Location of Parking. For purposes of this Section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.
Rounding to Next Whole Number. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number .
18.64.060 – Bonus and Incentives for Development with Childcare Facilities Housing Developments. A housing development that complies with the resident and project size requirements of Subsections 18.64.020 A. and B. (Resident Requirements and Applicant Selection of Basis for Bonus Eligibility), above, and includes as part of that development a childcare facility other than a large or small family child day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements .
Additional Bonus and Incentives. The City shall grant a housing development that includes a childcare facility in compliance with this Section either of the following:
a. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the childcare facility; or b. An additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
Requirements to Qualify for Additional Bonus or Incentive. a. The City shall require, as a condition of approving the housing development, that:
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(1) The childcare facility shall remain in operation for a period that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Section 18.60.070 (Continued Avail ability), below; and
(2) Of the children who attend the childcare facility, the children of very low -income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower income households, or families of moderate income in compliance with Subsection 18.64.020 A. Resident Requirements), above.
b. Notwithstanding any other provision of this Chapter, t he City shall not be required to provide a density bonus for a childcare facility in compliance with this Section if it finds, based upon substantial evidence, that the community already has adequate childcare facilities.
Childcare Facility in Commercial, Mixed-Use, or Office Industrial Developments. An applicant for a commercial , mixed -use, or office and industrial development project, containing at least 50,000 square feet of floor area, may be granted a density bonus when that applicant agrees to set aside at least 2,000 square feet of interior floor area and 3,000 outdoor square footage to be used for a childcare facility, other than a large or small family child day care home, in compliance with Government Code Section 65917.5 (Commercial density bonus).
Allowable Density Bonuses. The allowable density bonus may be one of the following:
a. A maximum of fi ve square feet of floor area for each one square foot of floor area contained in the childcare facility located in an existing childcare facility; or b. A maximum of 10 square feet of floor area for each one square foot of floor area contained in the childcare facility located in a new childcare facility.
Requirements. Requirements to qualify for the additional density bonus shall include all the following:
a. For purposes of calculating the allowable density bonus under this Subsection, both the total area contained within the exterior walls of the childcare facility and all outdoor areas devoted to the use of the facility in compliance with applicable State childcare licensing requirements shall be considered.
b. The childcare facility shall be of a sufficient size, as determined by the Director, to comply with all applicable State licensing requirements to accommodate at least 40 children. c. This facility may be located either on the development project site or may be located off - site as agreed upon by the applicant and the City. If the childcare facility is not located on the development project site, the City shall determine whether the location of the childcare facility is appropriate and whether it complies with the purpose and intent of this Section.
d. The grantin g of a density bonus shall not preclude the City from imposing necessary conditions on the development project or on the additional square footage in compliance with Government Code Section 65917.5 (Commercial density bonus).
18.64.070 – Continued Availability
The units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable dwelling units in compliance with the following requirements, as required by Government Code Section 65915(c). See also Section 18.64.110 (Control of Resale) , below.
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Duration of Affordability . The applicant shall agree to, and the City shall ensure, the continued availability of the dwelling units that qualified the housing development for a density bonus and other incentives and concessions, as follows.
Low- and Very Low-Income Dwelling Units – 55 Years. The continued affordability of all low- and very low-income qualifying dwelling units shall be maintained for 55 years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or by City policy or ordinance.
Moderate Income Dwelling Units i n Common Interest Developments – 10 Years . The continued availability of moderate- income dwelling units in a common interest development shall be maintained for a minimum of 10 years, or a longer time if required by City policy or ordinance.
Dwelling Unit Cost Requirements. The rents and owner-occupied costs charged for the dwelling units in the development that qualify the project for a density bonus and other incentives and concessions, shall not exceed the following amounts during the period of continued availability required by this Section:
Lower Income Dwelling Units. Rents for the lower income density bonus dwelling units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and Owner-Occupied Dwelling Units . Owner-occupied dwelling units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.
Occupancy and Resale of Income Restricted For-Sale Dwelling Units . The City shall enforce an equity sharing agreement, unless it conflicts with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. . The following requirements apply to the equity sharing agreement.
Upon resale, the seller of the dwelling unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.
The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this Section:
a. The City’s initial subsidy shall be equal to the fair market value of the dwelling unit at the time of initial sale, minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value; and
b. The City’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the dwelling unit at the time of initial sale.
18.64.080 – Location and Type of Affordable Dwelling Units Location/Dispersal of Affordable Dwelling Units . Affordable dwelling units constructed in conjunction with a density bonus shall be dispersed throughout the housing development project site, rather than clustered in a s single area or a few areas. The location of the affordable dwelling units within a housing development shal l be approved as part of the entitlement granted by the C ouncil.
Affordable dwelling units shall contain on average the same number of bedrooms as the market rate dwelling units in the project and shall be compatible with the design or use of remaining dwelling units in terms of appearance, materials, and finish quality.
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Phasing. If a project is to be phased, the affordable dwelling units shall be phased in the same proportion as the market rate dwelling units or phased in another sequence acceptable to the City.
18.64.090 – Processing of Bonus Requests
Permit Requirements. A request for a density bonus and other incentives and concessions shall be evaluated and recommended by the Director ; provided, the density bonus and other incentives and concessions shall be approved or denied only by the Council.
Findings for Approval. The approval of a density bonus and other incentives and concessions shall require that the Review Authority first make all the following additional findings:
The residential development will be consistent with the General Plan , to the maximum extent practicable, and any applicable specific plan, except as provided by this Chapter for density bonuses, and other incentives and concessions;
The approved number of dwelling units can be accommodated by existing and planned infrastructure capacities;
Substantial evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this Chapter; and There are sufficient provisions to guarantee that the dwelling units will remain affordable for the required time periods specified in Section 18.64.070 (Continued Availability), above.
18.64.100 – Density Bonus Agreements
Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the "agreement") with the City in a standard form approved by the City Attorney. The applicant shall prepare the draft agreement for submission to the City for review.
Agreement Provisions.
Project Information. The agreement shall include at least the following information about the project:
a. The total number of dwelling units approved for the housing development, including the number of designated dwelling units;
b. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD Guidelines; c. The marketing plan for the affordable dwelling units; d. The location, size (square feet), and number of bedrooms of the designated dwelling units; e. Tenure of the use restrictions for designated dwelling units of the time periods required by Section 18.64.070 (Continued Availability), above;
f. A schedule for completion and occupancy of the designated dwelling units; g. A description of the additional incentives and concessions being provided by the City; h. A description of the remedies for breach of the agreement by the City, the owners, developers, and/or third-party beneficiaries of the project (the City may identify tenants or qualified purchasers as third-party beneficiaries under the agreement); and i. Other provisions to ensure successful implementation and compliance with this Chapter.
Minimum Requirements. The agreement shall provide, at minimum, that:
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a. The developer shall give the City the continuing right-of-first refusal to lease or purchase any or all the designated dwelling units at the appraised value; b. The deeds to the designated dwelling units shall contain a cov enant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for the designated units without first obtaining the written approval of the City;
c. When providing the written approval, the City shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low and very low- income households, as published by HUD;
d. The City shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the subject dwelling units are continuously occupied by eligible households;
e. Applicable deed restrictions, in a form satisfactory to the City Attorney , shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the Certificate of Occupancy;
f. In any action taken to enforce compliance with the deed restrictions , the City Attorney may utilize and leg al remedies to recover all of the City’s costs of action including legal services; and
g. Compliance with the agreement will be monitored and enforced in compliance with the measures specified in the agreement.
For-Sale Housing Conditions. In the case of a for-sale housing development, the agreement shall provide for the following conditions governing the initial sale and use of the designated dwelling units during the applicable restriction periods:
a. Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents, depending on the type of density bonus; and
b. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the City which:
(1) Restricts the sale of the unit in compliance with this Chapter, or other applicable City policy or ordinance, during the applicable use restriction periods;
(2) Contains provisions as the City may require ensuring continued compliance with this Chapter and State law; and
(3) Shall be recorded against the parcel containing the designated dwelling unit.
Rental Housing Conditions. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of designated dwelling units during the applicable restriction periods:
a. Rents for the lower income dwelling units shall be set at an affordable rent level; b. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; c. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; Chapter 18.66 Wireless Telecommunication Facilities
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d. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter;
e. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and f. The applicable use restriction period shall comply with the time limits for continued availability in Section 18.64.070 (Continued Availability), above.
Execution of Agreement.
Following Council’s approval of the agreement, and execution of the agreement by all parties, the City shall record the completed agreement on the parcels designated for the construction of designated dwelling units, or a memorandum in a form acceptable to the City Attorney, at the Santa Clara County Recorder's Office.
The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of Building Permits for the designated dwelling units.
The agreement shall be binding on all future owners, developers, and/or successors -in- interest.
18.64.110 – Controls of Resale
To maintain the availability of for-sale affordable dwelling units constructed in compliance with this Chapter, the following resale conditions shall apply.
Limits on Resale Price. The price received by the seller of an affordable dwelling unit shall be limited to the purchase price plus an increase based on the local consumer price index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less. Before offering an affordable dwelling unit for sale, the seller shall provide written notice to the City of their intent to sell. The notice shall be provided by certified mail to the Director.
Dwelling Units to Be Offered to The City. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this Section shall be offered to the City or its assignee for a period of at least 90 days from the date of the noti ce of intent to sell is delivered to the City by the first purchaser or subsequent purchasers. Home ownership affordable units shall be sold and resold from the date of the original sale only to households as determined to be eligible for affordable units by the City in compliance with this Section. The seller shall not levy or charge any additional fees nor shall any "finder's fee" or other monetary consideration be allowed other than customary real estate commissions and closing costs.
Declaration of Rest rictions. The owner (s) of any affordable dwelling unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the City , stating the restrictions imposed in compliance with this Section. The grant deed shall afford the grantor and the City the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this Section.
City to Monitor Resale of Units. The City shall monitor the resale of ownership affordable dwelling units. The City or its designee shall have a 90- day option to commence purchase of ownership affordable dwelling units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the City for appropriate action.
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18.64.120 – Waiver of Standards
Waiver of Standards Preventing the Use of Bonuses, Incentives, o r Concessions. An applicant may submit a written proposal to the Director for the waiver or reduction of development standards.
The Council may grant the request if the applicant demonstrates to the satisfaction of the Council, based upon substantial evidence, that the proposed waiver or reduction is necessary to make the housing development economically feasible, and that without the waiver the development standards would physically preclude the construction of the development that meets all other legal requirements, subject to the limitations and requirements of this Section.
City Exemption. Notwithstanding the provisions of Subsection A., above, nothing in this Section shall be interpreted to require the City to:
Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health or safety, and for which there is no feasible method to sati sfactorily mitigate or avoid the specific adverse impact;
Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or Waive or reduce the development standards if the waiver or reduction would be contrary to State or Federal law.
For residential development providing greater than 50 percent of the tota l number of units for affordable housing on residentially designated properties, allow development at any residential density, provided that the increased density is compatible with planned uses on neighboring properties and consistent with other applicabl e General Plan policies. [City: this is General Plan Policy 5.5.1- P4]. For neighborhood and community mixed- use properties under one-half acre, allow mixed-use development of entirely residential uses or development of entirely commercial or community-serving office uses in order to facilitate development on smaller lots, consistent with the required density and intensity ranges as well as other applicable General Plan policies.
For residentially designated properties under one-half acre in size, allow an alternate density of up to one range higher or lower than the classification shown on the General Plan Land Use Diagram in order to facilitate infill development, provided that the proposed development is compatible with surrounding uses and c onsistent with other applicable General Plan policies. For example, a parcel designated as low density may accommodate very low density or medium density, but not high density.
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18.64.130 – Mixed Use Density Bonuses
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 commercial development or on a site that is all of the following:
1. Within the boundaries of the City of Santa Clara
2. In close proximity to public amenities including schools and employment centers.
3. Located within one-half mile of a major transit stop.
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:
1. Up to a 20-percent increase in maximum allowable intensity in the General Plan.
2. Up to a 20-percent increase in maximum allowable floor area ratio.
3. Up to a 20-percent increase in maximum height requirements.
4. Up to a 20-percent reduction in minimum parking requirements.
5. Use of a limited-use/limited-application elevator for upper floor accessibility.
6. An exception to a zoning ordinance or other land use regulation.
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 commercial developer will contribute affordable housing, and shall be approved by the City.
D. For purposes of this section, affordable housing may be contributed by the commercial developer in one of the following manners:
1. The commercial developer may directly build the units.
2. The commercial developer may donate a portion of the site or property elsewher e to the affordable housing developer for use as a site for affordable housing.
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.
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.
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withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.
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 low-income households.
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.
I. A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within Chapter 17.40.
18.64.140 – Parking relief for 100% affordable projects 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 to 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 50053 of the Health and Safety Code, then the City shall not require parking if a development project meets any of the following criteria:
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.
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 has either paratransit service or unobstructed access, within one- half mile, to fixed bus route service that operates at least eight times per day.
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.
