls of a proposed SFD or an existing SFD or accessory structure. However, an attached ADU will still qualify as being within the “building envelope” if it includes an expansion of an existing accessory structure by up to 150 square feet for purpose of creating ingress/egress. Such an expansion may exceed the zoning requirements for the main SFD (such as parcel coverage and setbacks).

Development Standards for JADUs. JADUs are attached ADUs built within the building envelope of an existing or proposed structure.

The maximum area of a JADU is 500 square feet.

All JADUs must be constructed within the walls of a proposed or existing SFD. The 150-square foot “building envelope” expansion is not av ailable for JADUs . JADUs are not permitted in accessory structures.

A JADU shall contain an efficiency kitchen (a cooking facility with appliances, a food preparation counter, and storage cabinets).

A JADU may include separate bathroom facilities or may s hare bathroom facilities with the main SFD. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

Owner-occupancy is required in the single- family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

The recordation of a deed restriction is required, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single- family residence, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the JADU that conforms with this section of the Zoning Code.

ADUs subject to Parcel Coverage, Floor Area Ratio (FAR), and Open Space Requirements.

ADUs and JADUs are subject to front setback requirements, parcel coverage, FAR, and open space requirements, but only to the extent that such requirements would still allow for:

A detached ADU of 800 square feet, that is at least 18 feet in height with four -foot rear yard and four -foot side yard se tbacks. Setbacks and side yard setbacks to be constructed in compliance with all other applicable City development standards.

An attached ADU, staying within the existing Building Envelope, and constructed in compliance with all other applicable City development standards.

ADUs Not Meeting Ministerial Approval Standards. ADUs and JADUs not meeting ministerial approval standards under Paragraph A, are subject to Architectural Review in compliance with Chapter

18.76 and shall meet all applicable Zoning Code regulations.

Chapter 18.32 Accessory Structures

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ADUs Proposed in The Location of Existing Accessory Structures. No setbacks are required for conversions of existing structures (garages or other accessory structure) that are constructed in the same location and to the same dimensions as the existing structure.

ADUs on Historically Designated Properties.

The City is expressly allowed to regulate parking, height, setback, landscape, Architectural Review, maximum unit size, to require standards that prevent adverse impacts on any properties listed in the California Register of Historical Resources.

The addition of an ADU to a property listed in the California Register of Historical Resources requires a Significant Properties Alteration (SPA) Permit.

Standards Applicable to Converted ADUs . The f ollowing standards apply only to converted accessory dwelling units:

Definition. A converted ADU is an ADU converted from an existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses, or an accessory structure including but not limited to a studio, pool house, or other similar structure.

Limited Expansion. Conversions may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure.

Exterior Access Required. The converted space or structure shall have exterior access.

Setbacks. An accessory dwelling unit or portion of an accessor y dwelling unit located within the existing space of an existing dwelling or within an existing detached accessory structure shall not require a setback from the rear, street side, or interior side property lines.

Parking. No additional off-street parking is required for the converted accessory dwelling unit.

If replacement parking is provided, the replacement spaces shall be located in any configuration on the same parcel as the accessory dwelling unit and may include but is not limited to covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface.

Unit Size Requirements. The conversion of an existing accessory structure or a portion of the existing primary dwelling to an accessory dwelling unit is not subject to unit size requirements established in this Section. For example, if an existing 2,000 square-foot accessory structure was converted to an accessory dwelling unit, it would not be subj ect to the established unit size requirements.

18.60.030 – Accessory Uses
Purpose. The purpose of this Section is to regulate accessory uses throughout the City in a manner that ensures compatibility with the primary use and surrounding existing uses and further ensures that the accessory use is clearly incidental and subordinate to the primary use on the site.

Objectives. The following objectives shall be satisfied in approving any accessory use :

The accessory use is clearly incidental and subordinate to the primary use on the site; The accessory use supports and enhances the primary use on the site; The accessory use does not change the character of the primary use; and The accessory use is compatible with the primary uses on surrounding properties.

Article 4 – Regulations Applicable to All Zones Chapter 18.62

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Considerations. The following considerations shall be used in reviewing proposed accessory uses to help determine if they will meet the above listed objectives:

The type of primary use on the site and the relationship of the proposed accessory use to the primary use;
The size and intensity of the proposed accessory use in comparison to the primary use (with respect to floor area, sales revenue, number of employees, traffic, etc.); and If the primary use is existing or proposed and if existing, for how long? Approval Process.

Application Process. An application for an accessory use shall be reviewed through one of the following processes, at the determination of the Director:
a. As an addition to an allowed primary use located on the site where only Zoning Clearance and no Minor Use Permit or Conditional Use Permit is required; b. As an addition to an allowed primary use located on the site but a Minor Use Permit or Conditional Use Permit is required for the accessory use; c. As a major or minor modification to the existing Minor Use Permit or Conditional Use Permit for the primary use located on the site; or
d. As a new Minor Use Permit or Conditional Use Permit for both the primary and accessory use.

Director Determination. The determination by the Director as to the type of permit and level of review that shall be required for an accessory use shall be based on the potential for controversy, opposition, any unresolved issues, or policy implications.

18.60.040 – Alcoholic Beverage Sales and Service
Purpose and Intent. The purpose of this Section is to regulate Alcoholic Beverage Sales associated with a restaurant or retail establishment consistent with relevant State and Federal law. The intent is to allow Alcoholic Beverage Sales in a way that is compatible with the primary use and surrounding existing uses.

Permit Requirements. The Alcoholic Beverage Sales and Service are allowed in certain commercial, mixed-use, and office and industrial zones as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

Sales and Service Incidental to a Restaurant. Alcohol Sales and Service is allowed incidental to a restaurant, as defined in Article 8 (Definitions), provided the alcohol sales and service use conforms to all of the following standards:

Alcohol is served only with meals at a restaurant, as defined in Article 8, which conforms to the requirements of this Zoning Code; and
Alcohol sales and service conforms to the requirements of the California Department of Alcoholic Beverage Control.

Tasting Incidental to a Re tail Establishment. Tasting of beer, wine, or spirits incidental to the retail sales of goods and merchandise is allowed, with Zoning Clearance approval, in compliance with this Zoning Code and all of the following additional provisions:

The use is incidental to a retail establishment with a floor area of not less than 25,000 square feet;
Chapter 18.32 Accessory Structures

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The use is limited to sampling beer, wine, or spirits sold or offered for sale by the retail establishment for off-site consumption;
The use occurs entirely within a designated area delineated by a rope, railing, or other temporary or permanent barrier;
The use does not occur between the hours of 9:00 p.m. and 7:00 a.m. or when the retail establishment is closed to the public; and
The use conf orms to all requirements of the California Department of Alcohol Beverage Control.

18.60.050 – Bed and Breakfast Inns
Purpose. The purpose of this Section is to regulate the establishment and operation of Bed and Breakfast Inns.

Zones Allowed.

Residential Zones. In residential zones, a Bed and Breakfast Inn may be located in any single-family dwelling as determined by the Director.

Commercial Zones. In commercial zones, a Bed and Breakfast Inn may be allowed on a parcel with an existing single-family residential dwelling converted for the purposes of lodging as determined by the Director.

Bed and Breakfast Inns Standards. The following standards shall apply to Bed and Breakfast Inns:

Where permitted in residential zones, the primary owner(s) shall remain in residence at the Bed and Breakfast Inn when guests are present.

A Bed and Breakfast Inn may contain no more than five guest rooms used, let or hired out for the transient occupancy of one or more guests and operated as a commercial service enterprise for profit or livelihood. The number of guests shall be limited by the number of bedrooms located in the single-family dwelling.

Guests of a Bed and Breakfast Inn shall register upon arrival, stating their names, current residence addresses and the license plate number of their vehicle (excluding common carriers or charter bus). The registration form shall be kept by the owner for a period of at least three years and shall be made available for examination by a representative of the City’s Department of Finance upon notice.

Bed and Breakfast Inns shall be subject to the Transient Occupancy Tax and the operator of a Bed and Breakfast Inn shall pay in a timely manner any Transient Occupancy Tax required by the City.

Off-street parking requirement s shall comply with Chapter 18.38 (Off -Street Parking Regulations and Design Standards).

Food service may only include limited meals (i.e., breakfasts) along with late-night snacks and other refreshments) and shall be clearly secondary and incidental to the use of the property for lodging purposes.
a. Food service, shall be limited to Bed and Breakfast Inn registered guests only. b. Food service shall be subject to the approval and maintenance of a Food Facility Permit issued by the Santa Clara County Department of Environmental Health.

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18.60.060 – Caretaker Housing
Purpose. The purpose of this Section is to regulate the establishment and operat ion of Caretaker Housing in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) .

Permit Requirements. Caretaker Housing is allowed in certain commercial, mixed-use, and office and industrial zones as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

Development Standards. The following standards shall apply to Caretaker Housing:

Maximum Size. The Caretaker’s unit may be no larger than 800 square feet.

Maximum Bedroom. The Caretaker’s unit may have no more than one bedroom.

Parking. Only one off-street parking space shall be required.

18.60.070 – Child Day Care Facilities
Purpose. This Section provides locational , developmental, and operational standards for Child Day Care Facilities in compliance with State law.

Standards for Child Day Care Centers. These standards apply in addition to the other provisions of this Zoning Code and requirements imposed by the California Department of Social Services. The establishment of a Child Day Care Center shall comply with Article 2 (Zones, Allowable Uses, and Development Standards), and all the following standards, as applicable to the use:

Access shall be only from a collector or arterial street, or a local street if the street is developed primarily with businesses.

Play areas shall be located at least five feet from the adjacent property lines and separated from any contiguous residential yards by a six-foot high solid fence or wall.

The child day care center shall provide a minimum standard of 75 square feet of outdoor activity space for each ambulatory child. The outdoor area shall be owned or leased by the applicant and cannot be shared with other property owners unless permission is granted by the joint owners;
All outdoor play equipment is located at least five feet from the adjacent property lines . No outdoor play equipment shall be allowed in front yards; Compliance with any conditions imposed by the Review Authority deemed reasonable and necessary to satisfy the requirements of this Section.

18.60.080 – Assisted Living Facilities / Congregate Care Purpose and Intent. The purpose of this Section is to provide criteria that distinguish a use an assisted living facility from an independent living arrangement, or from a dependent care facility such as a nursing home. Whether a use qualifies as an assisted living facility will affect the zones where the use is permitted, and how the City’s Parkland Dedication Ordinance and Affordable Ordinance apply to the use.

Distinguishing Characteristics . The Director will determine whether a proposed use qualifies as assisted living considering the following factors:
a. Level of care. On a spectrum of care, an assisted living facility falls between fully independent living situations and fully dependent care. Residents of an assisted living Chapter 18.32 Accessory Structures

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facility need help with activities of daily living. Residents of a nursing home, by contrast, require frequent or perpetual care.
b. Medical conditions . Residents of independent living will have either minor medical conditions or are completely health. Residents of a nursing home have life threatening conditions. Residents of assisted living have minor to major medical conditions, although some residents may not have any health concerns.
c. Kitchens. While independent living will typically provide full kitchens, and nursing homes will provide no kitchens, assisted living will usually include a “mini” kitchen containing a microwave and sink. Assisted living facilities will frequently also have a communal dining area in the building.
d. Layout. Assisted Living facilities have private living areas typically ranging from studios to 2-bedrooms, in a layout similar to a hotel. Nursing homes have either private or shared rooms in a layout similar to a hospital.
e. Personnel On-site. Independent living facilities will typically have an attendant available, but not necessarily on site. Assisted living facilities will typically have an attendant on 24- hour staff. Nursing homes will have nurses on 24-hour duty.