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Chapter 18.66 - Wireless Telecommunications Facilities
Sections
18.66.010 – Purpose and Applicability
18.66.020 – Definitions
18.66.030 – Exemptions from Discretionary Permits
18.66.040 – Permits Required
18.66.050 – Application Requirements
18.66.060 – Location Requirements
18.66.070 – Facility Design and Developmental Standards
18.66.080 – Modification Constituting a “Substantial Change”
18.66.090 – Operation and Maintenance Standards
18.66.100 – Discontinuance and Site Restoration
18.66.010 – Purpose and Applicability
Purpose. This Chapter establishes locational , developmental, and operational standards and permit requirements consistent with Federal law to: regulate the placement and design of wireless telecommunication facilities so as to preserve the unique visual character of the City, promote the aesthetic appearance of the City, and to ensure public safety and welfare; pursue additional benefits from the facilities for the public by allowing for the leasing of publicly-owned properties where feasible for the development of communication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced wireless telecommunication services within the City.
Applicability. The requirements of this Chapter shall apply to all wireless telecommunications facilities located within the City.
18.66.020 – Definitions
The following definitions shall apply to this Chapter.
Antennas. Any system of wires, poles, rods, reflecting discs, dishes, flat panels, or similar devices, including “whip antennas,” attached to a wireless telecommunications tower, mast or other structure, which in combination with the radio-frequency radiation generating equipment associated with a base station are used for the transmission or reception of electromagnetic waves.
Base Station. The structure and equipment placed at a fixed location that enables Federal Communications Commission (FCC) -licensed or authorized wireless telecommunications between user equipment and a wireless telecommunication network. It includes, but is not limited to, utility poles, light standards, traffic signals, and other structures that house communication equipment as long as it received the applicable regulatory approvals, even if the structure was not built for the sole or primary purpose of providing wireless telecommunications support.
Cellular Service. A wireless telecommunications service that permits customers to use mobile telephones and other communication devices to connect, via low -power radio transmitter sites, either to the public - switched telephone network or to other fixed or mobile communication devices.
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Channel. The segment of the radiation spectrum from an antenna, which carries one signal. An antenna may radiate on many channels simultaneously.
Co-location or Co-Located Facility. The mounting or installation of transmission equipment on an existing wireless tower or base station for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.
Communication Equipment Shelter. A structure located at a base station designed principally to enclose equipment used in connection with telecommunication transmissions.
DAS. Distributed Antenna System.
dBm. A unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt.
Dish Antenna. Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia-shaped and is used to transmit and/or receive electromagnetic signals.
FAA. Federal Aviation Administration.
FCC. Federal Communications Commission. The Federal agency responsible for regulating telecommunications in the United States.
GHz. Gigahertz—one billion (1,000,000,000) hertz.
Ground-Mounted Wireless Telecommunication Facility. Any antenna with its base placed directly on the ground (e.g., bare ground, concrete slab or footing), or that is attached to a mast or pipe.
Hertz (Hz). A unit of measurement of an electric or magnetic field, which reverses its polarity at a frequency of once per second (i.e., one cycle or wavelength per second).
MegaHertz (MHz). One million (1,000,000) hertz.
Microcell Site. A small radio transceiver facility comprised of an equipment cabinet with a total volume of one hundred (100) cubic feet or less that is either under or aboveground, and one omni -directional whip antenna with a maximum length of five feet, or up to three small (approximately one foot by two feet or one foot by four feet) directional panel antennas, mounted on a single pole, an existing conventional utility pole, an existing stop light, or some other similar support structure.
Monitoring. The measurement, by the use of ins truments in the field, of radiofrequency /non-ionizing radiation exposure at a site as a whole, or from individual wireless telecommunication facilities/towers/ antennas/repeaters.
Monopole. A single pole-structure erected on the ground (e.g., bare ground, concrete slab or footing), to support one or more wireless telecommunication antennas and connecting appurtenances .)
Non-Ionizing Electromagnetic Radiation (NIER). Radiation from the portion of the electromagnetic spectrum with frequencies of approximately one million (1,000,000) GHz and below, including all frequencies below the ultraviolet range (e.g., visible light, infrared radiation, microwave radiation, and radio frequency radiation).
Radiofrequency (RF) Radiation. Radiation from the portion of the electromagnetic spectrum with frequencies below the infrared range (approximately 100 GHz and below), including microwaves, television VHF and UHF signals, radio signals, and low to ultra-low frequencies.
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Radome. A dome or other structure protecting radar equipment and made from material transparent to radio waves.
Repeater. Small receiver/relay transmitter of relatively low power output designed to provide service to areas that are not able to receive adequate coverage directly from a base or primary station.
Significant Gap. A gap in the service provider’s (applicant carrier’s) own personal wireless services network within the City and Santa Clara County, as defined in Federal case law interpretations of the Federal Telecommunications Act of 1996.
Slimline Monopole. An antenna projecting less than three feet from the center of the pole , shielded with a radome, with a maximum allowable height of 75 feet.
Stealth Technology/Techniques. Camouflaging methods applied to wireless telecommunication towers, antennas and/or other facilities, which render them visually inconspicuous.
Structure-Mounted Wireless Telecommunication Facility. Any immobile antenna (including panels and directional antennas) attached to a structure (e.g., a structure facade or a water tower), or mounted upon a roof.
Substantial Change. Refers to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the baseline conditions for the wireless telecommunication tower or base station.
Wireless Telecommunication Tower (Cell Tower/Tower). Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities. It includes, but is not limited to, masts, poles, monopoles, guyed towers, lattice towers, and freestanding towers.
Transmission Equipment. Equipment that facilitates transmission of any FCC -licensed or authorized wireless service. It includes, but is not limited to, radio transceivers, antennas, coaxial or fiber -optic cable, and regular and backup power supply.
Visual Impact. An adverse effect on the visual and/or aesthetic environment. This may derive from blocking of a view, or introduction of elements that are incompatible with the scale, texture, form or color of the existing natural or human- made landscape, including the existing charac ter surrounding the proposed wireless telecommunication facility site.
Wireless Telecommunication (or Telecommunications) Facility. A facility, including all associated equipment, which supports the transmission and/or receipt of electromagnetic/radio sig nals. Wireless telecommunication facilities include cellular radiotelephone service facilities, personal communications service facilities (including wireless Internet), specialized mobile radio service facilities, and commercial paging service facilities. Components of these types of facilities can consist of the following: antennas, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of signals, telecommunication towers or similar structures supporting the equi pment, equipment structures, parking area, and other accessory development.
18.66.030 – Exemptions from Discretionary Permits
The following wireless telecommunication facilities are exempt from the discretionary permit requirements of this Chapter. However, each wirel ess telecommunication facility shall comply with all applicable requirements of State and Federal law , the remaining requirements of this Chapter, and the issuance of a nondiscretionary Zoning Clearance.
Replacement or modification of a previously allowed facility or equipment determined by the Director to be of a minor nature that does not increase the number or height of antennas or significantly change or enlarge the related equipment at the site.
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A dish antenna that is one meter (39 inches) or less in diameter or diagonal measurement located in a residential or mixed-use zone, that is designed:
To receive direct broadcast satellite service, including direct -to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Code of Federal Regulations Title 47, and any interpretive decisions thereof issued by the Federal Communications Commission; or
For subscribing to a multipoint distribution service.
A satellite earth station (SES) antenna of two meters (78 inches) or less in diameter or diagonal measurement, located in a non-residential or mixed- use zone, that is designed to transmit or receive radio communications by satellite or terrestrial communications antenna. These antennas shall require a Building Permit and approval of the placement by the Director to ensure safety, and to avoid tripping hazards and the creation of an attractive nuisance, shall be placed whenever possible, on the top of structures as far from the edge of rooftops towards the rear of the structure to minimize the view from the public rights-of-way.
Wireless telecommunication facilities and/or components of these facilities used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g., Cit y 911 emergency services, police, and/or fire department, first responder medical services, hospitals, etc.), are exempt from the provisions of this Chapter.
Temporary mobile wireless services, including mobile wireless telecommunication facilities and services providing public information coverage of news events, of less than two weeks in duration.
The co-location of a new antenna to an existing permitted wireless telecommunications tower or facility, or the replacement of an existing approved support structure in order to allow the co- location of a new antenna, without an increase in height. The issuance of a nondiscretionary Zoning Clearance shall also be required.
A ground- or structure-mounted receive-only radio or television antenna that does not exceed the height requirements of the zone in which it is located, or television dish antenna that does not exceed one meter (39 inches) in diameter if located on a residential or mixed-use zoned parcel.
Distributed Antenna System (DAS)/small cell sites or mi crocell sites in the public right -of-way (ROW) are subject to the execution of a master lease or development agreement between the City and project applicant, along with the criteria that includes all of the siting and design requirements and guidelines (the Small Cell/DAS Attachments to SVP Streetlights) that would typically occur in the planning review process and project implementation through an Encroachment Permit process.
Handheld devices (i.e., cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers), and similar devices.
Any modification or maintenance activities carried out as part of the routine operation of wireless telecommunication facilities that do not result in substantial change (See Sections 18.66.080 [Modification Constituting a Substantial Change] and 18.66.090 [ Operation and Maintenance Standards]).
Any other facilities that are exempt from City approval by State or Federal statute.
18.66.040 – Permits Required
No wireless telecommunication facility except those designated in Section 18.66.03 0 (Exemptions from Discretionary Permits) shall be installed, erected, or modified in the City without the approval of either a Chapter 18.66 Wireless Telecommunication Facilities
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Conditional Use Permit, Minor Use Permit, or Zoning Clearance in compliance with the list of allowable land uses specified in Article 2 (Zones, Allowable Uses, and Development Standards) and the following.
Conditional Use Permit. Conditional Use Permit approval is required for all new wireless telecommunication facilities and wireless telecommunication towers that exceed 70 feet in height, or do not meet the definition of slimline monopole subject to this Chapter.
Minor Use Permit . Minor Use Permit approval is required for the extension of an existing wireless telecommunication facility and if the existing wireless telecommunications tower will be 70 feet or less feet in height and meets the definition of slimline monopole Zoning Clearance . A nondiscretionary Zoning Clearance is required for co- location on an existing permitted wireless telecommun ication tower or facility. Multiple service providers may submit one application for all intended co- located facilities. Prior to the issuance of a Zoning Clearance all the following requirements shall be met for the proposed facility. The wireless telecommunications facility:
Shall be consistent with current zoning regulations; and Was previously granted discretionary review approval.
Conditions. In approving a Con ditional Use Permit or Minor Use Permi t, the appropriate Review Authority may impose conditions as it deems reasonable, necessary, and appropriate to further the purposes of this Chapter, including, but not limited to, redesign or relocation of the proposed facility and resubmittal of a revised proposal for further consideration.
18.66.050 – Application Requirements
Requirements. In addition to the information required for a Conditional Use Permit, Minor Use Permit, or Zoning Clearance application in Article 6 (Permit Processing Procedures) the application for a wireless telecommunication facility shall also include all the following:
Boundary Map. A map with locations and boundaries of the coverage areas and a search ring analysis for all of the applicant’s tower sites existing, approved but not yet constructed, applicant submitted but not yet approved, and potential future sites. The Boundary Map shall also include all of the following:
a. Indicate any existing communication towers located within a four -mile radius of the proposed site(s), the operators of each tower, the tower heights, and attempts to co- locate.
b. Identify any airport facility located within a four-mile radius of the proposed site(s).
Site Specific Map. The applicant shall submit a detailed map for each proposed site coverage area including all the following:
a. Identify all structures, roads, highways, and residences; and b. Identify all feasible tower locations within each coverage area.
Coverage Report Required . The applicant shall provide a coverage report containing an analysis of existing significant gaps in the service provider ’s network and how the proposed wireless telecommunication facility would eliminate or substantially reduce the gap in coverage.
Parcel Specific Information. The applicant shall provide copies of any land use easements or lease restrictions which would prohibit co-location (on existing wireless telecommunication facilities) or share locations (next to an existing wireless telecommunication facilities) by other service providers.
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Explanation of Technology. The applicant shall provide a detailed explanation of the type of technology to be used and types of services to be provided by each wireless telecommunication facility site/installation.
Health Certification. The applicant shall supply certification acceptable to the Director for the proposed facility and shall comply with all applicable health requirements and standards pertaining to electromagnetic and/or radio frequency radiation.
Co-Location. All new towers shall allow for co- location of publ ic safety transmission equipment when deemed feasible by the Director.
Information required Before Issuance of Building Permits. The applicant shall provide the City with all the following items before the issuance of a Building Permit:
An acceptable type of financial security (i.e., a letter of credit), to ensure that the approved facility is properly maintained and to guarantee that the facility is dismantled and removed if non-operative or abandoned for a minimum 30-day period or upon expiration of the permit from the City, whichever first occurs;
A proposed wireless telecommunication tower lighting plan; and At least two letters of intent, where more than one carrier is proposed for each tower, demonstrating an immediate need for the wireless telecommunications tower location.
18.66.060 – Location Requirements
Tower Placement in Commercial Zones. Wireless telecommunication tower facilities located within a Commercial zone shall be separated by a minimum distance of 200 feet from any other wireless telecommunication facility, and there shall be no more than two towers on a single parcel, unless the towers are located on a publicly owned facility.
Facility Placement in Residential and Mixed-Use Zones. Wireless communications facilities located within a Mixed -Use zone shall be separated by a minimum distance of 300 feet of any residential structure or any other existing wireless communications facility except as follows.
When located on any existing nonresidential structure or on any existing utility pole, provided the location complies with all the following:
a. The co-location is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable State or Federal regulations.
b. Existing wireless communications facilities to be used for co- location shall have been previously approved for a Conditional Use Permit or a Minor Use Permit, including modification of an existing Conditional Use Permit or Minor Use Permit. Legal nonconforming facilities do not qualify for co-location. c. All new accessory equipment and enclosures shall be located underground or screened from public view as approved by the Director.
d. Unless shown in the submitted application documentation to the satisfaction of the Director to not be technically and/or commercially feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage described in the project application.
The proposed wireless telecommunication facility will replace or modify an existing wireless telecommunication facility for purposes of co-location.
The proposed wireless telecommunication fac ility will be designed and constructed in a manner to allow future co-location of additional wireless communication carriers, provided the Chapter 18.66 Wireless Telecommunication Facilities
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applicant submits written documentation that shows that a more preferable location cannot be reasonably accommodated by the applicant due to technical requirements of the proposed facility, including but not limited to coverage requirements imposed by the Federal Communications Commission (FCC) or otherwise by law, or due to other factors beyond the applicant’s reasonable control.
18.66.070 – Facility Design and Developmental Standards All wireless telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards:
Height and Separation Requirements.
The height of a wireless telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower or to the point of the highest piece of equipment attached to the tower.
Wireless telecommunications facili ties and related equipment shall be safely erected and maintained at a height which does not exceed the surrounding conditions, improvements, and circumstances.
Wireless telecommunications facilities s hall maintain at least one foot of separation to residential uses (located on or off-site) for each one foot of tower height.
Colors and Materials. All antennas, poles, towers, or related equipment, including ancillary support equipment, shall have a nonreflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a structure shall be painted or otherwise treated to match the exterior of the structure or the antenna's background color.
Stealth Features. When determined to be appropriate by the City, wireless telecommunications facilities shall incorporate stealth features or technologies to blend the tower into its natural surroundings to the maximum extent possible. This is typically ach ieved through camouflaging the tower to look like trees or other similar natural-looking features in the vicinity.
Equipment Cabinets. A wireless telecommunication facility shall not exceed four equipment cabinets.
Screening, Landscaping. All ground mounted equipment, antennas, poles, or towers shall be sited to be screened by existing development, topography, or vegetation. Ground mounted facilities shall be screened with structures or located underground or in areas where substantial screening by existing structures or vegetation can be achieved. Additional new vegetation or other screening may be required by the Review Authority. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives.
Additional Screening and Landscaping. As part of project review and the imposition of conditions of approval, the Review Authority may require additional screening and/or landscaping, under-grounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size, or relationship to the public rights-of-way.
Lighting. If required by the City or State or Federal regulations , wireless telecommunication towers shall be lighted, with lighting hooded/shielded and directed downward and away from adjoining properties and the public rights -of-way. No blinking or flashing lights shall be allowed unless required by State or Federal regulations.
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Power. The provision of power to and within a communication facility site shall be installed underground, unless, in the determination of the Review Authority , conditions on the site render undergrounding infeasible.
Backup Power Supply. A backup power supply (i.e., generator) and associated fuel storage tanks to support the backup power supply shall be enclosed within a structure and screened to the satisfaction of the Director.
Signs. No advertising signs or logos other than a maximum three- square foot nameplate shall be allowed on a tower and related facilities.
18.66.080 – Modification Constituting a “Substantial Change” The following definition of “substantial change” shall refer to a single change, or a series of changes over time (whether made by the same or different entities) measured against the originally approved wireless telecommunication tower or base station that would have any of the effects described below:
Wireless Telecommunication Tower or Base Station. The proposed co-location or modification:
Height. Would increase the height by more than 10 percent or 10 feet above the originally approved height (whichever is greater); and/or
Width. Would protrude from the edge of the originally approved structure by more than six feet.
Additional Equipment Cabinets. The proposed co -location or modification would involve adding additional equipment cabinets.
Work Outside Existing Boundaries. A proposal that includes excavation or development of equipment outside the wireless telecommunication facility’s originally approved boundaries.
Violation of Condition of Approval. The proposed co- location or modification w ould violate one or more existing condition(s) of approval.
Site Alterations. A proposal that would alter required access, parking, or landscaping.
Replacement of Facility. A proposal to replace the wireless telecommunication tower or foundation.
18.66.090 – Operation and Maintenance Standards
Contact and Site Information. The owner or operator of any wireless facility shall submit and maintain current at all times basic contact and site information. The owner or operator shall notify the City of any changes to the inf ormation submitted within 30 days of any change, including change of the name or legal status of the owner or operator. At a minimum this information shall include all the following:
Name, address, telephone number s and legal status of the owner of the fac ility, including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility; Name, address, and telephone numbers (land line(s) and mobile) of a local contact person for emergencies;
Type of service provided; and
Identification signs, including emergency phone numbers (land line(s) and mobile) of the utility provider, shall be posted at all communication facility sites.
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Facility Maintenance. All wireless telecommunication facilities and related equipment, including lighting, fencing, screening, shields, cabinets, yards, and poles shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight.
Landscaping Maintenance. All trees, foliage, and other landscaping elements on a wireless telecommunication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead, or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall require approval by the Director.
The Review Authority may also require a landscape maintenance agreement.
Noise. Each wireless telecommunication facility shall be oper ated to minimize the generation of noise that is audible from off the site. Backup generators shall only be operated during periods of power outages and shall not be tested on weekends or holidays. At no time shall equipment noise from any source exceed the noise standards in Chapter 9.10 of the SCCC (Regulation of Noise and Vibrations).
Exterior Lighting. Any exterior lighting shall be manually operated and used only during night maintenance or emergencies, unless otherwise required by applicable Federal l aw or FCC rules. The lighting shall be constructed or located so that only the intended area is illuminated, and off -site glare is fully controlled. Light fixtures shall be low wattage, hooded, and directed downward and away from adjoining properties.
Site Inspection Required . Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards identified in this Section.
18.66.100 – Discontinuance and Site Restoration
All equipment associated with a wireless telecommunication facility shall be removed from the site within 30 days of the discontinuance of the use and the site shall be restored to its original pre- construction condition or better, subject to the approval of the Director.
The service provider shall provide the City with a notice of intent to vacate a site a minimum of 30 days before site vacation.
This removal requirement, and appropriate bonding requirements, shall be included in the terms of a lease for a facility on public property.
A private lease for a facility located on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the equipment Article 3 – Regulations Applicable to All Zones Chapter 18.42
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Article 5 – Nonconformities Chapter 18.90
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Article 5 – Nonconformities
December 2023
Title 18 – Zoning Code
5 TABLE OF CONTENTS
Chapter 18.90 – General Nonconforming Provisions -------------------------------------- 5-1
18.90.010 – Purpose, Intent, and Definitions ------------------------------------------------------------------------ 5-1
18.90.020 – Establishment and Proof of Legal Nonconforming Status ---------------------------------------- 5-2
18.90.030 – Existing Structures and Uses ---------------------------------------------------------------------------- 5-3
18.90.040 – Customary Maintenance and Repair ------------------------------------------------------------------ 5-3
18.90.050 – Modification and Expansion ----------------------------------------------------------------------------- 5-3
18.90.060 – Nonconforming Minor Use Permit Procedures ------------------------------------------------------ 5-4 Chapter 18.92 – Nonconforming Structures --------------------------------------------------- 5-5
18.92.010 – Continuation of Legal Nonconforming Structures -------------------------------------------------- 5-5
18.92.020 – Destroyed or Deteriorated Non-Residential Structures ------------------------------------------- 5-5
18.92.030 – Destroyed or Deteriorated Residential Structures -------------------------------------------------- 5-6
18.92.040 – Allowed Improvements and Expansions of Nonconforming Structures ----------------------- 5-6
18.92.050 – Repair and Alteration of Nonconforming Structures ----------------------------------------------- 5-7 Chapter 18.94 – Nonconforming Uses ---------------------------------------------------------- 5-9
18.94.010 – Continuation of Legal Nonconforming Uses --------------------------------------------------------- 5-9
18.94.020 – Effect of Conditional Use/Minor Use Permit Requirements -------------------------------------- 5-9
18.94.030 – Expansion or Modification of Legal Nonconforming Uses ---------------------------------------- 5-9
18.94.040 – Discontinuance of Legal Nonconforming Uses --------------------------------------------------- 5-10 Chapter 18.96 – Nonconforming Parcels ------------------------------------------------------ 5-11
18.96.010 – Use of Legal Nonconforming Parcels --------------------------------------------------------------- 5-11
18.96.020 – Subdivision of Legal Nonconforming Parcels ----------------------------------------------------- 5-11 Chapter 18.98 – Other Specific Nonconforming Provisions ---------------------------- 5-13
18.98.010 – Nonconformities Regarding Landscaping ---------------------------------------------------------- 5-13
18.98.020 – Nonconformities Regarding Off-Street Parking and Loading ---------------------------------- 5-13
18.98.030 – Nonconformities Regarding Signs -------------------------------------------------------------------- 5-14
Table of Contents Article 5 – Nonconformities
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Article 5 – Nonconformities Chapter 18.90
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Chapter 18.90 – General Nonconforming Provisions
Sections
18.90.010 – Purpose, Intent, and Definitions
18.90.020 – Establishment and Proof of Legal Nonconforming Status
18.90.030 – Existing Structures and Uses
18.90.040 – Customary Maintenance and Repair
18.90.050 – Modification and Expansion
18.90.060 – Nonconforming Minor Use Permit Procedures
18.90.010 – Purpose, Intent, and Definitions
A. Purpose. This Article provides regulations for:
1. Nonconforming parcels, signs, structures, and land uses that were lawfully permitted before the adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the terms of this Zoning Code.
2. The continuance, maintenance, and repair of nonconformities under certain circumstances and limiting reconstruction and reestablishment of nonconformities. These nonconforming uses and structures may continue or be discontinued as specified in this Article.
B. Intent.
1. In order to limit the number and extent of nonconformi ties created by adoption or amendment of this Zoning Code, it is the City's intent to generally allow nonconformities to continue until they are removed or abandoned.
2. It is further the intent of this Article that nonconformities shall not be altered, enlarged, expanded, extended, moved, reestablished, or changed to another nonconforming use after abandonment or discontinuance, or restored after involuntary destruction, except in compliance with this Article.
3. It is the City’s intent to ensure that certain nonconformities, including certain classes of nonconforming uses, nonconforming structures of nominal value, and certain uses not meeting screening, performance, or parking standards, are discontinued or become conforming.
4. This Article shall only apply to legal nonconformities and shall not apply to any use or structure established in violation of the adopted Zoning Code or other appplicable laws , unless the use or structure presently conforms with the provisions of this Zoning Code and all other applicable laws.
C. Definitions. For purpose of this Article, the following terms shall have the following definitions:
1. Appraised Values. All appraised values referred to in this Articl e shall be determined by a State licensed appraiser and confirmed by the Building Official.
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2. Cessation or Discontinuance. Cessation or discontinuance of a nonconforming use shall be defined as an abandonment of the use, irrespective of the owner's or occupant's intent.
3. Effective Date. The date this Zoning Code became effective, or any amendment thereto.
4. Illegal Nonconformity. A parcel, sign, structure, or use that was illegally constructed, created, installed, or initiated without proper permit s or approvals, and does not comply with the provisions of this Zoning Code. An illegal nonconformity is not eligible for any of the protections provided by this Article.
5. Nonconforming Parcel. A parcel legally created before the effective date of this Zoning Code, or subsequent amendment, which does not currently comply with the minimum area, depth, width, or other requirements of this Zoning Code.
6. Nonconforming Sign. A sign legally existing before the effective date of this Zoning Code, or subsequent amendment, which does not currently comply with the sign regulations of this Zoning Code.
7. Nonconforming Structure. A structure legally existing before the effective date of this Zoning Code, or subsequent amendment, which does not currently conform to the requirements of the zone in which it is located.
8. Nonconforming Use. A use of land and/or a structure legally existing before the effective date of this Zoning Code, or subsequent amendment, but which is no longer allowed in the zone in which it is located.
18.90.020 – Establishment and Proof of Legal Nonconforming Status The property owner has the burden to prove a legal nonconformity and the related protected status that comes with legal nonconformity as specified in this Article.
A. Property Owner’s Responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject use or structure is a legal nonconformity.
B. City is Not Responsible. The City is not responsible to prove the legal status of the nonconformity.
C. Director’s Determination.
1. The process begins with the property owner submitting sufficient written evidence to the Director demonstrating that the nonconformity is legal and subject to the protected status specified in this Article.
2. The Director may decide the matter favorably based on the documentation provided. In the alternative, the Director shall conduct an administrative hearing and provide notice of the hearing to the property owner in compliance with Chapter 18.146 (Public Notices and Hearings).
3. If an administrative hearing is conducted, the property owner shall have the opportunity to appear and provide oral testimony and present evidence on the legality of the nonconformity.
4. The Director shall consider the testimony and evidence and make a determination as to the legality of the nonconformity and the available protections provided by this Article.
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5. The Director’s determination of legal nonconformity shall be appealable as specified in Chapter 18.144 (Appeals).
18.90.030 – Existing Structures and Uses
A. Existing Structures. Notwithstanding any other provision in this Zoning Code, the lawful use of structures existing prior to the Effective Date of this Zoning Code may continue and none of the other Articles of this Zoning Code shall apply, as though the prior zoning of the parcel remained in place, until use of the existing structure (including any expansions) has been discontinued in its entirety, at which time the prior zoning shall become inapplicable and the other sections of this Zoning Code shall apply from that point forward.