Categorization of use . The application of the City’s Parkland Dedication Ordinance and Affordable Housing Ordinance depend upon whether a use is categorized as “residential” or “commercial.” Since assisted living facilities have characteristics of both, the following standards shall apply, consistent with prior City practice:
a. Affordable Housing Ordinance. The square footage of assisted living units attrib utable to bedrooms will be treated as residential space, and all square footage will be treated as commercial space.
b. Parkland Dedication Ordinance. The Parkland Dedication Ordinance will apply to the residential units, irrespective of the presence of any service or commercial component to the building, in the same way that the residential units in a mixed- use building would be subject to the Ordinance.

Memory Care Excluded. Memory Care units are not considered assisted living, and are treated as a commercial use for the Affordable Housing Ordinance and Parkland Dedication Ordinance.

18.60.090 – Data Centers
Purpose and Intent. The purpose of this Section is to establish standards for the development and operation of Data Centers , as that term is defined in Article 8 (Definitions), as allowed by Article 2 (Zones, Allowable Uses, and Development Standards) . The intent of these standards is to regulate Data Centers for compatibility with surrounding uses and property.

Permit Requirements. Data Centers are allowed as specified in Table 2-9 (Office and Industrial Zone Allowed Uses and Permit Requirements).

Developmental Standards. The following standards shall apply to all Data Centers:

Primary Structure Facades. Primary structure facades shall include all structure facades that face adjacent public roads. Primary structures may house a primary use, and secondary Article 4 – Regulations Applicable to All Zones Chapter 18.62

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(freestanding) structures may house the data center, or the data center may be included in the primary structure. Primary structure facades associated with new construction shall meet all of the following standards:
a. Primary structure façade design shall avoid the use of undifferentiated surfaces by including at least two of the following design elements: change in structure height, structure step- backs or recesses, fenestration, change in structure material, pattern, texture, color, or use of accent materials.
b. When a primary structure has more than one facade, the facades shall be consistent in terms of design, materials, details, and treatment.

Exterior Lighting. All exterior lighting shall be designed and constructed with cutoff and fully shielded fixtures that direct light downward and into the interior of the property and away from adjacent roads and properties in compliance with Section 18.40.070 (Outdoor Lighting).

Structural Noise Reduction Measures. All data centers are required to provide structural noise reduction measures for any exterior cooling fans or equipment, such as baffles or acoustic louvers, to the satisfaction of the Director of Community Development.

18.60.100 – Drive-in/Drive-Through Establishments
Purpose. The purpose of this Section is to establish standards for the development and operation of Drive-In/Drive-Through Establishments as allowed by Article 2 (Zones, Allowable Uses, and Development Standards).

Permit Requirements. Drive-In/Drive-Through Establishments are allowed as specified in Table 2-4 (Commercial Zone Allowed Uses and Permit Requirements ) and Table 2-7 (Mixed-Use Zone Allowed Uses and Permit Requirements).

Developmental Standards. The following standards shall apply to all Drive-In/Drive-Through Establishments:

Drive-through aisles shall have a minimum 10- foot interior radius at curves and a minimum 11-foot width.

Each entrance to an aisle and the direction of traffic f low shall be clearly designated by signs/pavement markings.

Each drive-through aisle shall be separated by curbing and landscaping from the circulation routes necessary for ingress or egress from the property or access to a parking space.

Pedestrian walkways generally should not intersect the drive-through access aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings.

The provision of drive- through service facilities shall not justify a reduction in the number of required off-street parking spaces.

Drive-through access aisles shall provide at least 100 feet of space before a menu/order board. Additional menu-only boards may be provided.

To properly screen vehicles and associated headlights in a drive- through lane from view of abutting street rights-of-way, a minimum five-foot-wide planter shall include a minimum three- foot-tall (maximum four -foot-tall) landscape barrier planted with shrubs and trees and other landscaping consistent with those in the parki ng area. At no time shall this landscape barrier be pruned in a manner that allows the vehicle headlights from the drive- through lane to be visible from abutting street rights -of-way. Plantings shall also be designed to discourage potential safety issues (e.g., persons lying in wait).

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A minimum eight-foot-high solid decorative wall shall be constructed on each property line that adjoins a residentially zoned or used parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director. A minimum five- foot landscaping strip shall be provided between the fence and any driveway which shall be maintained by the owners, developers, and/or successors-in-interest.

18.60.110 – Emergency Shelters
Purpose. The purpose of this Section is to establish standards for the development and operation of Emergency Shelters which as allowed by Article 2 (Zones, Allowable Uses, and Development Standards).

Location. Emergency shelters are allowed as follows:

In the C-C, C-R, and MU-VHD permitted by right.

In the R3, R4, and R5 zones, permitted by right.

In the LI Light Industrial zone, permitted by right.

In the PQP Public/Quasi-Public district, allowed with a Minor Use Permit Permitting Requirements. An application must meet the minimum property development standards for the applicable zoning designation on the date the operator submits the materials required by Subsection E. (Shelter Management Plan).

Developmental and Operational Standards. The following standards shall apply to all Emergency Shelters:

Parcel Coverage and Maximum Occupants . The maximum number of occupants to be served at any given time shall not exceed 50.

Separation of Uses. A minimum distance of 300 feet shall be maintained from any other emergency shelter.

Length of Stay. The maximum stay at the facility shall not exceed 180 total days in any 365- day period.

Intake Areas. On-site client waiting and intake areas shall be located insid e the structure, when feasible, and shall be screened from public and private property. If not feasible, an exterior waiting area shall be provided which:
a. Contains a minimum of 10 square feet per bed provided at the facility; b. Shall be in a location not adjacent to the public right-of-way; and c. Shall be visibly separated from public view by a minimum six-foot-tall visual screening.

Intake Area Hours. Hours of intake shall be between the hours of 5:00 p.m. to 9:00 p.m.

Overnight occupants shall not be allowed to leave the facility on foot before 7:00 a.m. the following morning.

On-site Employee Requirements. A minimum of one employee for each 15 beds provided, in addition to security personnel, shall be on duty and remain on-site during operational hours whenever occupants are on the site.

Required Security. Security personnel shall be provided during operational hours whenever clients are on the site and when people are waiting outside the facility.

Exterior Lighting. Exterior lighting shall be provided for the entire outdoor area of the site.

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and public rights -of-way, and be of an intensity compatible with the neighborhood and the regulations Section 18.40.080 (Outdoor Lighting).

Allowable On-site Services. The emergency shelter may provide the following services and facilities to occupants in a designated area separate from the sleeping areas:
a. A recreation area either inside or outside the shelter. If located outside, the area shall be screened from public view.
b. A counseling center for job placement, educational, health care, legal, or mental health services.
c. Laundry facilities sized to properly serve the number of occupants at the shelter. d. Kitchen for the preparation of meals.
e. Dining hall.
f. Client storage areas (i.e., for the overnight storage of bicycles and personal items). g. Similar services supporting the needs of homeless occupants.

Annual Report to the City. The operator of the facility shall provide, via the Homelessness Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations , at the City’s request, an annual report of the use of the facility and determination of compliance with the City’s development standards for the use. The report shall include information regarding client stays, client demographics, client income, and exit destinations.

On-site Managem ent. Professional and on- site management, with experience managing emergency shelters, shall be provided at all times.

Shelter Management Plan.

Contents of Management Plan. The shelter operator shall demonstrate compliance with the requirements of Subsection D. (Developmental and Operational Standards ) by providing the Director with a shelter management plan. The shelter management plan shall consist of a written description of the characteristics of the planned shelter along with preliminary plans for the existing or proposed shelter facility, including parking. The shelter management plan shall address all of the following:
a. Hours of operation;
b. Admission hours and process;
c. Staff training;
d. Neighborhood outreach and privacy;
e. Security; and
f. Resident counseling and treatment.

Review by the Director. The shelter management plan is subject to approval by the Director prior to issuance of the Certificate of Occupancy. The submission shall include sufficient detail for the Director to assess whether the proposed shelter will satisfy the requirements specified in Subsection D. (Developmental and Operational Standards) . Within 30 days of receiving a complete application, the Director shall inform the proposed operator whether the submission satisfies Subsection D., above. If the Director determines the proposed emergency shelter fails to satisfy the requirements of Subsection D. , the proposed operator shall be informed in writing of the conclusion, the reasons for the conclusion, and the facts on which the conclusion was based. The Certificate of Occupancy may only be issued following the Director‘s approval of the shelter management plan.

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Updates. The shelter operator shall submit a rev ised SMP to the Director at least 60 days prior to changing any of the characteristics specified in the Plan. The Director shall have the authority to veto any proposed change to the SMP that would have the potential to violate Subsection D. (Developmental and Operational Standards).

Compliance Required . Any emergency shelter shall operate in compliance with the terms of the shelter management plan approved by the Director, this Zoning Code, and the approved Conditional Use Permit, if applicable.

Additional Requirements. Nothing in this Section, or approval of any Conditional Use Permit or shelter management plan, shall relieve a proposed operator from the obligation to satisfy all applicable building, zoning, environmental, and other laws, regulations, or ordinances that may otherwise apply to the construction, location, or operation of the emergency shelter.

18.60.120 – Home Occupations
Purpose and Intent. The purpose of these home occupation standards is to regulate commercial and office uses within and accessory to residential dwellings. The intent of these standards is to allow certain home-based businesses while preserving the intended residential character of a neighborhood and/or dwelling as contemplated in the General Plan and this Zoning Code.

Zoning Clearance Required. Home Occupations are allowed as specified in Table 2-1 (Residential Zone Allowed Uses and Permit Requirements) and subject to the issuance of a Zoning Clearance.

General Standards. A Home Occupation meeting the requirements of this Section shall be allowed in any dwelling unit, including a mobile home, as an incidental use of the dwelling. The provisions of this Section shall apply to all dwelling units implemented in compliance with the requirements of this Zoning Code, regardless of the zone in which the parcel is located.

Home Occupation Standards. The following standards shall apply to all Home Occupation activities:

Authorization. No Home Occupation shall be initiated unless and until the Department issues a Zoning Clearance confirming compliance with the requirements specified in Table 4-1 (Home Occupation Standards), below, and all other provisions of this Section, and the applicant has agreed in writing to operate the home occupation in compliance with all of the requirements of this Section.

Business Tax Certificate. Issuance of a City Business Tax Certificate, commonly referenced as a Business License, shall in no way signify authorization of a Home Occupation or compliance of a home occupation with the requirements of this Section.

Table 4-1
Home Occupation Standards

No Operator/Employees Allowed
The dwelling unit shall be the primary dwelling
of the operator(s) of the home occupation. No
employee, assistant, or volunteer is allowed
unless the dwelling is that person’s primary
dwelling, except for cottage food uses,
consistent with the State Cottage Food Act
(Government Code Section 51035).

Clients/Customers A maximum of two clients at a time are allowed at the dwelling.

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Table 4-1
Home Occupation Standards

Hours of Operation – Client Visits No clients are allowed at the dwelling between 7:00 p.m. and 9:00 a.m. daily.

Location
The home occupation shall be conducted
entirely within the dwelling and shall not be
conducted within a garage, accessory
structure, or outdoors. The use shall occupy no
more than 25 percent of the dwelling ’s floor
area, excluding the garage.

Sales
No articles shall be displayed, sold, or offered
for sale to any customer at the dwelling except
in compliance with the garage/personal
property sale provisions of Chapter 18.122
(Temporary Use Permits) or except fresh
produce (fruit and vegetables) and cottage
food products produced on the site.

Signs
No signs are allowed except for sign s allowed
for a dwelling unit in compliance with Chapter

18.42 (Sign Standards)
Access
Access to the home occupation area shall be
from within the dwelling. No separate entrance
from the exterior of the dwelling shall be
allowed.

Traffic
The use shall not generate pedestrian or
vehicular traffic beyond that which is
considered normal in a residential area.

Vehicles
A maximum of one commercial vehicle with a
manufacturer’s gross vehicle weight of no
more than 8,000 pounds shall be allowed on
the premises. If the vehicle is not removed
from the residential neighborhood at least once
every 7 2 hours, it must be stored within an
enclosed structure on the premises.

Hazardous Materials
The use or storage of hazardous, flammable,
combustible, or explosive materials is not
allowed except for materials and in such
quantities as are customarily inci dental to a
dwelling.

Equipment
No mechanical or electrical equipment shall be
allowed other than equipment that is
customarily incidental to a dwelling.

Nuisance Prohibited
The use shall not create a public nuisance with
regard to dust, heat, noise, odors, smoke,
television or radio interference, radiation , or
vibration.

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Prohibited Home Occupations.

The following uses and activities are prohibited as Home Occupations:
a. Animal hospitals;
b. Boarding and/or rooming house for more than one guest; c. Food catering or production except in compliance with the Cottage Food Act (Government Code Section 51035);
d. Massage, except certified massage as defined in Article 8 (Definitions); e. Medical doctor, chiropractor, dentist, acupuncturist, or other practitioner of the healing arts;
f. Vehicle storage, cleaning, dismantling, installation, manufacture, repair, service ; g. Vehicle sale, lease, rental, or dispatching including via e-commerce platforms; h. Welding; or
i. Any use that does not comply with the standards specified in this Section.

This list, from time to time, may be increased with additional classifications which are found by the Director to change the character of the dwelling unit or adversely impact the residential neighborhood’s character.

18.60.130 – Live-Work Facilities
Purpose. The purpose of this Section is to regulate the establishment and operation of Live -Work Facilities in compliance with Article 2 (Zones, Allowable Uses, and Development Standards).

Permit Requirements. Live-Work Facilities are allowed in certain residential, commercial, and mixed- use zones as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

Development Standards. The following standards shall apply to all Live-Work Facilities:

A minimum first floor to ceiling height of 12 feet shall be provided and maintained; A minimum front room depth of 35 feet shall be provided and maintained; A minimum of 65 percent window glazing along the front elevation shall be provided and maintained;
Double entry doors with a minimum of 80 percent transparent glass surface area shall be provided and maintained;
Live/work units may occupy a maximum of 25 percent of an individual structure’s ground floor retail frontage; and
The Live-Work Facilities do not count towards any minimum commercial FAR.

18.60.140 – Outdoor Dining and Seating
Purpose and Intent. The purpose of this Section is to regulate permanent Outdoor Dining and Seating.

Temporary uses are addressed in Chapter 18.122 (Temporary Use Permits) . The int ent of these regulations is to encourage outdoor dining and seating that is compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance.

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Permit Requirements.

All Outdoor Dining and Seating areas subject to the requirements of this Section shall be allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards) .

Outdoor Dining and Seating areas are allowed as follows:
a. When providing 24 or fewer seats: A Zoning Clearance is required; and b. When providing 25 or more seats: A Minor Use Permit is required.

When a Minor Use Permit is required, in order to approve proposed outdoor seating, the Director shall make the standard findings required for the Minor Use Permit, as well as all the following additional findings:
c. Allows a continuous pedestrian path of tr avel in compliance with S tate and Federal accessibility regulations that will not obstruct fire, pedestrian, and wheelchair access. d. Does not unduly interfere with pedestrian traffic on the sidewalk. e. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way. f. Allows an unobstructed view of traffic devices.

General Developmental Standards. The following developmental standards shall apply to all Outdoor Dining and Seating Facilities:

Location. Outdoor dining and seating shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon driveways, emergency vehicle/fire access lanes, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building Code. Outdoor dining and seating shall not be located within the public right -of-way, in required parking spaces , in designated vehicle drive aisles, or within required landscape planter areas.

Hours of Operation. Except as otherwise provided, hours of operation for outdoor dining and seating areas shall be consistent with those for the primary use.

Signs. No additional business identification or advertising signs for outdoor dining and seating shall be allowed above the maximum number and allowable sign area for th e corresponding primary use as established in Chapter 18.42 (Sign Standards).

Maintenance. Outdoor dining and seating areas shall be kept free of garbage and other debris and shall not encroach into required sidewalk clearance areas as follows: all outdoor dining and seating areas shall leave a minimum horizontal clear space of six feet of clear sidewalk space, or greater if the Director of Public Works determines necessary to protect pedestrian access to the sidewalk area.

Quality of Materials. Any outdoor dining and seating area shall use high quality materials compatible with surrounding uses and structures. For example, inexpensive plastic or polypropylene chairs are not compatible with permanent higher quality surrounding materials and structures. The selected materials shall be subject to the Director’s approval.

Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning Code, no outdoor dining and seating area shall be located less than 100 feet from the property line of a residentially zoned parcel without prior approval of a Minor Use Permit. However, a Minor Use Permit shall not be required for the following activities when located less the 100- foot separation requirement:
g. Service windows for pedestrians.

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h. Outdoor dining and seating incidental to a restaurant or beverage/food establishment that conforms to all the following criteria:
(1) Is separated from residentially zoned property by a nonresidential building; (2) Does not operate between the hours of 10:00 p.m. and 6:00 a.m. daily; (3) Can be secured, in order to prevent access during non-business hours; and (4) Is operated in a manner that does not create a private or public nuisance.

Operational Standards. The following operational standards shall apply to all Outdoor Dining and Seating Areas:

Permittee to Ensure Maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area containing the outdoor dining and seating, including any design requirements hereafter enacted, from the structure frontage to the curb.

Permittee to Ensure Compliance. The permittee shall restrict the outdoor dining and seating to the approved location and ensure compliance with all applicable laws, including laws against blocking the public right -of-way, health and safety law s, public cleanliness laws, and laws regulating sale and public consumption of alcohol.

Alcoholic Beverage Sales. Areas in which alcoholic beverages are served shall comply with the standards established by the State Department of Alcoholic Beverage Control.

Clean-up Facilities. Outdoor dining areas, whether part of a single restaurant or shared by several restaurants, shall provide adequate clean-up facilities, and associated procedures, in the following manner.
a. Cleaning Schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public hea lth and safety; and,
b. Waste Receptacles. Outdoor dining areas shall contain waste receptacles, which shall not be allowed to overflow, for use by the public and/or restaurant employees.

Required Parking. No additional parking shall be required for the outdoor dining and seating area associated with the primary use.

Entertainment. Outdoor dining and seating areas that provide dancing, entertainment, or amplified music shall comply with the noise standards in City’s Noise Ordinance (SCCC Chapter 9)

18.60.150 – Outdoor Displays and Sales
Purpose and Intent. The purpose of this Section is to regulate permanent Outdoor Displays and Sales.

Temporary uses are addressed in Chapter 18.122 (Temporary Use Permits) . The intent of these regulations is to encourage Outdoor Displays and Sales that are compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance of unrestricted clutter.

Permit Requirements.

All Outdoor Displays and Sales that are subject to the requirements of this Section shall be allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards) .

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When a Minor Use Permit is required, in order to approve proposed Outdoor Displays and Sales, the Director shall make the standard findings required for the Minor Use Permit, as well as all the following additional findings:
a. Allows a continuous pedestrian path of travel in compliance with S tate and Federal accessibility regulations that would not obstruct fire, pedestrian, and wheelchair access. b. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way. c. Allows an unobstructed view of traffic devices.

Exemptions. The following uses shall be exempt from the requirements for a Minor Use Permit , provided that the uses comply with all other requirements of this Section:

The seasonal sale of Halloween pumpkins or Christmas trees and greenery (regulated by Chapter 18.122 (Temporary Use Permits).

The selling of any product from the sidewalk area of a public street.

The placement or maintenance of news racks within the public right-of-way in compliance with the applicable provisions in the SCCC.

The vending of beverages, goods, wares, or merchandise for the use of an on- site business when the vending facility remains on the site for one hour or less in any 24- hour period, including Mobile Food Vendors in compliance with Section 18.60.170 (Mobile Food Vendors).

General Development Standards. The following general standards shall apply to all Outdoor Displays and Sales activities.

Location. Outdoor Displays and Sales shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation. The Outdoor Displays and Sales shall not encroach upon or be located within required setbacks or public rights-of-way, driveways, emergency vehicle/fire access lanes, landscaped areas, required parking spaces, pedestrian walkways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building Code.

Hours of Operation. Except as otherwise provided, hours of operation for Outdoor Displays and Sales shall be consistent with those for the primary use.

Signs. No additional business identification or advertising signs for the Outdoor Displays and Sales may be allowed above the maximum allowable sign area for the corresponding primary use as established in Chapter 18.42 (Sign Standards).

Maintenance. Outdoor Displays and Sales areas shall be kept free of garbage and other debris and shall not encroach into required sidewalk areas as follows: all Outdoor Displays and Sales areas shall leave a minimum horizontal clear space of six feet, or greater if the Director of Pub lic Works determines necessary for safe pedestrian access to the sidewalk area.

Waste Collection and Disposal. Solid waste collection, recycling, and/or disposal shall be provided.

Quality of Materials. Any Outdoor Displays and Sales area shall use high quality materials compatible with surrounding uses and structures . For example, inexpensive plastic is not compatible with permanent higher quality surrounding materials and structures.

Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning Code, no Outdoor Displays and Sales area shall be located less than 100 feet from the property line of a residentially zoned parcel without prior approval of a Minor Use Permit.

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However, a Minor Use P ermit shall not be required for the following activities when located less the 100-foot separation requirement:
a. Service windows for pedestrians or automatic teller machines for pedestrians; b. Plant nursery sales accessory to an indoor retail use, which outdo or sales area is no greater than 15 percent of the gross floor area of the retail use; and c. Display or storage of up to two on- site vehicles associated with the sale, lease, or rental of vehicles with no vehicle service, repair, cleaning, or fueling.

Developmental and Operational Standards for Outdoor Displays and Sales . The following standards shall apply as applicable to the specific type of use:

General Standards for Permanent Outdoor Displays and Sales. The following standards shall apply to all permanent Outdoor Displays and Sales activities:
a. Associated with the Primary Use. All Outdoor Displays and Sales activities shall be associated with the primary use of the parcel. Only those goods and services associated with the primary use may be stored, sold, or displayed. b. Maximum Area. Unless otherwise authorized by a Minor Modification, the area used for permanent Outdoor Displays and Sales of materials shall not exceed 10 percent of the gross floor area of the corresponding commercial structure. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other Zoning Code requirements are satisfied. c. Display Space. The aggregate display area shall not exceed 25 percent of the linear frontage of the storefront or six linear feet, whichever is greater, and items may not project more than four feet from the storefront.
d. Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees), shall not exceed a height of six feet above finished grade, unless a greater height is allowed through Minor Modification approval. e. Safety Hazards. No item shall b e displayed in a manner that causes a safety hazard; obstructs the entrance to any structure; interferes with, or impedes the flow of, pedestrian or vehicle traffic; obstructs in part or in whole an emergency vehicle/fire access lane; is unsightly or creat es any other condition that is detrimental to the appearance of the premises or any surrounding parcel; or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance. The existence of a safety hazard(s) shall be determined by the Director.