B. Allowed Uses. For parcels with legal uses of structures existing prior to the Effective Date of this Zoning Code, allowed uses of the prior zone are allowed to continue, and none of the other Articles of this Zoning Code shall apply to the structure and use, until the existing use (including any expansions) has been discontinued in its entirety.
C. Conditional Uses. For parcels with legal uses of structures existing prior to the Effective Date of this Zoning Code that were conditionally permitted uses under a prior version of the Zoning Code, such uses are allowed to continue, and none of the other Articles of this Zoning Code shall apply, provided that such uses continue to comply with all conditions that were imposed at the time the original use was approved, and until the existing uses (including any expansions) have been discontinued in their entirety.
D. Development Standards. For parcels with legal uses of structures existing prior to the Effective Date of this Zoning Code, development standards of the prior zon e shall apply, and none of the other Articles of this Zoning Code shall apply, until the existing use (including any expansions) has been discontinued in its entirety.
18.90.040 – Customary Maintenance and Repair
A nonconformity (i.e., parcel, sign, structure, or use) may be maintained and continued with customary maintenance and repair without any expansion or enlargement of area, space , or volume, except as otherwise provided in this Article. A nonconformity may be maintained provided that no structural alterations shall be made to structural supporting members (i.e., bearing wall, column, beam, girder, rafter, joist and the lik e), except as required for health and safety as determ ined by the Building Official and in compliance with Section 18.92.050, below.
18.90.050 – Modification and Expansion
A nonconforming use or structure may be modified or expanded, but only as listed below, subjec t to the provisions of Section 18.90.060 (Nonconforming Minor Use Permit Procedures):
A. Structural Modification. Addition, enlargement, extension, or relocation of a nonconforming structure may be allowed if the changes to the structure conform to applicable provisions of this Zoning Code. However, these modifications may not expand the extent of the nonconforming aspect of the structure or result in any new nonconforming conditions for the subject property.
B. Expansion of Use. Expansion or modification of a nonconforming use is allowed in compliance with Section 18.90.060 (Nonconforming Minor Use Permit Procedures), below.
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18.90.060 – Nonconforming Minor Use Permit Procedures
A. Purpose. The purpose of the Nonconforming Minor Use Permit is to allow individual review of requests to expand or modify nonconforming uses , structures, and structures on nonconforming parcels, in a manner that ensures compatibility with surrounding areas and land uses.
B. Applicability. A Nonconforming Minor Use Permit is required for the expansion or modification of existing nonconforming uses, structures, or structures on nonconforming parcels beyond the maintenance provisions of Section 18.90.04 0 (Customary Maintenance and Repair ) and the expansion provisions of Section 18.92.040.
C. Review Procedures. An application shall be submitted on the most up -to-date forms provided by the Department, along with required materials and any application fee as established by the City’s Fee Schedule. Review procedures for Minor Use Permits for nonconforming uses and structures shall be as specified in Chapter 18.114 (Conditional and Minor Use Permits)
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Chapter 18.92 – Nonconforming Structures
Sections
18.92.010 – Continuation of Legal Nonconforming Structures
18.92.020 – Destroyed or Deteriorated Non-Residential Structures
18.92.030 – Destroyed or Deteriorated Residential Structures
18.92.040 – Allowed Improvements and Expansions of Nonconforming Structures
18.92.050 – Repair and Alteration of Nonconforming Structures
18.92.010 – Continuation of Legal Nonconforming Structures A legal nonconforming land use and the use of a legal nonconforming structure may be continued, notwithstanding any transfers of ownership; provided that the continuation complies with the requirements of this Chapter. A legal nonconforming structure may be maintained subject to the following:
A. Ordinary Maintenance and Repairs. A nonconforming structure may undergo ordinary maintenance and repairs, as provided in Section 18.90.040.
B. Nonstructural Alterations to Structure(s). Necessary repairs and desired alterations that are not structural may be made to a nonconforming structure(s), only if the Building Official first determines that the repairs are necessary for public safety purposes and the cost does not exceed 75 percent of the appraised value of the nonconforming structure.
C. Additions to Nonconforming Structure (s). Additions may be made to a structure(s) that are nonconforming due to their placement on the parcel as long as the additions are in compliance with all of the applicable regulations of this Zoning Code.
D. Development of a Parcel with a Nonconforming Structure(s). Any additional development of a parcel with a nonconforming structure shall require that all new structures and/or additions be in compliance with this Zoning Code.
18.92.020 – Destroyed or Deteriorated Non-Residential Structures A. Involuntary Destruction or Deterioration of Nonconforming Structures . If a nonconforming non-residential structure is involuntarily destroyed or deteriorated as a result of manmade catastrophe or natural disaster (e.g. fire, earthquake, flood, windstorm), the following provisions shall apply:
1. 75 Percent or More. A nonconforming structure involuntarily destroyed or deteriorated to an extent of 75 percent or more of the structure’s appraised value immediately before the destruction or deteroriation shall lose its status as a legal nonconforming structure on the date the extent of damages reaches at least 75 percent. The structure may be restored, but only if made to conform to all applicable provisions of this Zoning Code.
2. Less Than 75 Percent. A nonconforming structure involuntarily damaged or deteriorated to an extent of less than 75 percent of the structure’s appraised value immediately before the destruction may retain is status as a legal nonconforming structure. The structure may be restored up to the original size, placement, and/or density that existed before the Chapter 18.92 Nonconforming Structures
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destuction or deterioration, but only if the reconstruction commences within 180 days after the date of the damage or catastrophe and is diligently pursued to completion.
B. Destruction or Deterioration D ue to Lack of Maintenance. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe due to lack of repairs or maintenance, it shall only be rebuilt, repaired, or restored in full compliance with all of the applicable regulations of the zone in which it is located. Destruction or damage to a nonconforming structure due to a lack of maintenance does not qualify as involuntary destruction or damage.
C. Provision of Evidence. The property owner shall provide sufficient evidence, to the satisfaction of the Director, that the subject use and/or structure is a legal nonconformity and that they have maintained the legal nonconforming status, did not cause the destruction or damage due to a lack of maintenance, and are entitled to the protections provided by this Article.
18.92.030 – Destroyed or Deteriorated Residential Structures A. Reconstruction or Replacement – Single-Family Dwellings. An involuntarily damaged or destroyed nonconforming single- family dwelling may be reconstructed or replaced with a new structure with the same footprint, including preexisting nonconforming setbacks, preexisting parking, and preexisting height in compliance with applicable Building Code and Fire Code requirements.
B. Reconstruction or Replacement – Multi-Family Dwellings. In compliance with Government Code Sections 65852.25 and 65863.4, an involuntarily damaged or destroyed nonconforming multi- family dwelling unit or structure, including a nonconforming mixed- use building containing both residential and non-residential uses, may be reconstructed or replaced with a new unit or structure with the same footprint, provided that the reconstruction or replacement complies with applicable Building and Fire Code requirements.
C. Time Limits for Reconstructions or Replacement of Residential Structures.
1. If a Building Permit is issued within one year following the date of involuntary damage or destruction, legal-nonconforming rights are maintained and the dwelling unit may be built to its original gross floor area; or
2. If a Building Permit is not issued within one year following the date of involuntary damage or destruction, the legal -nonconforming rights shall be deemed to have terminated. Any reconstruction or replacement shall be in full complianc e with all applicable provisions of this Zoning Code.
18.92.040 – Allowed Improvements and Expansions of Nonconforming Structures A. Residential Expansions. Any residential expansion shall conform to the current applicable Zoning Code development standards, with the following two exceptions:
1. One-car garages. Expansions of single-family dwellings and duplexes retaining only a one-car garage for each unit, allowed up to a maximum 1,000 square foot expansion of floor area. For purposes of this Subparagraph, a “maximum 1,000 square foot expansion” includes all ex pansions in the aggregate since the parcel or structure became nonconforming.
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2. Existing nonconforming side setbacks (three feet minimum). Existing nonconforming side setbacks of at least three feet are allowed to be extended to the rear of the dwelling for one-story expansions.
B. Addition of Accessory Structure. The addition of one accessory structure related to a conventional single-family dwelling, other than an accessory dwelling unit, where either the dwelling or the parcel is legal nonconforming, and provided that all new structures comply with all other applicable regulations of this Zoning Code.
C. Nonresidential Expansions. Expansions of nonresidential structures shall be allowed, where either the structure or the parcel is legal nonconforming, but only if the expansion is in full compliance with all applicable regulations of this Zoning Code.
18.92.050 – Repair and Alteration of Nonconforming Structures A nonconforming structure may only be maintained or improved in the following manner:
A. Maintenance and Repair. A nonconforming structure may be maintained and repaired.
Maintenance may only include repair work necessary to keep the structure in sound condition, but maintenance shall not include the replacement of a structure.
B. Structural Alteration. Subject to Section 18.92.020 above, structural alterations or reconstruction of legal nonconforming structures are allowable only in the following circumstances:
1. To reinforce unreinforced masonry structures , provided that the work is exclusively to comply with applicable earthquake safety standards;
2. To comply with current Building Code requirements, provided that the work is exclusively to comply with the current Building Code;
3. To improve the health and safety of the structure, as determined by the Building Official ; or
4. To reduce fire hazards, as determined by the Fire Chief.
Chapter 18.92 Nonconforming Structures
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Article 5 – Nonconformities Chapter 18.94
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Chapter 18.94 – Nonconforming Uses
Sections
18.94.010 – Continuation of Legal Nonconforming Uses
18.94.020 – Effect of Conditional Use/Minor Use Permit Requirements
18.94.030 – Expansion or Modification of Legal Nonconforming Uses
18.94.040 – Discontinuance of Legal Nonconforming Uses
18.94.010 – Continuation of Legal Nonconforming Uses
The continuance of a legal nonconforming use is allowed subject to all of the following:
A. Change of Ownership. Change of management, ownership, or tenancy of a nonconforming use shall not affect its nonconforming status; provided, the use and intensity of use, as determined by the Director, does not change.
B. Additional Development. Additional development of any property on which a nonconforming use exists shall require that all new uses and structures be in compliance with all of the applicable provisions of this Zoning Code.
C. Conversion of a Nonconforming Use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
D. Changes to a Nonconforming Use. If no structural al terations are made, a nonconforming use may be changed to another nonconforming use of an equal or more restrictive classification, as determined by the Director. Once changed, the nonconforming use may not be changed back to a nonconforming use of a less restrictive classification, as determined by the Director.
18.94.020 – Effect of Conditional Use/Minor Use Permit Requirements A. Absence of Conditional Use/ Minor Use Permit. A use lawfully existing without the approval of a Conditional Use Permit or Minor Use Permit that would be required by this Zoning Code shall be deemed conforming but only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation, etc.).
B. Previous Conditional Use/ Minor Use Permit in Effect. A use that was authorized by a Conditional Use Permit, Minor Use Permit, or other conditional entitlement, but is no longer allowed by this Zoning Code, may continue, but only in compliance with the original conditions of approval.
18.94.030 – Expansion or Modification of Legal Nonconforming Uses Any expansion or modification of a legal nonconforming use shall only be allowed in compliance with all applicable provisions of this Zoning Code.
Chapter 18.94 Nonconforming Uses
5-10 November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18
18.94.040 – Discontinuance of Legal Nonconforming Uses
A. Nonconforming Use. If a nonconforming use ceases or is abandoned or discontinued for a continuous period of 180 days or more, its legal nonconforming status is lost, and the continued use of the property shall be in full compliance with all of the applicable provisions of this Zoning Code.
B. Abandonment or Discontinuance. A nonconforming use shall be considered abandoned or discontinued when any one or more of the following occur for 180 days or more:
1. Abanonment or discontinuance of a use regardless of the owner's or occupant's intent to resume the use;
2. The intent of the owner to cease or discontinue is apparent, as determined by the Director;
3. Where characteristic furnishings and equipment associated with the use are removed and not replaced wi th equivalent furnishings and equipment, and where normal occupancy and/or use is no longer evident; or
4. Where there are no business receipts or utility charges or payments for the 180-day period.
C. Business License. Maintenance of a valid business l icense shall, in and of itself, not be considered a continuation of the nonconforming use.
D. Compliance with All Applicable Provisions Required. Absent further action by the City, any subsequent use of the land or structure shall comply with all applicable provisions of this Zoning Code.
Article 5 – Nonconformities Chapter 18.96
Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 5-11
Chapter 18.96 – Nonconforming Parcels
Sections
18.96.010 – Use of Legal Nonconforming Parcels
18.96.020 – Subdivision of Legal Nonconforming Parcels
18.96.030 – Merger of Nonconforming Parcels
18.96.010 – Use of Legal Nonconforming Parcels
A single nonconforming parcel that does not comply with the applicable area, depth, or width requirements of this Zoning Code is a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the property owner.
A. Approved Subdivision. The parcel was legally created by a recorded subdivision in compliance with Chapter 17.05 (Subdivisions) of Title 17 (Development); B. Individual Parcel Legally Created by Deed. The parcel is under single ownership and was legally created by a recorded deed before the effective date of the provision which made the parcel nonconforming;
C. Variance or Lot Line Adjustment. The parcel was approved through the variance procedure or resulted from a lot line adjustment; or
D. Partial Government Acquisition. The parcel was created in compliance with the provisions of the current Zoning Code or a prior version, but was made nonconforming when a portion was acquired by a governmental entity , provided that both of the following are true: (1) the parcel size was decreased not more than 20 percent ; and (2) the yard facing a public right -of-way was decreased not more than 75 percent.
18.96.020 – Subdivision of Legal Nonconforming Parcels
A subdivision of land (i.e., lot line adjustment, tentative parcel map, final parcel map, tentative subdivision map, or final subdivision map) that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel shall not be approved.
Chapter 18.96 Nonconforming Parcels
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Article 5 – Nonconformities Chapter 18.98
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Chapter 18.98 – Other Specific Nonconforming Provisions
Sections
18.98.010 – Nonconformities Regarding Landscaping
18.98.020 – Nonconformities Regarding Off-Street Parking and Loading
18.98.030 – Nonconformities Regarding Signs
18.98.010 – Nonconformities Regarding Landscaping
A. Use May Continue Indefinitely. Any lawfully created use that becomes nonconforming with regard to landscaping requirements, including, but not limited to, site coverage, parking lot coverage, distribution, installation, or maintenance, may continue indefinitely with the nonconformity as long as the use continues as permitted.
B. Improvements Exceeding 75 Percent. However, upon performing any improvements to the parcel of 75 percent or more of the total appraised value of the existing development of the property, landscaping shall be provided in compliance with Chapter 18.36 (Landscaping).
C. Landscaping Shall Be Improved to Maximum Extent Possible. Along with any change, expansion, or intensification of use, the landscaping shall be improved to the maximum extent possible.
18.98.020 – Nonconformities Regarding Off-Street Parking and Loading A. Parking Spaces and Improvements.
1. Any nonconformity with respect to off-street parking spaces or improvements may continue indefinitely, except that with any change, expansion, or intensification of use, the additional off-street parking required for the change, expansion, or intensification shall be provided in compliance with Chapter 18.38 (Off-Street Parking and Loading).
2. The only exception to this provision is found in Subsection 18.90.040 B.1.a, which allows retention of a one-car garage in certain specified circumstances.
B. Loading Spaces. Any nonconformity with respect to off -street loading areas may continue indefinitely, except that with any change, expansion, or intensification of use, the additional off- street loading areas required for the change, expansion, or intensification shall be provided in compliance with Chapter 18.38 (Off-Street Parking and Loading).
C. Parking Lot Landscaping. Upon a review for any expansion, intensification, or reconfiguration of an existing parking lot, the designated Review Authority may require that any nonconformity with respect to interior landscaping and landscaped yards along streets for parking lots be made to conform with the requirements specified in Chapter 18.38 (Off -Street Parking and Loading) to the fullest extent feasible.
Chapter 18.98 Other Specific Nonconforming Provisions
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18.98.030 – Nonconformities Regarding Signs
Legally established nonconforming signs shall be allowed to continue, subject to the compliance with Section 18.42.200 (Nonconforming Signs).
Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 6-i
Article 6 – Permit Processing Procedures
December 2023
Title 18 – Zoning Code
6 For use in Chapter Numbers
TABLE OF CONTENTS
Chapter 18.110 – General Provisions ------------------------------------------------------------ 6-1
18.110.010 – Purpose ----------------------------------------------------------------------------------------------------- 6-1
18.110.020 – Discretionary Permits and Actions -------------------------------------------------------------------- 6-1
18.110.030 – Additional Permits May Be Required ---------------------------------------------------------------- 6-3 Chapter 18.112 – Application Processing Procedures ------------------------------------ 6-5
18.112.010 – Purpose ----------------------------------------------------------------------------------------------------- 6-5
18.112.020 – Authority for Land Use and Zoning Decisions ----------------------------------------------------- 6-5
18.112.030 – Application Preparation and Filing -------------------------------------------------------------------- 6-6
18.112.040 – Application and Other Related Fees ----------------------------------------------------------------- 6-7
18.112.050 – Applicant Indemnification ------------------------------------------------------------------------------- 6-8
18.112.060 – Initial Review of Application ---------------------------------------------------------------------------- 6-8 Chapter 18.114 – Conditional and Minor Use Permits ------------------------------------ 6-11
18.114.010 – Purpose --------------------------------------------------------------------------------------------------- 6-11
18.114.020 – Applicability----------------------------------------------------------------------------------------------- 6-11
18.114.030 – Application Filing, Processing, and Review ------------------------------------------------------ 6-11
18.114.040 – Project Review, Notice, and Hearing -------------------------------------------------------------- 6-12
18.114.050 – Findings and Decision --------------------------------------------------------------------------------- 6-13
18.114.060 – Conditions of Approval -------------------------------------------------------------------------------- 6-13
18.114.070 – Permit to Run with the Land-------------------------------------------------------------------------- 6-13
18.114.080 – Post-Decision Procedures ---------------------------------------------------------------------------- 6-14 Chapter 18.116 – Off-Site Parking Permits ---------------------------------------------------- 6-15
18.116.010 – Purpose --------------------------------------------------------------------------------------------------- 6-15
18.116.020 – Intent ------------------------------------------------------------------------------------------------------- 6-15
18.116.030 – Administrative Off-Site Parking Permit Required ----------------------------------------------- 6-15
18.116.040 – Procedure for Granting Off-Site Parking Permits ----------------------------------------------- 6-16
18.116.050 – Conditions of Approval -------------------------------------------------------------------------------- 6-16
18.116.060 – Appeals --------------------------------------------------------------------------------------------------- 6-17
18.116.070 – Off-Site Parking Permit Requirements ------------------------------------------------------------ 6-17
18.116.080 – Post-Decision Procedures ---------------------------------------------------------------------------- 6-18 Chapter 18.118 – Reasonable Accommodation --------------------------------------------- 6-19
18.118.010 – Purpose --------------------------------------------------------------------------------------------------- 6-19
18.118.020 – Applicability----------------------------------------------------------------------------------------------- 6-19
18.118.030 – Application Filing, Processing, and Review ------------------------------------------------------ 6-20
18.118.040 – Review Authority ---------------------------------------------------------------------------------------- 6-21
18.118.050 – Review Procedures ------------------------------------------------------------------------------------ 6-21
18.118.060 – Findings and Decision --------------------------------------------------------------------------------- 6-22
18.118.070 – Rescission of Approval of Reasonable Accommodation -------------------------------------- 6-22
18.118.080 – Post-Decision Procedures ---------------------------------------------------------------------------- 6-23 Chapter 18.120 – Architectural Review -------------------------------------------------------- 6-25
18.120.010 – Intent ------------------------------------------------------------------------------------------------------- 6-25 Table of Contents Article 6 – Permit Processing Procedures
6-ii November 2023 Public Review Draft – Santa Clara Zoning Code, Title 18
18.120.020 – Architectural Review Process ------------------------------------------------------------------------ 6-25
18.120.030 – Minor Changes by Director --------------------------------------------------------------------------- 6-28
18.120.040 – Post-Decision Procedures ---------------------------------------------------------------------------- 6-28 Chapter 18.122 – Temporary Use Permits ---------------------------------------------------- 6-29
18.122.010 – Purpose --------------------------------------------------------------------------------------------------- 6-29
18.122.020 – Definition -------------------------------------------------------------------------------------------------- 6-29
18.122.030 – Applicability----------------------------------------------------------------------------------------------- 6-29
18.122.040 – Exempt Temporary Uses ------------------------------------------ Error! Bookmark not defined.
18.122.050 – Allowed Temporary Uses ------------------------------------------ Error! Bookmark not defined.
18.122.060 – Application Filing, Processing, and Review ------------------------------------------------------ 6-29
18.122.070 – Director’s Review --------------------------------------------------------------------------------------- 6-30
18.122.080 – Findings and Decision --------------------------------------------------------------------------------- 6-30
18.122.090 – Conditions of Approval -------------------------------------------------------------------------------- 6-31
18.122.100 – Condition of Site Following Temporary Use ------------------------------------------------------ 6-32
18.122.110 – Post-Decision Procedures ---------------------------------------------------------------------------- 6-32 Chapter 18.124 – Variances and Minor Modifications ------------------------------------ 6-34
18.124.010 – Purpose --------------------------------------------------------------------------------------------------- 6-34
18.124.020 – Applicability----------------------------------------------------------------------------------------------- 6-34
18.124.030 – Application Filing and Processing ------------------------------------------------------------------ 6-35
18.124.040 – Project Review, Notice, and Review --------------------------------------------------------------- 6-35
18.124.050 – Findings and Decision --------------------------------------------------------------------------------- 6-37
18.124.060 – Denial of Minor Modification-------------------------------------------------------------------------- 6-38
18.124.070 – Precedence ---------------------------------------------------------------------------------------------- 6-38
18.124.080 – Conditions of Approval -------------------------------------------------------------------------------- 6-38
18.124.090 – Post-Decision Procedures ---------------------------------------------------------------------------- 6-38 Chapter 18.126 – Zoning Clearances ----------------------------------------------------------- 6-39
18.126.010 – Purpose --------------------------------------------------------------------------------------------------- 6-39
18.126.020 – Applicability----------------------------------------------------------------------------------------------- 6-39
18.126.030 – Review Procedures ------------------------------------------------------------------------------------ 6-40
18.126.040 – Post-Decision Procedures ---------------------------------------------------------------------------- 6-40 Chapter 18.128 – Permit Implementation, Time Limits, and Extensions ----------- 6-42
18.128.010 – Purpose --------------------------------------------------------------------------------------------------- 6-42
18.128.020 – Conformance to Approved Plans ------------------------------------------------------------------- 6-42
18.128.030 – Effective Dates of Permits ---------------------------------------------------------------------------- 6-42
18.128.040 – Approvals Under the Permit Streamlining Act --------------------------------------------------- 6-43
18.128.050 – Performance Guarantees ----------------------------------------------------------------------------- 6-43
18.128.060 – Expiration ------------------------------------------------------------------------------------------------- 6-44
18.128.070 – Time Extensions ---------------------------------------------------------------------------------------- 6-45
18.128.080 – Changes to an Approved Project ------------------------------------------------------------------- 6-46
18.128.090 – Resubmittals --------------------------------------------------------------------------------------------- 6-47
18.128.100 – Condition Compliance Required -------------------------------------------------------------------- 6-48 Chapter 18.130 – Historic Preservation -------------------------------------------------------- 6-50
18.130.010 – Purpose --------------------------------------------------------------------------------------------------- 6-50
18.130.020 – Intent ------------------------------------------------------------------------------------------------------- 6-50
18.130.030 – Identification of HRI Properties ---------------------------------------------------------------------- 6-50
18.130.040 – HRI Property Designation ---------------------------------------------------------------------------- 6-51
18.130.050 – Property Alteration -------------------------------------------------------------------------------------- 6-53
18.130.060 – Demolition Permits ------------------------------------------------------------------------------------- 6-55
18.130.070 – HLC Referral for Projects Near HRI Properties ------------------------------------------------- 6-56
18.130.080 – Unsafe or Dangerous Conditions ------------------------------------------------------------------- 6-56 Article 6 – Permit Processing Procedures Table of Contents
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TABLES
Table 6-1 Review Authority ............................................................................................................ 6-5
Table of Contents Article 6 – Permit Processing Procedures
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Article 6 – Permit Processing Procedures Chapter 18.110
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Chapter 18.110 – General Provisions
Sections
18.110.010 – Purpose
18.110.020 – Discretionary Permits and Actions
18.110.030 – Additional Permits May Be Required
18.110.010 – Purpose
This Article establishes the overall structure for the application, processing, review, and action on discretionary permit applications and identifies and describes those discretionary permits and other approvals required by this Zoning Code in Table 6-1 (Review Authority).
18.110.020 – Discretionary Permits and Actions
Chapter 18.110 General Provisions
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Article 6 – Permit Processing Procedures Chapter 18.110
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2. Specific Plans. An action authorizing the review and adoption of a specific plan in compliance with the provisoins specified in Chapter 18.150 (Specific Plans).
18.110.030 – Additional Permits May Be Required
Chapter 18.110 General Provisions
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Article 6 – Permit Processing Procedures Chapter 18.112
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Chapter 18.112 – Application Processing Procedures
Sections
18.112.010 – Purpose
18.112.020 – Authority for Land Use and Zoning Decisions
18.112.030 – Application Preparation and Filing
18.112.040 – Application and Other Related Fees
18.112.050 – Applicant Indemnification
18.112.060 – Initial Review of Application
18.112.010 – Purpose
This Chapter provides procedures and requirements for the preparation, filing, and initial processing of the permit applications and approvals required or offered by this Zoning Code.