General Standards for Outdoor Vending Machines. The following standards shall apply to all outdoor vending machines:
a. Not more than two outdoor vending machines shall be allowed for a use with up to 25,000 square feet of floor area, and not more than five outdoor vending machines shall be allowed for a use with 25,000 square feet or more of floor area. b. Outdoor vending machines shall be located immediately adjacent to a structure. c. Outdoor vending machines shall be located a minimum distance of 150 feet away from any dwelling or the parcel line of any Residential or (the residential component of a) Mixed- Use Zoned Property or any school facility.
d. Vending machines shall not obstruct pedestrian or vehicular access.

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18.60.160 – Outdoor Storage
Purpose and Intent. The purpose of this Section is to regulate permanent Outdoor Storage. Temporary uses are addressed in Chapter 18.122 (Temporary Use Permits) . The intent of these regulations is to encourage Outdoor Storage that is compatible with associated and surrounding uses and that does not obstruct pedestrian or vehicular circulation or create an unsightly appearance of unrestricted clutter.

Permit Requirements. All Outdoor Storage areas that are subject to requirements of this Section shall be allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards) General Development Standards. The following developmental standards shall apply to all Outdoor Storage areas.

Location. Outdoor Storage areas shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon required setbacks, public rights -of-way, driveways, emergency vehicle/fire access lanes, landscaped planter areas, parking spaces, vehicle drive aisles, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building Code.

Hours of Operation. Except as otherwise provided, hours of operation for Outdoor Storage areas shall be consistent with those for the primary use.

Signs. No additional business identification or advertising signs for Outdoor Storage areas shall be allowed above the maximum allowable sign area for the corresponding primary use as established in Chapter 18.42 (Sign Standards).

Maintenance. Outdoor Storage areas shall be kept free of garbage and other debris.

Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning Code, no use involving any Outdoor Storage of goods or merchandise shall be located less than 100 feet from the property line of a residentially zoned parcel without prior approval of a Minor Use Permit . However, a Minor Use Permit shall not be required for the following activities when located less the 100-foot separation requirement: storage of up to two on-site vehicles associated with the sale, lease, or rental of vehicles with no vehicle service, r epair, cleaning, or fueling.

Operational Standards. The following operational standards shall apply to all permanent Outdoor Storage activities:

Location. Outdoor Storage may not be located within any required front or street side setback for the applicable zone within which the activity is located.

Screening.
a. Outdoor Storage shall be screened from public view by a solid wall or fence or by other screening as approved by the Director.
b. No Outdoor Storage shall extend above the height of any screening wall or fence, except as expressly authorized through the Minor Use Permit.
c. Screening of Outdoor Storage shall comply with Chapter 18.34 (Fences, Walls, and Hedges).

Off-Street Parking. Off-street parking associated with permanent Outdoor Storage shall comply with Chapter 18.38 (Off-Street Parking Regulations and Design Standards).

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Public Review Draft – Santa Clara Zoning Code, Title 18 June 2023 4-25

18.60.170 – Personal Services, Restricted
Purpose. The purpose of this Section is to establish site planning, development al, and/or operational standards for the following “Restricted Personal Services”: tattoo and body piercing shops, pawnshops, and check cashing establishments.

Intent. It is the City’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by requiring special siting and locational standards and imposing other special development standards.

Skid-Row Atmosphere. Restricted Personal Services have serious object ionable characteristics especially when several of them are located in close proximity to each other. The concentration tends to create a “skid-row” atmosphere and has a deleterious effect upon the adjacent area. Regulation of the locations of these uses is necessary to ensure that the adverse effects will not cause or contribute to the blight or the downgrading of neighborhoods and businesses situated in proximity to the Restricted Personal Services.

Prevent Deleterious Effects. The regulations specified in this Section are necessary and will tend to prevent the clustering of R estricted Personal Services. The specified regulations will serve to help prevent the deleterious effects of blight and the resultant downgrading of real property values. The regulations will also serve to promote the orderly planning, development and utilization of neighborhood and business premises.

Anti-Skid-Row Regulations . Excepting the provisions of Article 5 (Nonconformities) pertaining to nonconforming uses, no parcel of property in any zone or any structure thereon, or any portion thereof, within the City, shall be used for a Restricted Personal Service use at a location closer than 500 feet from another Restricted Personal Service use nor 500 feet from the below-indicated uses (whether the use is located within or outside the City):

Bingo halls, bowling alleys, electric game centers, internet cafes, ping-pong centers, pool and billiard halls, and private clubs and lodges;
Hotels and motels;
School property line (universities, community colleges, high schools, junior high schools, elementary and nursery schools);
State-licensed childcare day care centers and/or large family day care facilities; and Any parcel zoned single-family residential or mixed-use.

Any adult-oriented business use, as defined in Article 8.

Permit Requirements. Restricted Personal Services are allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

18.60.180 – Recycling Facilities
Purpose and Intent. The purpose of this Section is to establish standards and procedures for the siting and operating various types and sizes of commercial Recycling Facilities, where allowed by Article 2. (Zones, Allowable Uses, and Development Standards) . The intent of the standards is to ensure safe operations and compatibility with surrounding uses.

Permit Requirements. Recycling Facilities are allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

Reverse Vending Machines. The following standards shall apply to all reverse vending machines:

Chapter 18.32 Accessory Structures

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Reverse vending machines shall conform to the criteria in Table 4-2 (Standards for Reverse Vending Machines) as determined through the Zoning Clearance process.

Any reverse vending machine that is inoperable for a period of 30 days or more shall be removed from the parcel.

Table 4-2
Standards for Reverse Vending Machines

Type of Use
Reverse Vending Machines are accessory
uses and must comply with Section 18.60.030.

Such uses shall be established in conjunction
with a primary use that complies with the
Zoning, Building, and Fire Codes of the City.

Parking
Shall not displace parking required for the
primary use. No additional parking is required
for the Reverse Vending Machines.

Location
If located outside of a structure: Shall be
located immediately adjacent to a structure
and a minimum of 100 feet from any dwelling
or any parcel line of a Residential or (the
residential component of a Mixed- Use Zoned
Property.

If located inside of a structure: Shall be placed
within 30 feet of the entrance and shall not
obstruct pedestrian circulation.

Shall not obstruct pedestrian or vehicular
circulation and shall not be placed in landscape
areas.

Size
Shall not exceed a maximum of 50 square feet
of site area and eight feet in height, for each
machine or box.

Number Shall be limited to a total of two for each parcel.

Construction Shall be constructed of, and maintained with durable waterproof, and rustproof materials.

Acceptable Recyclables
Shall accept only CRV glass, aluminum, or
plastic containers, paper, and other recyclable
items.

Operating Hours Shall be consistent with the operating hours of the primary use.

Sign Location Shall be flat mounted to the side of the machine or box.

Sign Area per Machine or Box
Shall not exceed four square feet of sign area
but is not subject to maximum sign area
limitations.

Display Allowable Recyclable Materials
Shall clearly identify the type of materials to be
deposited and the name and phone number for
the equipment owner/operator.

Illumination Requirements
Shall be illuminated to ensure comfortable and
safe operation if operating hours are between
dusk and dawn, in compliance with Section

18.40.080 (Outdoor Lighting).

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Table 4-2
Standards for Reverse Vending Machines

Maintenance
The property owner shall ensure that the
facility shall be monitored to ensure that no
recyclable materials are located outside the
reverse vending machines and that the
surrounding area is free of litter.

Recycling Collection Facilities, Small. The following standards as specified in Table 4-3 (Standards for Small Recycling Collection Facilities), below, shall apply to all Small Recycling Collection Facilities:

Table 4-3
Standards for Small Recycling Collection Facilities

Type of Use
Small Recycling Collection Facilities are
accessory uses and must comply with Section

18.60.030. Such uses shall be established in
conjunction with a primary use which complies
with the Zoning, Building, and Fire Codes of
the City.

Location
Shall be located immediately adjacent to a
structure and a minimum of 5 0 feet from any
dwelling or any parcel line of a Residential or
the residential component of a Mixed- Use
Zoned Property.

Shall be set back at least 10 feet from any
public right-of-way.

Shall not obstruct pedestrian or vehicular
circulation and shall not be located within
landscaped areas.

Size Each unit shall not exceed a maximum of 350
square feet in bulk and eight feet in height.

Parking
Shall not displace parking required for the
fixed-base host. No additional parking is
required for the small recycling collection
facility.

Number Shall be limited to a total of two for each parcel.

Construction
Shall be constructed of, and maintained w ith,
durable waterproof and rustproof material ;
shall be covered; and shall be secured from
unauthorized entry; and shall be clearly
marked with the name and telephone number
of the facility operator.

Operating Hours Shall operate only during the hours of
operation of the primary use.

Containers and Fencing Any containers and site fencing shall be of a color and design to be compatible and
harmonious with the surrounding uses and
neighborhood.

Chapter 18.32 Accessory Structures

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Table 4-3
Standards for Small Recycling Collection Facilities

Acceptable Recyclables Shall accept only CRV glass, aluminum, or plastic containers, paper, and other recyclable
items.

Equipment Shall not use power -driven processing
equipment, except for reverse vending
machines.

Sign Location Shall be flat mounted to the side of the machine or box.

Sign Area per Facility
Shall not exceed four square feet of sign area
but is not subject to maximum sign area
limitations.

Display Allowable Recyclable Materials
Signs shall clearly identify the type of materials
to be deposited and the name and phone
number for the equipment owner/operator.

Illumination Requirements
Shall be illuminated to ensure comfortable and
safe operation if operating hours are between
dusk and dawn, in compliance with Section

18.40.080 (Outdoor Lighting).

Maintenance
The property owner shall ensure that the
facility shall be monitored to ensure that no
recyclable materials are located outside the
small recycling collection facility and that the
surrounding area is free of litter.

Recycling Collection Facilities, Processing, and Transfer Facilities. The following standards shall apply to all recycling collection, processing, and transfer facilities:

Table 4-4
Standards for Recycling Collection Facilities, Processing, and Transfer Facilities

Minor Use Permit required
Shall be considered a primary use of the
property. Where allowed by Article 2. (Zones,
Allowable Uses, and Development Standards),
the recycling collection, processing, and
transfer facilities require the approval of a
Minor Use Permit.

The permit, as conditioned, shall include
structural controls and maintenance and
operational provisions that conform to the
requirements of the National Pollutant
Discharge Elimination System Permit.

The permit, as conditioned, shall provide
facilities adequate to accommodate the type
and volume of materials proposed for transfer
or processing.

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Table 4-4
Standards for Recycling Collection Facilities, Processing, and Transfer Facilities

The permit, as conditioned, shall provide
access and on- site circula tion sufficient to
ensure that vehicle stacking does not impact
public streets.

Location
Shall not be located within 100 feet of any
dwelling or any parcel line of a Residential or
the residential component of a Mixed- Use
zoned property.

Enclosed structure required.

All processing, storage, or transfer operations
shall occur within a totally enclosed structure,
unless the permit, as conditioned, includes
adequate screening, buffering, and operational
controls to ensure that recycling activ ities do
not result in visual, noise, dust, or odor impacts
in the vicinity of the project site.

Parking
Parking shall be provided in compliance with
Chapter 18.38 (Off-Street Parking Regulations
and Design Standards).

Container Construction
Containers provided for "after hours" donation
of recyclable materials shall be constructed of,
and maintained with, durable waterproof and
rustproof material; shall be covered; and shall
be secured from unauthorized entry; and shall
be clearly marked with the name and
telephone number of the facility operator.

Containers and Fencing Any containers and site fencing shall be of a color and design to be compatible and
harmonious with the surrounding uses and
neighborhood.

Exterior storage of material shall be in sturdy
containers that are secured and maintained in
good condition. Storage, excluding truck
trailers, shall not be visible above the height of
the required screen or walls.