18.112.020 – Authority for Land Use and Zoning Decisions
Table 6-1
Review Authority
Type of Action Applicable
Code
Citation
Role of Review Authority(1)(2)
Director Planning
Commission Council
A. Administrative Permits and Actions
Architectural Review
Review of Single-Family Res. 18.120 Decision Appeal Appeal Review of All Other Items 18.120 Decision Appeal
Density Bonus for Affordable Housing 18.64 Decision Appeal Minor Modifications 18.124 Decision Appeal
Minor Use Permits 18.114 Decision Appeal
Off-Site Parking Permit 18.116 Decision Appeal
Reasonable Accommodation 18.118 Decision Appeal
Sign Permits/Comprehensive Sign
Programs
18.44 Decision Appeal
Temporary Use Permits 18.122 Decision Appeal
Zoning Clearances 18.126 Issuance Appeal
B. Quasi-Judicial Permits and Actions
Conditional Use Permits 18.114 Decision Appeal
Major Modifications 18.114 Decision Appeal
Minor Modifictions 18.114 Decision Appeal
Historic Preservation 18.130 Decision Decision Appeal
Variances 18.124 Decision Appeal
Chapter 18.112 Application Processing Procedures
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Table 6-1
Review Authority
C. Legislative Actions
General Plan Text/Map Amendments 18.142 Recommend Decision Specific Plans and Amendments 18.150 Recommend Decision Zoning Code Text/Zoning Map
Amendments
18.142 Recommend Decision
D. Subdivision Maps and Other Approvals
Tentative Maps, Final and Parcel Maps See Title 17 (Development), Chapter 17.05 (Subdivisions) Lot Line Adjustments, Mergers, and
Approvals
See Title 17 (Development), Chapter 17.05 (Subdivisions) Notes:
1. "Decision" means that the Review Authority makes the final decision on the matter; "Appeal" means that the Review Authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Chapter 18.144 (Appeals); “Issuance” means that the Review Authority may consider and grant the request in compliance with this Zoning Code; “Recommend” means that the Review Authority should provide preliminary review and forward input to the decision-making Review Authority for consideration.
2. Any Review Authority may defer action and refer the request to the next higher Review Authority level for consideration and final action. In cases where the Council is specified as the Review Authority, the Council shall be the final level of review.
18.112.030 – Application Preparation and Filing
a. Proposal is consistent with the General Plan.
b. Proposed use(s) are allowed within the zone in which they would be located.
Article 6 – Permit Processing Procedures Chapter 18.112
Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 6-7
4. Signed by Eligible Applicants. If the application is filed and the required fees are accepted, the application shall be signed by the applicant to the effect that the applicant was informed of the matters specified in Subparagraph B. 2., above.
18.112.040 – Application and Other Related Fees
Chapter 18.112 Application Processing Procedures
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18.112.050 – Applicant Indemnification
A. Applicant agreement. At the time of submitting an application for a discretionary land use approval, the applicant shall be deemed to have agreed as part of the application, to defend (with legal counsel of City ’s selection), indemnify, and hold harmless the City and its ele cted and appointed officials, agents, attorneys, employees and officers, from any action, claim or proceeding brought against the City or its elected and appointed officials, agents, employees and officers to attack, set aside, void, or annul a discretionary land use approval of the City, which action is brought within the applicable statute of limitations. The required indemnification shall include damages awarded against the City , if any, costs of suit, attorneys’ fees and other costs and expenses incurred in connection with the action.
B. City notification of applicant. In the event that an action, claim, or proceeding referred to in Subsection A., above is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding and the applicant shall cooperate fully in the defense of the action, claim, or proceeding.
C. City participation in defense. Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding if the City defends the action in good faith.
18.112.060 – Initial Review of Application
A. Determination of Completeness. Within the timelines prescribed by law, the Director shall review each application for completeness and accuracy before it is accepted as being complete. The Director's determination of completeness shall be based on the City's list of required application contents and any additional written instructions provided to the applicant in any preliminary review and/or during the initial application review period.
1. 2. Processing Schedule. Upon receipt of the fee and/or additional information, application processing shall begin and the applicant shall be sent a processing schedule with tentative dates for referrals, environmental review, and decision on the application.
3. Application Available for Public Review. After an application has been accepted as complete, in compliance with the Public Records Act, the City may, if requested, make the application available for public review.
4. Environmental Information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA guidelines.
Article 6 – Permit Processing Procedures Chapter 18.112
Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 6-9
5. Processing Timelines. When the Director determines that an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determinati on of completeness shall occur.
The time available to an applicant for submittal of additional information is limited by Subparagraph C., below.
B. Withdrawal or Return of Application. An application may be withdrawn and returned to the applicant if requested by the applicant.
C.
D. Referral of Application. At the discretion of the Director and where required by City, State, or Federal law, any land use application may be referred to any responsible public agency that may be affected by or have an interest in the proposed project.
b. Post-inspections. Following approval, the Director shall have access to the subject premises to confirm compliance with this Zoning Code and all conditions of permit approval.
F. Referral to Historical and Landmarks Commission. For development projects that require Architectural Review but that are not located on HRI (HRI) properties, if the project is located within 200 feet of an HRI property, then before submitting the application to the Director , the application shall first be referred to the Historical and Landmarks Commission (HLC). The HLC shall review the project for neighborhood compatibility and consistency with the City’s Design Guidelines, and make a recommendation to the Director.
Chapter 18.112 Application Processing Procedures
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Article 6 – Permit Processing Procedures Chapter 18.114
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Chapter 18.114 – Conditional and Minor Use Permits
Sections
18.114.010 – Purpose
18.114.020 – Applicability
18.114.030 – Application Filing, Processing, and Review
18.114.040 – Project Review, Notice, and Hearing
18.114.050 – Findings and Decision
18.114.060 – Conditions of Approval
18.114.070 – Permit to Run with the Land
18.114.080 – Post-Decision Procedures
18.114.010 – Purpose
A. Purpose. The purpose of this Chapter is to provide procedures for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and its surroundings cannot be determined before being proposed for a specific site.
B. Special Consideration. Certain types of land uses may require special conditions in a particular zone or physical location within the City because they possess unique characteristics or pres ent special challenges that make automatic inclusion as permitted uses either impractical or undesirable due to potential and unforeseeable effects on the surrounding area.
C. Intent. The Conditional and Minor Use Permit procedures are intended to provide sufficient flexibility in the use regulations to further the objectives of this Zoning Code and to provide the City with the opportunity to impose special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location.
18.114.020 – Applicability
Approval of a Conditional or Minor Use Permit is required to authorize proposed land uses specified by Article 2 (Zones, Allowable Uses, and Development Standards) as being allowable in the applicable zone when subject to the approval of a Conditional or Minor Use Permit.
18.114.030 – Application Filing, Processing, and Review A. Filing and Processing. An application for a Conditional and Minor Use Permit shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures).
B. Application Contents. The application shall include the information and materials specified in the most up-to-date Department handout for Conditional and Minor Use Permit applications, together with the required fee in compliance with the Fee Schedule.
C. Responsibility. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.114.050 (Findings and Decision), below.
Chapter 18.114 Conditional Use Permits and Minor Use Permits
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D. Initial Review. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.060 (Initial Review of Application).
E. Applicable Review Authority.
1. Minor Use Permits.
a. Except as provided in Subparagraph b below, Minor Use Permits shall be reviewed and either approved or denied by the Director.
b. The Director may choose to refer any Minor Use Permit application to the Planning Commission.
2. Conditional Use Permits. Conditional Use Permits shall be reviwed and either approved or denied by the Planning Commission.
18.114.040 – Project Review, Notice, and Hearing
Each application for a Conditional Use Permit and Minor Use Permit shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code.
A. Minor Use Permits. Before a decision on a Minor Use Permit is made, the City shall provide notice in compliance with Chapter 18.146 (Public Notices and Hearings), and as follows.
1. Notice Required.
a. The notice shall state that the Director will decide whether to approve, conditionally approve, or deny the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b. Any written request for a hearing shall be based on issues of significance directly related to the application (e.g., provision of evidence that the request cannot meet one or more of the findings specified in Section 18. 114.050 [Findings and Decision], below).
c. If the Director determines that the evidence has merit and can be properly addressed by a condition(s) added to the Minor Use Permit approval, the Director may consider the permit in compliance with Subparagraph 2. b., below.
2. Hearing.
a. A hearing before the Director shall be scheduled, noticed, and conducted in compliance with Chapter 18.146 (Public Notices and Hearings) if either of the following apply:
(1) If a public hearing is requested and the provisions of Subparagraph A . 1. c., above, do not apply; or
(2) The Director determines that a hearing would serve the public interest. b. In all other circumstances, the Director shall render a decision on the date specified in the notice referred to in Subparagraph A. 1. a., above.
Article 6 – Permit Processing Procedures Chapter 18.114
Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 6-13
3. Appeals. The Director’s decision is appealable, once only, to the Planning Commission in compliance with Chapter 18.144 (Appeals). No appeal may be taken from a Planning Commission decision on such an appeal.
B. Conditional Use Permits.
1. The Planning Commission shall conduct a public hearing on an application for a Conditional Use Permit before making a decision on the application.
2. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings).
3. The Planning Commission’s decision is appealable to the Council in compliance with Chapter 18.144 (Appeals).
18.114.050 – Findings and Decision
The Review Authority may approve or conditionally approve a Conditional or Minor Use Permit only after first making all of the following findings:
A. The proposed use is consistent with the General Plan and any applicable specific pl an; B. The proposed use is allowed within the subject zone and complies with all other applicable provisions of this Zoning Code and the City Code;
C. The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;
D. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare; and E. The subject site is:
1. Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and
2. Served by highways and streets adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate.
18.114.060 – Conditions of Approval
18.114.070 – Permit to Run with the Land
Chapter 18.114 Conditional Use Permits and Minor Use Permits
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18.114.080 – Post-Decision Procedures
Article 6 – Permit Processing Procedures Chapter 18.116
Public Review Draft – Santa Clara Zoning Code, Title 18 October 2023 6-15
Chapter 18.116 – Off-Site Parking Permits
Sections
18.118.010 – Purpose
18.118.020 – Applicability
18.118.030 – Application Filing, Processing, and Review
18.118.040 – Review Authority
18.118.050 – Review Procedures
18.118.060 – Findings and Decision
18.118.070 – Rescission of Approval of Reasonable Accommodation
18.118.080 – Post-Decision Procedures
18.116.010 – Purpose
Parking requirements for uses in all nonresidential and mixed-use zones may be satisfied on other parcels or sites through approval of an Off-Site Parking Permit in compliance with this Chapter. The Off-Site Parking Permit shall be obtained by the owner of the property providing the off-site parking, subject to satisfying the specific parking demands on his/her own site. It is a violation of this Zoning Code to operate a parking lot for off-site uses without first obtaining an Off-Site Parking Permi t and violators will be subject to the the enforcement provisions specified in Article 7.
18.116.020 – Intent
The intent of this Chapter is to establish a process for conditionally allowing off -site parking as a means to satisfy on-site parking requirements for any use in nonresidential and mixed- use zones. Off-site parking facilitates parking consolidation, and thereby may decrease the amount of impervious surfaces, increase space available for landscaping, and optimize land use efficiency. By allowing the flexibil ity to provide required parking off-site, this Chapter enables more efficient use of existing parking spaces, in concert with enabling nonresidential and mixed-use land uses to meet required peak parking demands.
18.116.030 – Administrative Off-Site Parking Permit Required All property owners, except the City, Sports and Open Space Authority, Housing Authority, Bayshore North Project Enhancement Authority, and Stadium Authority, who seek to provide parking on their parcel or site for a project or use located elsewhere, shall first obtain an Administrative Off-Site Parking Permit .
Applications for Off-Site Parking Permits shall include all of the following:
A. Aerial Photo(s). Aerial photo(s) illustrating the boundaries of the parcel or site generating th e parking demand and the parcel or site providing the off -site 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).
B. Site Plan. 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, signs, and light standards.
Chapter 18.116 Off Site Parking Permits
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C. Written Description. A written description of the off -site parking, which shall include, but not be limited to all of the following:
1. Days/hours of availability for off-site parking;
2. The term of the off-site parking availability (e.g., annual, until sale of property, etc.);
3. Responsible party for off-site parking management;
4. A written statement acknowledging that designated off-site parking spaces are exclusively for the benefit of of f-site uses, and are not available for concurrent use to meet on- site parking demand;
5. Description/count of parkinig spaces available under the Off-Site Parking Permit; and
6. Existing uses on the parcels or sites providing the off -site parking, and the associated parking requirement.
D. Fee. Application submittal fees in compliance with Section 18.112.040 (Application and Other Related Fees).
18.116.040 – Procedure for Granting Off-Site Parking Permits The procedure for granting Off-Site Parking Permits by the Director shall be administrative; provided, that all of the requirements of this Zoning Code are met. The Director may approve or conditionally approve a Off-Site Parking Permit only after first making all of the following findings:
A. The establishment or operation of the off -site parking, under the circumstances of the particular case, is essential or desirable to the public convenience or welfare;
B. The off-site parking will not be detrimental to any of the following:
1. The health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of the proposed off-site parking;
2. Property or improvements in the neighborhood of the proposed off-site parking; or
3. The general welfare of the City;
C. The off-site parking will not impair the integrity and character of the zone in which the site is located;
D. The off-site parking is in keeping with the purposes and intent of this Zoning Code ; and
E. Those sites providing parking for events at sports or e ntertainment venues located north of State Highway 101 are in compliance with the requirements of any City-adopted parking program for this area.
18.116.050 – Conditions of Approval
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18.116.060 – Appeals
In the event the applicant or others affected by the decision are not satisfied with the decision of the Director, within seven calendar days following the decision a written appeal may be made to the Planning Commission. In the event that there is any dissatisfaction with the action of t he Planning Commission, the applicant, others affected, or the Council may appeal the action to the Council, in compliance with the appeal provisions specified in Chapter 18.144 (Appeals).
18.116.070 – 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 all of the following requirements:
A. Conditions of Approval. All conditions of approval imposed on the approved Off -Site Parking Permit.
B. Adopted Parking Program. Off-Site Parking Permit s for sites providing parking for events at sports and entertainment venues located north of State Highway 101 shall comply with all requirements of any Council-adopted parking program for this area, including payment of any fees necessary to mitigate the costs affiliated with the parking program.
C. Chapter 18.38. All applicable provisions of Chapter 18.38 (Off-Street Parking Regulations and Design Standards).
D. Solid Waste and Recycling Receptacles. Solid waste and recycling receptacles shall be provided for use by individuals utilizing the off-site parking lot. Any solid 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.
E. Lighting. Adequate lighting facilities shall be provided and maintained on the off -site parking lot, consistent with the site pl an approved with the Off- Site Parking Permit application. Any lighting shall be directed and maintained so as not to interfere with persons using any public street or improvement, or unnecessarily with the use and enjoyment of any adjacent property.
F. Signs. The off-site parking lot shall not be used for advertising, unless otherwise allowed in an adopted parking program. A sign(s) 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 allowed 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 compliance with this Zoning Code. The maximum permissible signage shall be one sign per each entrance to the parking lot, with the maximum size of each sign not exceeding 12 square feet, excluding the temporary and permanent signs otherwise allowed for the primary use on the property and any temporary signs allowewd as a component of an adopted parking program.
G. Security. For special event parking, security may be required for the duration of the event.
H. Parking Lot Surfacing. The area reserved for parking and all vehicular and pedestrian access ways shall be appropriately surfaced and maintined to the satisfaction of the Director.
I. Landscaping. Existing site landscaping and landscape features, such as water features and sculptures, shall be maintained consistent with the requirements of this Zoning Code.
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J. Existing Nonconforming Conditions. For purposes of this Chapter, physical conditions on the site that are legally nonconforming with respect to current standards of the appli cable zone shall not be required to be rectified as a condition of permit approval.
18.116.080 – Post-Decision Procedures
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Chapter 18.118 – Reasonable Accommodation
Sections
18.118.010 – Purpose
18.118.020 – Applicability
18.118.030 – Application Filing, Processing, and Review
18.118.040 – Review Authority
18.118.050 – Review Procedures
18.118.060 – Findings and Decision
18.118.070 – Rescission of Approval of Reasonable Accommodation
18.118.080 – Post-Decision Procedures
18.118.010 – Purpose
A. Provides Procedures.
1. This Chapter provides a procedure to request Reasonable Accommodation for individuals with disabilities seeking equal access to housing under S tate and Federal law in the application of zoning laws and other land use regulations, policies, and procedures.
2. It is a further purpose of this Chapter to provide a procedure for individuals with disabilities to make requests for, and be provided, reasonable accommodation with respect to development standards, building regulations, rules, policies, practices, and/or procedures of the City, including land use and zoning regulations, when reasonable accommodation is warranted based upon substantial evidence.
B. Typical Adjustment. A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.
18.118.020 – Applicability
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(a) Impose an undue financial or administrative burden on the City; or
(b) Require a fundamental alteration in the nature of the City’s land use policies or zoning regulations.
18.118.030 – Application Filing, Processing, and Review A. Application. An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 18. 112 (Application Processing Procedures) . The application shall include the information and materials specified in the most up -to-date Department handout for Reasonable Accommodation applications, together with the required fee in compliance with the Fee Schedule. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.060 (Initial Review of Application) . The applicant shall sign the application under penalty of perjury , attesting to the accuracy of the application and all of the accompanying materials.
B. Filing with Other Land Use Applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (e.g., Architectural Review , Conditional Article 6 – Permit Processing Procedures Chapter 18.118
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Use Permit, etc.), the appli cant shall file the information required by Subsection A. (Application), above, together with the materials required for the other discretionary approval.
C. Responsibility of the Applicant. It is the responsibility of the applicant to provide evidence sufficient to support each of the findings required by Section 18. 118.060 (Findings and Decision), below.
18.118.040 – Review Authority
A. Director. A request for Reasonable Accommodation shall be reviewed, and a decision shall be made, by the Director if no approval is sought other than the request for Reasonable Accommodation.
B. Other Review Authority. A request for Reasonable Accommodation submi tted for concurrent review with another discretionary land use application shall be reviewed (and approved or denied) by the Review Authority reviewing the discretionary land use application.
C. Available Actions. The applicable Review Authority shall tak e one of the following actions regarding a request for Reasonable Accommodation:
1. Grant the Reasonable Accommodation request, based upon the findings s pecified in Section 18.118.060 (Findings and Decision), below;
2. Grant the Reasonable Accommodation request, subject to specified conditions;
3. Deny the Reasonable Accommodation request; or
4. Refer the determination of the Reasonable Accommodation request to the Planning Commission who shall render a determination on the application.
18.118.050 – Review Procedures
A. Review Authority.
1. For applications only for a request for Reasonable Accommodation, the Director shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 18.118.060 (Findings and Decision), below.
2. For applications for other permits accompanying a request for Reasonable Accommodation, the written decision on whether to approve, conditionally approve, approve with modifications, or deny the request for Reasonable Accommodation shall be made by the Review Authority responsible for reviewing the other discretionary land use permit application(s) in compliance with the applicable review procedure for the discretionary review. The decision to approve or deny the request for Reasonable Accommodation shall be made in compliance with Section 18. 118.060 (Findings and Decision), below.
B. Notice of City’s Intent. Upon submittal of a completed application for Reasonable Accommodation and subsequent to an application being deemed complete, the Department shall prepare a notice of City’s intent to approve, deny, or refer the Reasonable Accommodation r equest in compliance with this Chapter. The notice of City’s intent shall be prepared and disseminated as follows:
1. Content of Notice. The notice of City’s intent shall provide a detailed description of the subject property, the Reasonable Accommodation request, and the findings in compliance Chapter 18.118 Reasonable Accommodations
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with Section 18.118.060 (Findings and Decision), below. Additionally, the notice of City’s intent shall include information on the public comment period for the request.
2. Mailing of Notice. The notice of City’s in tent shall be mailed to the applicant and the property owner of record of the property that is the subject of the Reasonable Accommodation request, and all neighboring properties abutting the subject property within 30 days from the submittal of a completed application for Reasonable Accommodation.
C. Applicability. A Reasonable Accommodation request that is granted in compliance with this Chapter shall not, in and of itself, require the approval of a Variance. The Reasonable Accommodation shall be subject to the following provisions:
1. The Reasonable Accommodation shall only be applicable to a residential structure occupied by one or more individuals with a disability.
2. The Reasonable Accommodation shall only be applicable to the specific use for which an application is made.
3. The Reasonable Accommodation is subject to any and all Building Code permit and inspection requirements of the City and all other applicable zoning regulations and procedures.
4. The applicable Review Authority may impose additional conditions on the approval of a Reasonable Accommodation request that are consistent with the purposes of this Chapter.
18.118.060 – Findings and Decision
18.118.070 – Rescission of Approval of Reasonable Accommodation
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18.118.080 – Post-Decision Procedures
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Article 6 – Permit Processing Procedures Chapter 18.120
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Chapter 18.120 – Architectural Review
Sections
18.120.010 – Intent
18.120.020 – Architectural Review Process
18.120.030 – Minor Changes by Director
18.120.040 – Post-Decision Procedures
18.120.010 – Intent
The Council of the City of Santa Clara finds, determines and declares that in order to encourage the orderly and harmonious appearance of structures and property; maintain the public health, safety and welfare; maintain the property and improvement values throughout the City and to encourage the physical development of the City as intended by the General Plan ; there is hereby established the Architectural Review Process, as described in Section 18.120.020, below.
18.120.020 – Architectural Review Process
A. Review Authority. Architectural Review shall be the responsibility of the Director or designee ("Director").
B. Before Any Other Action. Before action is taken on any application for the issuance of a permit for any sign, building, structure, or alteration of the exterior of a structure in any zone, plans and drawings of the sign, building , or alteration shall be submitted, in such form and detail as the Director may prescribe.
C. No Public Hearing Required. The Director shall approve or deny the architectural design without a public hearing, unless the type of project is listed in Subsection D, below.
D. Public Hearing Required. The Director shall conduct a public hearing, titled the "Development Review Hearing," after providing notice in compliance with Chapter 18.146 (Public Notices and Hearings) for the following types of projects:
1. New or expanded single-family homes resulting in:
a. Five or more bedrooms;
b. Five or more bathrooms;
c. Two or more bedrooms with direct exterior access; or
d. A new second story or the expansion of an existing second story.
2. Residential parcel or subdivision maps and any associated development plans.
3. New multi-family developments of any size.
4. New freestanding non-residential development greater than 5,000 square feet in size.
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5. Modifications or additions to existing non- residential development, where the modification or addition is greater than 20,000 square feet in size.
6. Demolition or major alterations to properties on the City's Historic Resources Inventory (HRI).
7. Demolition of an existing structure, other than a non-habitable accessory structure.
8. Any other project not listed above that the Director determines should be considered at a public hearing.
E. Demolition Defined. For the purpose of this Chapter, "demolition" means removal of more than fifty percent of the exterior walls of a building.
1. A wall, or portion of a wall, is deemed "removed" when its structure is removed or moved to another location or elevation on site, when the wall is enclosed behind newly constructed space, or when the exterior siding of the wall is removed.
2. For the purposes of calculating the amount of exterior walls removed, the remaining exterior walls must be contiguous.
3. Removal and replication of framing and/or siding for purposes of repair only does not constitute removal or demolition.
F. Findings. In order to grant Architectural Review approval, the findings and determinations shall be that the proposed development, as specified in such plans and drawings to be approved, is based on the following standards of architectural design:
1. Any off -street parking areas, screening strips and other facilities and improvements necessary to secure the purpose and intent of this Zoning Code and the General Plan are a part of the proposed development;
2. The design and location of the proposed development and its relation to neighboring developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood, will not unreasonably interfere with the use and enjoyment of neighboring developments, and will not create traffic congestion or hazard;
3. The design and location of the proposed development is such that it is in keeping with the character of the neighborhood and is such as not to be detrimental to the harmonious development contemplated by this Zoning Code and the General Plan;
4. The granting of such approval will not, under the circumstances of the particular case, materially affect adversely the health, comfort , or general welfare of persons residing or working in the neighborhood of said development and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood; and
5. The proposed development as specified in the plans and drawings, are consistent with the set of more detailed policies and criteria for Architectural Review as approved and updated from time to time by the Council, which set shall be maintained in the Department. The policies and criteria so approved shall be fully effective and operative to the same extent as if written into and made a part of this Zoning Code.
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G. Director May Require Modification(s). The Director may require the applicant or owner of any such proposed development, as a condition to the approval of any such proposal, to modify buildings, parking areas, landscaping, signs, and other facilities and improvements deemed necessary to secure the purposes of this Zoning Code and the General Plan, and may require guarantees and evidence that such conditions will be complied with by the applicant.
H. Unable to Make Required Findings. If the Director is unable to make the findings and determinations prerequisite to the granting of A rchitectural Review approval in compliance with Subsection E. (Findings), above, the application shall be denied.
I. Decision Within 40 Days.
1. The Director shall render a decision on any application for Architectural Review approval within 40 days following a determination by the Department that the application is complete, except where the applicant consents to an extension of time.
2. Failure to render a decision within said period of 40 days and said period of extension consented to by applicant shall be deemed to be a decision of denial.
J. Review Authority’s Action Shall be Final. The granting of any Architectural Review approval, when conforming to the provisions of this Chapter, shall be final and conclusive, except in the event of an appeal and referral as hereinafter provided.
K. Appeals.
1. Single-Family Residential Project,
a. In the event the applicant or any interested party are not satisfied with the decision of the Director or designee for a single- family residential project, they may within seven days after such decision, appeal in writing to the Planning Commission, in compliance with the procedures specified Chapter 18.144 (Appeals).
b. In the event the applicant or any interested party are not satisfied with the decision of the Planning Commission for a single-family residential project, they may within seven days after such decision, appeal in writing to the Council, in compliance with the procedures specified in Chapter 18.144 (Appeals).
2. Other Than a Single-Family Residential Project.
a. For a project other than a single- family residential project, in the event the applicant or any interested party are not satisfied with the decision of the Director they may within seven days after such decision, appeal in writing to the Council, in compliance with the procedures specified Chapter 18.144 (Appeals).
b. Said appeal shall be taken by the filing of a notice in writing to that effect with the City Clerk.
3. Appeals Shall be H eard de Novo. All appeals of Architectural Review approvals will be heard de novo.
4. Director May Refer to the Council. The Director may refer any application for Architectural Review consideration to the Council for its decision with the same effect as if an appeal had been taken.
L. Following Action by Review Authority.
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1. No permit shall be issued, and no structure, building, or sign shall be constructed or used in any case hereinabove mentioned until such plans and drawings have been approved by the Director, or on referral to the Planning Commission or Council by the Director, and no appeal or review is pending and the time to appeal has expired.
2. In the event of an appeal by the applicant or others affected, or action to review is taken by the Planning Commission or Council, no such permit shall be granted until the matter has been finally acted upon and final approval has been received.