Signs Signs shall be in compliance with Chapter

18.42 (Sign Standards).

Maintenance
The site shall be maintained clean, sanitary,
and free of litter and any other undesirable
materials, and shall be cleaned of loose debris
on a daily basis.

Dust, fumes, odor, smoke, or vibration above
ambient levels shall not be detectable on
adjoining parcels.

Chapter 18.32 Accessory Structures

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18.60.190 – Temporary Uses

18.60.200 – Vehicle Repair and Maintenance Facilities
Purpose and Intent. The purpose of this Section is to establish standards for the development and operation of Vehicle Repair and Maintenance Facilities (both Major Motor Vehicle Repair and Minor Motor Vehicle Repair ). The intent of the standards is to regulate these uses for compatibility with surrounding existing uses.

Permit Requirements. Vehicle Repair and Maintenance Facilities are allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

Development Standards. In zones where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards), all Vehicle Repair and Maintenance Facilities shall be developed and operated in compliance with all of the following standards:

All Repairs and Storage Conducted Within a Structure. All vehicle repairs and storage of parts, accessories, etc., shall be conducted within a fully enclosed structure.

Landscaping Standards. All landscaping shall be installed and permanently maintained in compliance with the provisions of Chapter 18.36 (Landscaping Standards).

Openings of Service Bays. Openings of service bays for new repair facilities shall not face public rights -of-way and shall be designed to minimize the visual intrusion onto adjoining properties.

Outdoor Lighting. All on-site outdoor lighting shall be stationary and directed downward and away from adjoining properties and public rights-of-way in compliance with Section 18.40.080 (Outdoor Lighting).

Outside Storage.
a. Outside storage of vehicles being repaired shall be allowed for a maximum of 30 days for each vehicle, within a 90 -day period. Areas used for storage of vehicles awaiting repair shall be completely screened from public view in compliance with Chapter 18.34 (Fences, Walls, Hedges, and Screens).
b. Outside storage of junked or wrecked vehicles is prohibited.

Signs. All on-site signs shall comply with provisions of Chapter 18.42 (Sign Standards).

18.60.210 – Vehicle Sales Facilities
Purpose and Intent. The purpose of this Section is to establish standards for the development and operation of Vehicle Sales Facilities . The intent of the standards is to regulate these uses for compatibility with surrounding existing uses.

Permit Requirements. Vehicle Sales Facilities are allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

Circulation Plan. A Circulation Plan is required showing the ingress and egress on the site, vehicle off/on loading, and the circulation proposed for the test driving of vehicles, both to and from the site.

The plan shall be submitted for review and action by the Director.

Development Standards. In zones where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards), all new and/or used vehicle sales dealerships shall be developed and operated in compliance with all the following standards:

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All Parts Storage Conducted Within a Structure. All parts, accessories, etc., shall be stored within a fully enclosed structure.

All Repairs and Service Conducted Within a Structure. All vehicle repair and service work shall only occur on-site within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way.

Hours of Operation. The Director may limit the hours of operation if the proposed use is adjacent to a sensitive land use (e.g., residential, schools).

Landscaping Standards. All landscaping shall be installed and permanently maintained in compliance with the provisions of Chapter 18.36 (Landscape Standards).

Loading and Unloading of Vehicles. All loading and unloading of vehicles shall occur on- site and not in adjoining streets or alleys.

No Parking in Public Right-of-Way. Vehicles in inventory or awaiting repair/service shall not be parked on public streets or within the public right-of-way.

On-Site Parking. All on-site parking shall comply with the provisions of Chapter 18.38 (Off - Street Parking Regulations and Design Standards). A parking plan shall be developed as part of the required permit review process.

Outdoor Lighting. All on -site outdoor lighting shall be stationary , shielded, and directed downward and away from adjoining properti es and public rights -of-way in compliance with Section 18.40.080 (Outdoor Lighting).

Outside Storage of Vehicles to Be Repaired. Outside storage of vehicles to be repaired or that were recently repaired shall be completely screened from public view in compliance with Chapter 18.34 (Fences, Walls, Hedges, and Screens).

Parking and Storage of Business Vehicles. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets or within the public right-of-way.

Signs. All on-site signs shall comply with the provisions of Chapter 18.42 (Sign Standards).

Vehicle Waiting Areas. New vehicle dealerships shall provide adequate, on-site vehicle waiting areas for service customers, as determined by the Director. Required parking spaces may not be counted as vehicle waiting areas.

Joint and Several Liability. Both the operator of a Vehicle Sales Facility and the owner of the property where a Vehicle Sales Facility is located shall be jointly and severally liable for violations of this Section.

18.60.220 – Vehicle Service Stations
Purpose and Intent. The purpose of this Section is to establish standards for the development and operation of Veh icle Service Stations. The intent of the standards is to regulate these uses for compatibility with surrounding existing uses.

Permit Requirements. Vehicle Service Stations are allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

Development Standards. In zones where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards), all Vehicle Service Stations shall be developed and operated in compliance with all of the following standards:

All Repairs and Storage Conducted Within a Structure. All service and repair work shall be conducted entirely within an enclosed structure, except for dispensing of petroleum products, water, vacuums, and air from pump islands.

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Level of Street Requi red. New Vehicle Service Stations shall be located only along designated arterials or collector streets.

Placement of Service Station Pumps.
a. Pump islands shall be set back a minimum of 20 feet from a street property line, however, a canopy or roof structure over a pump island may encroach up to 10 feet within this distance.
b. The cashier location shall provide direct visual access to the pump is lands and all of the vehicles parked adjacent to the islands.

Parcel Ingress and Egress. The maximum number of points of vehicle ingress/egress shall be determined by the Director of Public Works.

Prohibited Vehicle Sales. No vehicle may be parked on the premises for the purpose of offering same for sale.

Openings of Service Bays. Openings of service bays for new Vehicle Service Stations shall not face public rights -of-way and shall be designed to minimize the visual intrusion onto adjoining properties.

Outdoor Storage Prohibited. No used or discarded vehicle parts or equipment, or disabled, junked, or wrecked vehicles may be in any open area outside of the primary structure.

Solid Waste Enclosures. Every Vehicle Service Station shall have a solid waste and recycling enclosure and oil collection tanks on the premises. The enclosure shall be provided in compliance with Section 18.30.060 (Solid Waste Enclosures).

Minor Motor Vehicle Repair. Vehicle repair in conjunction with a Vehicle Service Station shall be limited to incidental minor motor vehicle repair, including air conditioning service; carburetor and fuel injection service; electrical service; radiator service; tune-up, lube, and oil change; smog check; and tire, battery, and accessory installation. Vehicle body repair or painting, steam cleaning, and engine overhaul are prohibited.

All Repairs sand Service Co nducted Within a Structure. All vehicle repair and vehicle hoists or pits shall be entirely enclosed within a structure.

No Vehicle Sales, Leasing, or Storage. No vehicle sales, rental, leasing, or storage shall be allowed in conjunction with a Vehicle Service Station.

El Camino Real Limitation. A Conditional Use/Minor Use Permit may be approved for a Vehicle Service Station on El Camino Real, only if the applicable Review Authority finds that the total number of Vehicle Service Stations along the corridor, inclusive of that Vehicle Service Station authorized by the permit, does not exceed six.

Vehicle Service Station Conversion. At a minimum, the conversion of a former Vehicle Service Station to another allowed use shall require a Zoning Clearance to ensure compliance with all of the following:

Fuel pumps and tanks have been removed in compliance with all applicable requirements.

Landscaping complies with the requirements of Chapter 18.36 (Landscaping Standards).

18.60.230 – Massage Establishments
Definitions.
“Massage establishment” shall have the same definition set forth in SCCC 5.40.020. The exemptions under SCCC 5.40.060 apply to this chapter.

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“Massage establishment zoning verification” shall mean a written form completed by the Planning Division of the Department of Community Development verifying that the proposed massage establishment complies with SCCC 18.104.020. (Ord. 2006 § 8, 10- 8-19).

Location restrictions on massage establishments . No lot or parcel of property or any building or structure thereon, or any portion thereof, within the city, shall be used to operate as a massage establishment unless said lot, parcel, building or structure is located in one of the following:

In a hotel with at least one hundred (100) guest rooms.

In a commercial zoning district or planned development (PD) zoning district that allows for commercial use, and the location must also meet one of the following criteria, which must be confirmed by obtaining a massage establishment zoning verification from the Planning Division of the Department of Community Development:
a. The massage establishment is located in a minimum ten acres size contiguously functioning mixed use or commercial site with shared parking and circulation and a minimum of twenty thousand (20,000) square feet of retail space; or b. The massage establishment is located in a wellness center of an employment center with five hundred (500) employees or more. (Ord. 2006 § 8, 10-8-19).

Violations.

Any person operating or causing the operation of a massage establishment on any parcel in which no application for a massage establishment permit under Chapter 5.40 SCCC has been granted, or any person violating or causing the violation of any of the terms and conditions of the existing use permit (if applicable) , shall be subject to the revocation/suspension of the massage establishment permit issued pursuant to Chapter 5.40 SCCC and may be subject to penalties pursuant to SCCC 1.05.070. All remedies provided herein shall be cumulative and not exclusive. Any viol ation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

In addition to the remedies set forth in subsection (a) of this section, any violation of this chapter is hereby d eclared to constitute a public nuisance and may be abated or enjoined pursuant to Chapter 18.114 SCCC and any other applicable State or local laws relating to nuisance abatement.

If a massage establishment permit is revoked, or not renewed as a result of v iolations of Chapter 5.40 SCCC or of this chapter, no massage establishment shall operate at that location for a period of five years from the date of revocation or nonrenewal. (Ord. 2006 § 8, 10-8-19).

Regulations. The provisions of this chapter regulating massage establishments are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other provisions of the City Code and/or any other applicable regulations. (Ord. 2006 § 8, 10-8-19).

Application to existing businesses. Any massage establishment in possession of a valid massage establishment permit issued by the Santa Clara Police Department on the effective date of this chapter, which becomes a nonconforming use by reason of the adoption of this chapter, shall be considered as a legal nonconforming use pursuant to Chapter 18.94 SCCC at its existing location as long as the massage establishment complies with all of the following:

Meeting all requirements of Chapter 5.40 SCCC, and in possession of a current massage establishment permit issued by the Chief of Police;
Compliance with all applicable building code regulations; and Chapter 18.32 Accessory Structures

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Free of repeated violations and/or criminal citations, as confirmed by the Santa Clara Police Department. (Ord. 2006 § 8, 10-8-19).

18.60.240 – Certified Farmers’ Markets
A. Purpose and Intent. The purpose of this Section is to regulate permanent Certified Farmers’ Markets.

The intent of these regulations is to encourage Certified Farmers’ Markets that are compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance.

Terms. Terms that are defined or described by the provisions of Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code, and related regulations, as the same may be amended from time to time, are intended to have their same meaning under the provisions of this Section, unless a different meaning is expressly specified for that term in this Zoning Code.

Small Certified Farmers' Markets - Development or Event Permit Exemption. Notwithstanding the provisions of Section 18.60.190 (Temporary Uses), no Development or Event Permit shall be required for a certified farmers' market that meets all of the following criteria:

The certified farmers' market comprises 25 or fewer certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market in compliance with S tate and loc al laws and regulations, as the same may be amended from time to time; and
The certified farmers' market does not occupy an area greater than 24,000 square feet.

In addition to the maximum of 25 certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market as specified above, a small certified farmers' market may also include up to one vendor of nonagricultural products located near a small certified farmers' market, in the manner allowed by laws and regulations of the State and County as the same may be amended from time to time, for every five certified producers or producers of agricultural products at the small certified farmers' market.

General Certified Farmers' Markets - Permit Required. Notwithstanding the provisions of Section

18.60.190 (Temporary Uses), any certified farmers' market comprising 26 or more certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market, or a certified farmers' market that does not meet the requirements described in Subsection C., above, shall first obtain a Minor Use Permit in compliance with Chapter 18.114 (Conditional and Minor Use Permits) before the commencement of any operation of the certified farmers' market.

Residential Zoning Districts - Locational Limitations. Certified farmers' markets, including small certified farmers' markets, located in residential zones are allowed to operate only at school sites, library sites, community center sites, or church/religious assembly sites.

Operational Requirements - General.

It shall be unlawful for any person or any certified farmers' market, including small certified farmers' markets, to operate in a manner that does not fully comply with the provisions of this Zoning Code, including without limitation the operational requir ements s pecified in this Section.

Each and every certified farmers' market, including small certified farmers' markets, and each and every certified producer, producer or other vendor at a certified farmers' market or small certified farmers' market shall fully and timely comply with all of the following operational requirements:

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c. All operations shall fully comply with all Federal, State and local laws, regulations , and guidelines including without limitation those applicable to the certified farmers' market operations, including without limitation the California Health and Safety Code, the California Food and Agricultural Code, and all regulations and guidelines promulgated by the State and the County thereunder, as the same may be amended from time to time; d. All activities, and the duration of those activities, shall first have been approved and authorized by the owner of the real property on which those activities are planned to occur; e. Any and all permits or approvals from the Building Division or Fire Department for any tents or other temporary structures shall have first been obtained before the commencement of use of the tents or temporary structures; and f. All certified farmers' markets, including small certified farmers' markets, and each certified producer, producer and/or other vendor shall completely remove all equipment, merchandise, and other materials, including without limitation waste materials, from the site upon of the conclusion of their respective activities, excepting interior storage of equipment, merchandise, or materials as may be allowed on the site with the permission of the owner or operator of the site.

Small Certified Farmers' Markets - Operational Requirements. In addition to the operational requirements specified in Subsection F, above, a small certified farmers' market, and each certified producer, producer of agricultural products, or other vendor at a small certified farmers' market, shall at all times conform to and comply with the following additional operational requirement s and shall so conform and comply in order to qualify as a small certified farmers' market:

Shall not operate more than two days per calendar week at the same location; Shall neither operate, including any setup or breakdown activities, more than six hours per day nor between the hours of 9:00 p.m. and 7:00 a.m.;
Shall operate only on paved surfaces and not on landscaped areas nor adversely impact any landscaping or landscaped areas;
Shall not offer for sale or otherwise distribute any alcoholic beverage; Shall not use amplified sound for any purpose;
Shall operate as a physically cohesive collection of vendors on a site, excepting only those limited physical separations as may be required by State or local law for vendors of non- agricultural products located near a certified farmers' market; Shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the site; and Shall have secured with the property owner of the site on which the certified farmers' market plans to operate, and before the commencement of any operation of the certified farmers' market, provision for all of the following services in a manner that comports with State and local laws and regulations, as the same may be amended from time to time:
a. Refuse disposal and sufficient trash and recycling receptacles within the area of the certified farmers' market;
b. Litter removal within and within 300 feet of the boundaries of the certified farmers' market; and
c. Access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets.

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Locational Limitations.

It shall be unlawful for any person to allow, in a direct, indirect , or passive manner, a small certified farmers' market to operate at a particular site for more than two days per calendar week.

It shall be unlawful for any person to operate, or to allow in a direct, indirect, or passive manner the operation of, a small certified farmers' market on a vacant parcel. Every small certified farmers' market shall operate only on a site with an existing fixed- base host in operation on the site.

18.60.250 – Short-Term Rentals of Residential Property
Purpose. The purpose of this Section is to allow limited short-term rental of residential property, while preserving housing stock and the residential character of neighborhoods, through the use of registration, regulations, and standards, in order to reduce potential impacts on adjacent properties and to ensure the collection of Transient Occupancy Taxes under SCCC Chapter 3.25.

Violation of Section. No person shall host or rent any residence in violation of the provisions of this Section.

Operating Standards for Short-Term Rentals. The following operating standards shall apply to all short-term rentals:

Legal Dwelling. Short-term rentals are allowed only within legal conforming and legal nonconforming residential dwelling units.

Annual Limit.
a. Where the host is present within the unit, the dwelling unit may be occupied as a short - term rental for an unlimited number of days per calendar year. b. Where a host is not present (unhosted), the dwelling unit may be occupied as a short - term rental no more than 90 days per calendar year in the aggregate. c. For purposes of this section, Accessory Dwelling Units are considered hosted if the primary unit is owner-occupied.

Local Contact Person . For short -term rentals, hosts shall provide the City, all short -term renters and all occupants of adjacent properties, the name and contact information of a local individual who shall be available 24 hours per day, seven days per week, during the term of the stay. The host or designated local contact person shall:
a. Respond on-site within 60 minutes to complaints regarding a condition or operation of the short-term rental or the conduct of the short-term renters; and b. Take remedial action to resolve any and all complaints.

Parking. Parking shall comply with residential parking standards specified in Chapter 18.38 (Off-Street Parking Regulations and Design Standards), but no designated parking is required beyond other City Code requirements.

Trash and Recycling. The appropriate level of trash and recycling services shall be maintained so there is no overflow of trash and recycling on the property.

Special Events. Weddings, corporate events, commercial functions, large parties , and other similar events which have the potential to cause traffic, parking, noise, or other impacts to the neighborhood are prohibited on the property during short-term rentals.

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Occupancy Limits for Short-Term Rentals.

Individual Rooms or Studio Units: Two people
One-bedroom Units: Three people
All Other Dwelling Units : Two people per bedroom for each bedroom in excess of one bedroom, but not to exceed eight short-term rental occupants, total.

Registration Application Requirements. Notwithstanding SCCC Section 3.25.080, the following registration requirements shall apply for short-term rentals:

Initial Application. Before advertising or use of a short -term rental, the host shall obtain an Administrative Permit for Short -term Rentals from the City and obtain a valid City Business License.

Requirements for Application. The registration shall be submitted on a City-approved form.

The applicant shall provide the property owner’s signature for the unit to be rented; the name and contact information of the host; the address of the dwelling unit to be used as a short - term rental; a valid City Business License; the anticipated frequency of the short -term rental; contact information for the local contact person; an acknowledgement of compliance with the requirements of the City Code; and other information as requested. Failure to submit all information required on the application will result in denial of the registration.

Fee. The host shall pay a registration fee in an amount established by resolution of the Council, and as updated from time to time. Failure to submit the full amount of the required fee will result in the application not being processed.

Citation, Compliance Order, Denial, Revocation. For a property that is the subject of an active compliance order or civil, criminal, or administrative citation from the City, or denial or revocation of a short-term rental application in the preceding 12 months, registration of the short -term rental on the property will be denied.

Term of Registration. Registration of a short -term rental shall be on a calendar -year basis. Fees shall be prorated for any approved registration on a quarterly basis. Approved registrations shall be personal to the host, are not assignable or transferable, and shall automatically expire upon sale or transfer of the property on which the short-term rental is located.

Annual Renewal.

A short -term rental registration shall be renewed annually upon payment of registration renewal fees, remittance of all required Transient Occupancy Tax associated with the short - term rental, proof of a current City Business License, and all registration application requirements specified above.

The host shall also submit such information as may be required to enable the Tax Collector to verify the amount of tax paid.

Failure to submit for renewal before December 15 of each calendar year will result in expiration of the registration.

Requirements Not Exclusive. The approval of a short -term rental registration shall not relieve any host of the obligation to comply with all other provisions of the City Code applicable to the use and occupancy of the property.

Administrative Regulations and Standards. The City Manager or designee is hereby authorized to promulgate administrative rules, regulations , and interpretations to implement this Section. The rules Chapter 18.32 Accessory Structures

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and regulations may include, but are not limited to, re visions to the application process, requirements of operations, etc.

Transient Occupancy Tax (TOT).

Except as otherwise provided in this Subsection, Transient Occupancy Taxes shall be collected for short -term rentals and paid to the City in compliance with SCCC Section

3.25.090.

Collection is the responsibility of the host.

Notwithstanding SCCC Section 3.25.090, if a hosting platform is used, and the City has a voluntary coll ection agreement, or equivalent, with that hosting platform, TOT may be collected and remitted directly to the City by the hosting platform.

Enforcement.

Revocation of Registration. A short-term rental registration approved in compliance with this Section may be revoked for any of the following reasons: fraud, misrepresentation, or false statement contained in the application for, or in the operation of, the short-term rental.

Other Remedies. In addition to remedies provided in the City Code, a short -term rental registration may be revoked for any violation of any provision of this Section, the City Code or any State or Federal law.

Applicability to Existing Short-term Rentals.

Short-term rentals already operating prior to the effective date of this Section shall fully comply with this Section, including the registration requirements, no later than six months following the effective date of this ordinance.

Short-term Rentals (Lease-up) of Units in Newly Constructed Multi-family buildings.

Notwithstanding Section 18.60.250.C.2.b, Short-term rentals are permitted in up to thirty-five percent (35%) of the units within a multi -family building for up to two years from the issuance of the first Temporary Certificate of Occupancy, subject to a Minor Use Permit. Short-term rentals permitted under this sub-section are considered hosted units, if a property manager is available within the multi-family building.

Short-term Rentals not Meeting the Requirements of this Section.

Short-term rentals not mee ting the requirements of this section may be permitted through a Minor Use Permit, approved by the Director.

18.60.260 – Electric Power Plants
California Emissions Requirements.

All power plants, except fuel cells, but including diesel back -up generators shall not exceed state of California emissions requirements. Emissions requirements can be met in whole or in part by purchasing renewable energy credits, or offsets that meet CARB requirements.

For purposes of this section, “fuel cells” means all equipment, fixtures, and personal property operated or maintained in connection with a direct energy conversion device that converts chemical energy into electrical energy, or vice versa, using an electrochemical reaction.

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For purposes of this section, “state of California em issions requirements” shall mean the requirements applicable to retail sales of electricity to California end- use customers under Public Utilities Code Section 454.53, subdivision (a), and the interim targets established by the California Energy Commission (CEC) under Public Utilities Code Section 399.15, subdivision (b), pursuant to the Renewable Portfolios Standard (RPS) Program, as set forth below. Should these targets be amended by legislation or regulatory changes to be more stringent, the more stringent requirements shall be applicable under this section. a. 44 percent by December 31, 2024
b. 52 percent by December 31, 2027
c. 60 percent by December 31, 2030
d. 90 percent by December 31, 2035
e. 95 percent by December 31, 2040
f. 100 percent by December 31, 2045

18.60.270 – Developments Located Within the Airport Influence Area A. All projects located within the Airport Influence Area shall be subject to the following requirements:

1. When measuring development height for consistency with the San Jose International Airport (SJC) Comprehensive Land Use Plan (CLUP) Part 77 Surfaces, height is to be measured from mean sea level (MSL) to the top of the highest point of any proposed structure. The height of any proposed structure is subject to height polici es outlined in Sections 4.3.3.1 and

4.3.4.1 of the SJC CLUP and may not exceed the Part 77 Surface immediately above that proposed structure. In the case of structures or objects within the SJC AIA, if that structure or object penetrates the FAR Part 77 surface, the proponent may submit the project data to the FAA for evaluation and air navigation hazard determination, in which case the FAA's determination shall prevail.

2. To ensure compliance with safety zone policies in the SJC Comprehensive Land Use Plan (CLUP), all proposed housing development within the various safety zones must conform to the applicable density allowances and open space/open area requirements as outlined in in Section 4.3.5.1 and Table 4-2 of the SJC CLUP.

3. To ensure compliance with noise related policies and guidelines, all proposed housing development / new housing accommodations must conform to the CNEL Noise Compatibility Guidelines and Section 4.3.2.1 and Table 4-1 of the SJC CLUP.

4. Where legally allowed, dedication of an avigation easement to the City of San Jose shall be required to be offered as a condition of approval on all projects located within an Airport Influence Area, other than reconstruction projects as defined in paragraph 4.3.7 of the SJC CLUP. All such easements shall be similar to that sho wn as Exhibit 1 in Appendix A of SJC CLUP.

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Chapter 18.62 - Adult Business Uses
Sections:

18.62.010 – Purpose and Applicability

18.62.020 – Location of Adult-Oriented Business Uses

18.62.010 – Purpose and Applicability
It is the purpose of this Chapter to regulate the location, development, and operation of adult -oriented business uses, which tend to have judicially recognized adverse secondary effects on the community, including but not limited to increases in crime in the vicini ty of adult businesses; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners’ enjoyment of their properties when the properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate, or patronize adult businesses.

This Chapter establishes reasonable and uniform location criteria for adult-oriented business uses.

18.62.020 – Location of Adult-Oriented Business Uses
C-R Zone. Adult-oriented business uses are only allowed with the approval of a Conditional Use Permit in the C-R zone as shown in Table 2-4 (Commercial Zones Allowed Uses and Permit Requirements).

Distances. Notwithstanding the above, no adult bookstore, adult motion picture theater, adult cabaret, adult hotel/motel, or any other adult entertainment establishment or adult -oriented business use shall be established within certain specified distances of certain land uses or zones as specified below. No adult-oriented business uses shall be established or located within:
500 feet from a parcel, located within or outside the City limits, situated in a Residential or a Mixed-Use zone.
500 feet from another parcel, located within or outside the City limits, used for any adult - oriented business use.
500 feet from another parcel, located within or outside the City limits, used for any restricted personal services use.
500 feet from any other parcel, located within or outside the City limits, used for a public or private State-licensed child day care center and/or large family day care facility, nursery school, elementary school, secondary school , junior high school, high school, c ommunity college, or university).

Measurement of Distance s. The distance between two adult -oriented business uses or any of the other zones or land uses identified in Subsection B. (Distances), above, shall be measured in compliance with Section 18.04.050 (Measurement of Separation Requirements).

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Chapter 18.64 - Density Bonus and Affordable Housing
Sections

18.64.010 – Purpose and Applicability

18.64.020 – Eligibility for Bonus, Incentives, or Concessions

18.64.030 – Allowed Density Bonuses

18.64.040 – Allowed Incentives or Concessions

18.64.050 – Parking Requirements in Density Bonus Projects

18.64.060 – Bonus and Incentives for Development with Childcare Facilities

18.64.070 – Continued Availability

18.64.080 – Location and Type of Affordable Dwelling Units

18.64.090 – Processing of Bonus Requests

18.64.100 – Density Bonus Agreements

18.64.110 – Controls of Resale

18.64.120 – Judicial Relief, Waiver or Standards

18.64.010 – Purpose and Applicability
As required by Government Code Section 65915 , this Chapter offers density bonuses, and incentives or concessions for the development of housing that is affordab le to the types of households and qualifying residents identified in Section 18.64.020 (Eligibility for Bonus, Incentives, or Concessions), below. This Chapter is intended to implement the requirements of Government Code Section 65915 et seq. and the Housing Element of the General Plan.

18.64.020 – Eligibility for Bonus, Incentives, or Concessions To be eligible for a density bonus, reduced parking ratios, and other incentives or concessions as provided by this Chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this Zoning Code.

Resident Requirements. Excluding any units allowed by the density bonus, the proposed housing development’s dwelling units, as defined in Health and Safety Code Section 50079.5, shall be one of the following types;
Lower Income Households. Ten percent of the dwelling units are for lower income households, as defined in Health and Safety Code Section 50079.5; Very Low-Income Households. Five percent of the dwelling units are for very low -income households, as defined in Health and Safety Code Section 50105; Senior Citizen Housing Developments. The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 or 799.5;
Moderate Income Households in a Common Interest Development. Ten percent of the dwelling units in a common interest development as defined in Civil Code Section 4100 are Article 4 – Standards for Specific Land Uses Chapter 18.66

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for persons and families of moderate income, as defined in Health and Safety Code Section 50093, provided that all units in the development are offered to the public for purchase; Other Identifiable Groups. Ten percent of the dwelling units in a housing development for transitional foster youth, as defined in Education Code Section 66025.9; disabled veterans, as defined in Government Code Section 18541; or, homeless persons, as defined in the Federal McKinney -Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The dwelling units described in this P aragraph shall be provided to very low -income households, as defined in Health and Safety Code Section 50105;
Student Housing. Twenty percent of the dwelling units are for lower income students in a student housing development, subject to the provisions specified in Subsection 18.64.030 A.5. (Bonus for Student Housing Development), below;
100 Percent Affordable Developments. One hundred percent of the total units, exclusive of a manager’s unit or units, are for low er-income households, as defined by Health and Safety Code Section 50079.5, except that up to 20 percent of the total units in the development may be for moderate- income households, as defined in Health and Safety Code Section 50053. For purposes of this subparagraph, “development” includes a shared housing building development;
Condominium Conversions. A conversion of apartments to condominiums, where at least 33 percent of the proposed condominiums will be affordable to persons and families of low or moderate income, or 15 percent of the proposed condominiums will be affordable to lower - income households;
Housing with Childcare Facilities. A housing development that includes a childcare facility that meets the requirements set forth in section 18.64.060; or Land Donations. A housing development that will include a land donation to the City meeting the requirements specified in paragraph 10 of subsection A of section 18.64.030.

Applicant Selection of Basis for Bonus. For purposes of calculating the amount of the density bonus in compliance with Section 18.64.030 (Allowed Density Bonuses), below, the applicant who requests a density bonus shall elect whether the bonus shall be awarded based on paragraphs 1 through 10 of Subsection A., above.

Bonus Units Shall Not Qualify A Project. A density bonus granted in compliance with Section

18.60.030 (Allowed Density Bonuses), below, shall not be incl uded when determining the number of dwelling units that are required by Subsection A., above.

Minimum Project Size to Qualify for Density Bonus . The density bonus provided by this Chapter shall be available only to a housing development of five or more dwe lling units, including mixed -use developments.

Commercial Development. When an applicant for approval of a commercial development has entered into an agreement for partnered housing meeting the requirements of this Subsection E . to contribute affordable housing through a joint project or two separate projects encompassing af fordable housing, the Director shall review and approve to the commercial developer a development bonus.

Agreement for Partnered Housing. The agreement for partnered housing shall be between the commercial developer and a housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be reviewed and approved by the City.

Method of Contributing Housing. Affordable housing may be contributed by the commercial developer in one of the following manners:
a. The commercial developer may directly build the dwelling units.

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b. The commercial developer may donate a portion of the commercial development site or property elsewhere within the City limits, to the affordable housing developer for use as a site for affordable housing.
c. The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructi ng the affordable housing project.

Affordability Requirements. To qualify for a development bonus under this Section, the commercial developer shall partner with a housing developer that provides at least 30 percent of the dwelling units for low-income households or at least 15 percent of the dwelling units for very low-income households.

Location of Affordable Housing . The housing shall be constructed on the site of the commercial development or on a site that is all the following:
a. Within the City limits;
b. Close to public facilities and services, including schools and employment centers; and
d. Within one-half mile of a major transit stop.

Type of Development Bonus. The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the City, that may include, but are not limited to, any of the following:
a. Up to a 20 percent increase in maximum allowable intensity as specified in the General Plan.
b. Up to a 20 percent increase in maximum allowable floor area ratio. c. Up to a 20 percent increase in maximum allowable height requirements. d. Up to a 20 percent reduction in minimum parking requirements. e. Use of a limited-use/limited-application elevator for upper floor accessibility. f. An exception to this Zoning Code or other land use regulation.

No Waiver or Reduction of Affordable Housing Fee. A development bonus in compliance with this Section shall not include a reduction or waiver of the requirements specified in Chapter 17.40.

Timing of Construction. If the developer of the affordable dwelling units does not commence with construction of those units in compliance with timelines ascribed by the agreement described in Paragraph 1. , above, the City may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.

Annual Report to The State. The City shall submit to the Department of Housing and Community Development, as part of the annual report required by Government Code Section 65400, information describing an approved commercial development bonus, including the terms of the agreements between the commercial developer and the affordable housing developer, and the developers and the City , and the number of affordable dwelling units constructed as part of the agreement(s).

Shared Housing. A shared housing building, as defined in Government Code Section 65915, which meets the residency requirements of subsection A and the eligibility requirements of Section 18.64.030, qualifies as a housing development subject to this Chapter.

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18.64.030 – Allowed Density Bonuses
The Council shall determine the amount of a density bonus allowed in a housing development in compliance with this Section. For the purposes of this Chapter, "density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable General Plan Land Use designation and zone as of the date of application to the City.

Density Bonus. A housing development that comp lies with the eligibility requirements specified in Subsection 18.64.020 A., above, shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant.

Bonus for Lower Income Household Units . A housing development that is eligible for a bonus in compliance with the criteria specified in Subparagraph 18.64.020 A.1. (Lower Income Households), including a shared housing building development, shall be entitled to a density bonus calculated in compliance with Table 4-6 (Bonus for Lower Income Households):

Table 4-6
Bonus for Lower Income Households
Percentage of Low-Income
Units Proposed
Percentage of Density
Bonus

10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35

Bonus for Very Low-Income Household Units. A housing development that is eligible for a bonus in compliance with the criteria specified in Subparagraph 18.64.020 A.2. (Very Low- Income Households), including a shared housing building development, shall be entitled to a density bonus calculated in compliance with Table 4- 7 (Bonus for Very Low -Income Households):

Table 4-7
Bonus for Very Low-Income Households
Percentage of Very Low-
Income Units Proposed
Percentage of Density
Bonus

5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35

Bonus for Senior Citizen Development.
a. A housing development that is eligible for a bonus in compliance with the criteria in Subparagraph 18.64.020 A.3. (senior citizen development or mobile home park) shall be Chapter 18.66 Wireless Telecommunication Facilities

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entitled to a density bonus of 20 percent of the number of senior housing units. Fo r purposes of this subparagraph, “development” includes a shared housing building development.
b. For development restricting 100 percent of the residential units for senior housing, allow development at any residential density, provided that any increased density is compatible with planned uses on neighboring properties and consistent with other appl icable General Plan policies, and provided that the property is located near neighborhood retail, health and community facilities, and transit. For purposes of this subparagraph, “development” includes a shared housing building development. [City: this is General Plan Policy 5.5.1- P2]
Bonus for Moderate Income Units in Common Interest Development. A housing development that is eligible for a bonus in compliance with the criteria specified in Subparagraph 18.64.020 A.4. (Moderate Income Households in a Comm on Interest Development)) shall be entitled to a density bonus calculated in compliance with Table 4- 8 (Bonus for Moderate-Income Households):

Table 4-8
Bonus for Moderate-Income Households
Percentage of Moderate-
Income Units Proposed
Percentage of Density
Bonus

10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35

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5. Bonus for Other Identifiable Groups. A housing development that is eligible for a bonus in compliance with the criteria in Subparagraph 18.64.020 A.5. (Other Identifiable Groups) shall be entitled to a density bonus of 10 percent of the number of housing units giving rise to a density bonus under that Paragraph.

Bonus for Student Housing Development with Low-Income Units. a. A housing development that is eligible for a bonus in compliance with the criteria specified in Subparagraph 18.64.020 A. 6. ( Student Housing) located in a student housing development, that meets all of the following requirements:
(1) All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this Sub paragraph, the developer shall, as a condition of receiving a C ertificate of O ccupancy, provide evidence to the City that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution(s) to occupy all units of the student housing development with students from that institution(s). An operating agreement or master lease entered into in compliance with this Subparagraph is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.
(2) The applicable 20- percent units will be used for lower income students.

For purposes of this clause, “lower income students” means students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as specified in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student under this clause shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education that the student is enrolled in, as described in subparagraph (I), or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver, from the college or university, the California Student Aid Commission, or the federal government shall be sufficient to satisfy this Subsection. (3) The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
(4) The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this Subparagraph.
b. Amount of bonus available. The density bonus shall be 35 percent of the student housing units.
100 Percent Affordable Developments.

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a. A housing development that is eligible for a bonus in compliance with the criteria in paragraph 18.64.020.A.7 (100 Percent Affordable Developments), that meets all of the following requirements:
(1) The rent for at least 20 percent of the total units in the development (excluding a manager’s unit or units) shall meet the requirements for “affordable rent” specified in Health and Safety Code Section 50053. (2) The rent for all other units in the development (excluding a manager’s unit or units) shall meet the requirements for developments that receive a n allocation of S tate or F ederal low -income housing tax credits from the California Tax Credit Allocation Committee.
b. Amount of bonus available.
(1) Except as otherwise provided in subparagraph (2), the density bonus shall be 80 percent of the number of units for lower-income households. (2) If the housing development is located within one-half mile of a major transit stop, the City shall not impose any maximum controls on density. (3) If the housing development is located in a very low vehicle travel area within a des ignated county, the city, county, or city and county shall not impose any maximum controls on density.

Condominium Conversions . A housing development that is eligible for a bonus in compliance with the criteria specified in paragraph 18.64.020.A.8 (Condominium Conversions) shall be entitled to a 25 percent density bonus.

Properties within One -Quarter Mile of A Multimodal Transit Stop. For properties within one-quarter mile of a multimodal transit stop, allow a 10 percent increase in residential density and/or a 10 percent increase in the maximum allowed nonresidential square footage, provided that the increased density and/or intensity is compatible with planned uses on neighboring properties and consistent with other applicable Gener al Plan policies. [City: this is General Plan Policy 5.5.1-P5]
Development Proposing A Minimum LEED Gold or Greater Equivalent. For development proposing a minimum LEED Gold or greater equivalent, allow a 10 percent increase in residential density and/or a 10 percent increase in the maximum allowed nonresidential square footage, provided that the increased density and/or intensity is compatible with planned uses on neighboring properties and consistent with other applicable General Plan policies. [City: this is General Plan Policy 5.5.1-P6]
Childcare Facilities. A housing development that is eligible for a bonus in compliance with the criteria specified in paragraph 18.64.020.A.9 (Childc are Facilities) shall be entitled to a density bonus in compliance with Section 18.64.060.

Density Bonus for Land Donation . When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with this Paragraph, the applicant shall be entitled to a density bonus for the entire development, as follows; provided, that nothing in this Paragraph shall be construed to affect the authority of the City to require a developer to donate land as a condition of development approval. a. Basic Bonus. The applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable General Plan Land Use Plan designation and zone for the entire development, in compliance with Table 4-9 (Basic Bonus):

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Table 4-9
Basic Bonus
Percentage of Very Low-
Income Units Proposed
Percentage of Density
Bonus

10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35

b. Increased Bonus. The increase identified in Table 4-8 (Basic Bonus) above shall be in addition to any increase in density allowed by Paragraphs A.1. through A .9., up to a maximum combined density increase of 35 percent if an applicant seeks both the increase required in compliance with this Paragraph A.10., as well as the bonuses provided by Subsections A.1. through A.9.
c. Eligibility for Increased Bonus . An applicant shall be eligible for the increased density bonus provided by this Paragraph only if all the following conditions are met:
(1) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, final parcel map, or residential development application. (2) The developable acreage and zoning classification of the land being transferred are sufficient to allow construction of units affordable to very low -income households in an amount not less than 10 percent of the number of residential units of the proposed development.
(3) The transferred land is at least one acre in size, or of sufficient size to allow development of at least 40 dwelling units; has the appropriate General Plan Land Use Plan designation; is appropriately zoned with development standards for development at the density described in Government Code Section 65583.2(c)(3); and, is or will be served by adequate public facilities and infrastructure.

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(4) No later than the date of approval of the final subdivision map, final parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than Architectural Review and Building Permits, necessary for the development of the very low income housing units on the transferred land. (5) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 18.64.070 (Continued Availability), which shall be recorded on the property at the time of dedication.
(6) The land is transferred to the City or to a housing developer approved by the City.

The City may require the applicant to identify and transfer the land to the approved housing developer.
(7) The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one- quarter mile of the boundary of the proposed development.
(8) The applicant identifies a proposed source of funding for the very low -income units not later than the date of approval of the final subdivision map, final parcel map, or residential development application.
(9) Any land that is donated to the City in compliance with to SCCC Chapter 17.35 (“Park and Recreational Land”) is ineligible for a density bonus in compliance with this paragraph.

Greater or Lesser Bonuses. The City may choose to grant a density bonus greater than provided by this Section for a development that meets the requirements of this Section or grant a proportionately lower density bonus for a development that does not fully comply with the requirements of this Section.

Density Bonus Calculations. The calculation of a density bonus in compliance with this Section that results in fractional units shall be rounded up to the n ext whole number, as required by State law. For calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

Requirements for Amendments or Discretionary Approval . The granting of a density bonus s hall not be interpreted, in and of itself, to require a General Plan amendment, Zone Map amendment, or other discretionary approval. The granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.

Location of Bonus Units. The developer may locate density bonus units in the housing development project in areas other than where the units for the lower income households are located.

18.64.040 – Allowed Incentives or Concessions
Applicant Request and City Approval.

An applicant for a density bonus in compliance with this Chapter may submit to the City a proposal for the specific incentives or concessions listed in Subsection C. (Type of Incentives), below, that the applicant requests in compliance with this Section, and may request a meeting with the Director. The applicant may file a request either before filing an application for City approval of a proposed project or concurrently with an application for project approval. The Council shall grant an incentive or concession request that complies with this Section unless the Council makes any of the following findings in writing, based upon substantial evidence:

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a. The incentive or concession does not result in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 18.64.070 B. (Unit Cost Requirements);
b. The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low - and moderate- income households; or
c. The concession or incentive would be contrary to State or Federal law. d. The applicant has already received the maximum quantity of incentives specified in Subsection B., below.

The applicant shall show that a waiver or modification of development standards is necessary to make the housing units economically feasible.

Number of Incentives. The applicant shall receive the following number of incentives or concessions.

One Incentive or Concession . One incentive or concession for a project that includes at least 10 percent of the dwelling units for lower income households, at least five percent for very low -income households, or at least 10 percent for persons and families of moderate income in a common interest development.

Two Incentives or Concessions. Two incentives or concessions for a project that includes at least 20 percent of the dwelling units for lower income households, at least 10 percent for very low -income households, or at least 20 percent for persons and families of moderate income in a common interest development.

Three Incentives or Concessions. Three incentives or concessions for a project that includes at least 30 percent of the dwelling units for lower income households, at least 15 percent for very low -income households, or at least 3 0 percent for persons and families of moderate income in a common interest development.

Four Incentives or Concessions. Four incentives or concessions for a 100 percent affordable project that is eligible for a bonus under paragraph 18.64.020.A.7. In add ition, if such a project is located within one-half mile of a major transit stop, or is located in a very low vehicle travel area as defined in Government Code Section 65915, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

Type of Incentives. For the purposes of this Chapter, concession or incentive means any of the following:

A reduction in the site development standards of this Zoning Code (e.g., site coverage limitations, setbacks, on-site open space requirements, reduced parcel sizes, and/or parking requirements) (also see Section 18.64.050 [Parking Requirements in Density Bonus Projects]), or a modification of architectural design requirements, which exceed the minimum building standards specified in SCCC Title 5 (“Building and Construction”), and which results in identifiable, and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as identified in Section 18.64.070 B. (Dwelling Unit Cost Requirements); Zoning Map amendment to Mixed Use- Neighborhood Commercial ( MU-NC, Mixed Use- Community Commercial (MU -CC), or Mixed Use -Regional Commercial (MU -RC) in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing Chapter 18.66 Wireless Telecommunication Facilities

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project and the existing or planned development in the area where the project will be located; and/or
Other regulatory incentives proposed by the applicant or the City that will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Subsection 18.64.070 B. (Dwelling Unit Cost Requirements).

Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to requi re a General Plan amendment, Z oning Map amendment , study, or other discretionary approval.

18.64.050 – Parking Requirements in Density Bonus Projects Applicability. This Section applies to a development that meets the requirements of Section 18.64.020 (Eligibility for Density Bonus, Incentives, and Concessions) , above, at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this Section in compliance with Section 18.64.040 (Allowed Concessions and Incentives), above through either a Modification, or Variance. A request in compliance with this Section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled in compliance with Section 18.64.040 (Allowed Concessions or Incentives).

Number of Parking Spaces Required.

Default Parking Ratio. At the request of the applicant, the City shall not require vehicular parking for a project that complies with the requirements of Section 18.64.020 ( Eligibility for Density Bonus, Incentives, and Concessions) , above, inclusive of handicapped and guest parking, that exceeds the following ratios:
a. Zero or one bedroom: One on-site parking space per unit. b. Two or three bedrooms: Two on-site parking spaces per unit. c. Four or more bedrooms: Two- and one-half on-site parking spaces per unit.

Notwithstanding paragraph 1, above, i f a development includes the maximum percentage of low income or very low-income dwelling units specified in Subparagraphs 18.64.030 A.1. and

2. (Allowed Density Bonuses), above, and is located within one- half mile of a major transit stop and there is unobstructed access to the major transit stop from the development, then, upon the request of the applicant, the City shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds 0.5 spaces per bedroom.

Notwithstanding paragraph 1, above, if a development consists solely of rental units, exclusive of a manager’s unit(s), with an affordable housing cost to lower income families, as specified in Health and Safety Code Section 50052.5, then, upon the request of the applicant, the City shall not impose a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following ratios:
a. If the development is located within one-half mile of a major transit stop, and there is unobstructed ac cess to the major transit stop from the development, the ratio shall not exceed 0.5 spaces per dwelling unit.
b. If the development is a for -rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed 0.5 spaces per dwelling unit. The development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. c. Notwithstanding paragraphs 1 and 4, if the development consists solely of rental units (exclusive of a manager’s unit or units), with an affordable housing cost to Article 4 – Standards for Specific Land Uses Chapter 18.66

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lower-income families, as provided in Health and Safety Code Section 50052.5, and the development is either a special needs housing development, as defined in Health and Safety Code Section 51312, or a supportive housing development, as defined in Health and Safety Code Section 50675.14, then, upon request of the applicant, the City shall not impose any minimum parking requirement. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

Parking Study. Notwithstanding paragraphs 2. and 3., above, if the City, or an independent consultant, has conducted an areawide or citywide parking study in the last seven years, then the City may impose a higher vehicular parking ratio not to exceed the ratio described in Subparagraph B.1. (Default Parking Ratio), above, based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market -rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in compliance with this Paragraph, supporting the need for the higher parking ratio.