3. All signs, buildings, structures, and grounds shall be in compliance with the plans and drawings as finally approved.
M. On File With the Department. All approvals shall be on file with the Department.
N. Automatic Revocation. Any Architectural Review approval granted in compliance with the terms of this Zoning Code shall be automatically revoked and terminated if not used within two years of original grant or within the period of any authorized extensions thereof.
18.120.030 – Minor Changes by Director
18.120.040 – Post-Decision Procedures
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Chapter 18.122 – Temporary Use Permits
Sections
18.122.010 – Purpose
18.122.020 – Definition
18.122.030 – Applicability
18.122.040 – Exempt Temporary Uses
18.122.050 – Allowed Temporary Uses
18.122.060 – Application Filing, Processing, and Review
18.122.070 – Director’s Review
18.122.080 – Findings and Decision
18.122.090 – Conditions of Approval
18.122.100 – Condition of Site Following Temporary Use
18.122.110 – Post-Decision Procedures
18.122.010 – Purpose
The purpose of this Chapter is to allow for short-term activities that would be compatible with adjacent and surrounding uses when conducted in compliance with this Chapter.
18.122.020 – Definition
18.122.030 – Applicability
18.122.040 – Application Filing, Processing, and Review A. Filing. An application for a Temporary Use Permit shall be filed with the Department in the following manner:
1. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures) . The application shall include the information and materials specified in the most up- to-date Department handout for Temporary Use Permit applications, together with the required fee in compliance with the Fee Schedule.
2. The application shall be filed with the Department at least 30 days before the date that the proposed temporary use is scheduled to take place.
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3. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.060 (Initial Review of Application).
B. Evidence. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.122.080 (Findings and Decision), below.
C. Notice Requirements for Director’s Review of a Temporary Use Permit Application.
1. Notice shall be provided in compliance with Chapter 18.146 (Public Notices and Hearings), subject to the exceptions specified in this Subsection, and shall be mailed to all owners of real property as shown on the latest assessment rolls, located immediately adjacent (both sides, rear, and immediately across the street) to the parcel that is the subject of the application; and any other person(s) whose property may, in the judgment of the Director, be affected by the proposed pr oject at least 10 days before the date of the Director’s consideration and final decision as stated in the notice.
2. The mailed notice shall state that the Director will consider and decide whether to approve, conditionally approve, or deny the Temporary Use Permit application on a date specified in the notice.
3. The Director may defer action and refer any Temporary Use Permit request to the Commission for consideration and final decision.
18.122.050 – Director’s Review
A. Director’s Action. The Director may approve a Temporary Use Permit for a temporary use that would be operated in compliance with Section 18.122.090 (Conditions of Approval) below; or the Director may defer action and refer the application to the Planning Commission for review and final decision.
B. Referral of Application. Each Temporary Use Permit application shall also be referred, as needed, to the Building Official, Environmental Health Division, Fire Department, Police Department, Public Works D epartment, or their design ees, for their recommendations for approval, modification, conditions, or denial in compliance with their respective entitlements and regulations including but not limited to the following:
1. The Santa Clara Police Department shall review the applicant’s security and traffic plans or make a determination that no such plans are required.
2. The Santa Clara Fire Department shall review the applicant’s plans for any proposed fire control devices, tents and canopies, cooking equipment, pyrotechnics, and emer gency vehicle access.
3. The Building Division shall review any temporary electrical connections.
4. The applicant shall secure any necessary permits from the California Department of Alcoholic Beverage Control or shall certify that no alcohol sales will occur.
18.122.060 – Findings and Decision
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18.122.070 – Conditions of Approval
1. The temporary events shall be conducted in compliance with the applicable standards specified in Section 18.60.230 (Temporary Uses).
2. Furthermore, t he standards for parking, vehicle and delivery truck ingress and egress, structure setbacks, heights, landscaping requirements, and other structure an d property development standards that apply to the category of use or the zone of the subject property shall be used as a guide for determining the appropriate development standards for temporary uses. However, in approving the Temporary Use Permit , the D irector may authorize variation from the specific requirements as may be appropriate, so long as variations do not negatively impact abutting properties to an unacceptable level.
1. Fixed period of time;
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2. 18.122.080 – Condition of Site Following Temporary Use
18.122.090 – Post-Decision Procedures
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Article 6 – Permit Processing Procedures Chapter 18.124
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Chapter 18.124 – Variances and Minor Modifications
Sections
18.124.010 – Purpose
18.124.020 – Applicability
18.124.030 – Application Filing and Processing
18.124.040 – Project Review, Notice, and Review
18.124.050 – Findings and Decision
18.124.060 – Denial of Minor Modification
18.124.070 – Precedence
18.124.080 – Conditions of Approval
18.124.090 – Post-Decision Procedures
18.124.010 – Purpose
A. The Purpose of this Chapter is to Ensure That:
1. Variances and Minor Modifications are only approved when, because of special circumstances applicable to the property, the strict application of this Zoning Code denies the owner of the property privileges enjoyed by other property located nearby and in an identical zone; and
2. Specific findings are required and associated conditions are applied that would work together to guarantee that the Variance or Minor Modification shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located.
B. Limitations. This Chapter does not grant the authority to approve Variances and Minor Modifications which allow land uses not otherwise allowed in the zone.
18.124.020 – Applicability
A. Variances. The Planning Commission may approve a Variance that allows for any adjustment from any of the development standards required by this Zoning Code only after first making the findings specified in Section 18.124.050 (Findings and Decision), below.
B. Minor Modifications.
1. The Director shall have the authority to grant only the following Minor Modifications in compliance with this Chapter, and only after first making the findings specified in Section
18.124.050 (Findings and Decision), below:
a. Minor Modifications of the vehicle parking space and loading space requirements;
b. Minor Modifications of height, area, and yard regulations;
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d. Minor Modifications of other requirements of this Z oning Code not specifically required to be referred to the Planning Commission.
2. A Minor Modification shall in no event be deemed to be greater than 25 percent of the dimensions of an area, space, height, or other requirement provided for in this Zoning Code, and where the proposed alteration or variation exceeds 25 percent of any requirement, the modification shall be deemed to be a “Variance” and processed in compliance with this Chapter
3. In the performance of his/her duties, the Director may informally seek the advisory services of the City’s joint Project Clearance Committee, any advisory board or commission, or any department head in City government, including the City Manager, the City Attorney, and other elected or appointed officials.
4. Notwithstanding any other provision of this section, no minor modification shall be issued for any property in the Downtown zoning district. Any requested deviations from Code requirements must follow the procedure requirements from Deviation From Standards set forth in Chapter 18.13 (Downtown Form-Based Code).
18.124.030 – Application Filing and Processing
A. Filing. An application for a Variance or Minor Modification shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures).
B. Contents. The application shall include the information and materials specified in the most up- to- date Department handout for Variance or Minor Modification applications, together with the required fee in compliance with the Fee Schedule.
C. Evidence. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.124.050 (Findings and Decision), below.
D. Initial Review. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.060 (Initial Review of Application).
18.124.040 – Project Review, Notice, and Review
A. Review by Director. Each Variance and Modification application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Chapter.
B. Variances – Notice and Public Hearing Required. A public hearing shall be required for the Planning Commission’s decision on a Variance application.
1. Scheduling of hearing. The public hear ing shall be scheduled once the Director has determined the application complete.
2. Giving of notice. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings).
C. Minor Modifications.
1. No Notice Required. No notice shall be required for the Director’s action on a Minor Modification.
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2. Director May Defer. The Director may defer action and refer any Minor Modification request to the Commission for consideration and final decision.
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D. Appeals.
1. The Director’s decision on Minor Modifications is appealable to the Planning Commission in compliance with Chapter 18.144 (Appeals) . No appeal may be taken from a Planning Commission decision on such an appeal.
2. The Planning Commission’s decision on a Variance is appealable to the Council in compliance with Chapter 18.144 (Appeals).
18.124.050 – Findings and Decision
A. Review Authority Actions. The applicable Review Authority shall approve or deny Variance and Minor Modification applications, and impose conditions deemed reasonable and necessary to preserve the public convenience, health, interest, safety, or welfare, and necessary to make the findings required by this Section.
B. Decision. The Review Authority shall record the decision in writing and shall recite the findings upon which the decision is based.
C. Required Variance Findings. The Review Authority may approve a Variance applicat ion only after first making all the following findings:
1. There are special circumstances or conditions applicable to the subject property or existing buildings (e.g., location, shape, size, surroundings, topography, or other physical features) that do no t apply generally to other properties in the vicinity under an identical zoning classification;
2. Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;
3. Approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; and
4. Granting the Variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the subject property in question.
D. Required Minor Modification Findings. The Review Authority may approve a Minor Modification application only after first making all the following findings:
1. The site characteristics and/or existing improvements make strict adherence to the Zoning Code requirements impractical or infeasible;
2. Granting the Minor Modification will result in development compatible and consistent with the adjoining properties and the immediate neighborhood;
3. Granting the Minor Modification will be in conformance with the intent and purposes of the zone for the property; and
4. There are no significant adverse impacts from the proposed Minor Modification or any adverse impacts have been mitigated.
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18.124.060 – Denial of Minor Modification
The Review Authority decision to deny a Minor Modification application shall not prohibit or affect the right of the applicant to file an application for a Variance in compliance with Subsection 18.12 4.020 A. (Variances), above.
18.124.070 – Precedence
Each application shall be reviewed on an individual case-by-case basis and the approval of a prior Variance or Minor Modification is not admissible evidence for the approval of a new Variance or Minor Modification.
18.124.080 – Conditions of Approval
In approving a Variance or Minor Modification application, the applicable Review Authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 18.124.050 (Findings and Decision), above.
18.124.090 – Post-Decision Procedures
The procedures and requirements in Chapter 18.128 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Variance or Minor Modification application.
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Chapter 18.126 – Zoning Clearances
Sections
18.126.010 – Purpose
18.126.020 – Applicability
18.126.030 – Review Procedures
18.126.040 – Post-Decision Procedures
18.126.010 – Purpose
Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure complies with the list of uses allowed in the applicable zone and the development standards applicable to the use or structure.
18.126.020 – Applicability
A Zoning Clearance shall be required at the time of the Director's review of any of the following:
A. Initiation of a Land Use. A Zoning Clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure.
B. Building Permit, Grading Permit, or Other Construction Permit.
1. A Zoning Clearance shall be obtained before the City issues a new or modified Building Permit, Grading Permit, or other construction- related permit required for the alteratio n, construction, modification, moving, or reconstruction of any structure.
2. Before a Building Permit may be issued for any structure in a development requiring Architectural Review in compliance with Chapter 18.120, the Building Inspector shall make a determination that the proposed structure is in compliance with the approved Architectural Review.
C. Change of Use.
1. Whenever a use is proposed to be changed from a use for which a Zoning Clearance has been issued, whether or not the new use involves a new lessee, operator, or owner, a new Zoning Clearance shall be obtained.
2. A Zoning Clearance shall also be required for a proposed change of use even if the lessee, operator, or owner of the previous use did not pr eviously file for or receive a Zoning Clearance.
D. Issuance of Business License. A new Zoning Clearance shall be obtained before issuance of a City Business License in compliance with SCCC Title 5 (Business Licenses and Regulations).
E. Compliance with Off-Street Loading Standards, per Code Section 18.38.070.
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F. Ministerial ADU Approval on Single -Family Parcels. The City shall ministerially approve the construction of certain accessory dwelling units (ADUs) meeting the requirements set forth in Section 18.60.020 through the issuance of Zoning Clearance on any single- family residential parcel.
G. Ministerial ADU Approval on Multi -Family and Mixed-Use Parcels. The City shall ministerially approve certain ADUs meeting the requirements set for th in Section 18.60.020 through the issuance of Zoning Clearance on any multi-family residential or mixed-use parcel.
H. Accessory Uses. As an addition to an allowed primary use located on the site where only Zoning Clearance and no Minor Use Permit or Con ditional Use Permit is required, as determined by the Director per Code Section 18.60.030.
I. Tasting Incidental to a Retail Establishment. Tasting of beer, wine, or spirits incidental to the retail sales of goods and merchandise is allowed, with Zoning Clearance approval, if the use meets all of the requirements set forth in Code Section 18.60.040.
J. Home Occupations, per Code Section 18.60.120.
K. Outdoor Dining and Seating Areas of 24 seats or fewer, per Code Section18.60.140.
L. Reverse Vending Facilit ies meeting the objective standards of Table 4- 2, Code Section
18.60.180.
M. Vehicle Service Station conversions, per Code Section 18.60.220.
N. Wireless Telecommunications Facilities exempt from discretionary permit requirements, per Code Section 18.66.030.
18.126.030 – Review Procedures
A. Zoning Clearance. Uses of land that are allowed by right in a zone require the issuance of a Zoning Clearance. and are called "permitted uses". Zoning Clearances shall first be reviewed and issued by the Director, in consultation with the City Fire Marshall, Public Works Department, and County Environmental Health Department. These Zoning Clearances are necessary to confirm compliance with all applicable City laws and regulations before the issuance of a Building Permit, or the initiation of an activity where no Building Permit is required.
C. Director’s Responsibility. The Director shall issue the Zoning Clearance after first determining that the request complies with all Zoning Code provisions applicable to the proposed land use or structure.
D. Form of Approval. An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.
18.126.040 – Post-Decision Procedures
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Article 6 – Permit Processing Procedures Chapter 18.128
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Chapter 18.128 – Permit Implementation, Time Limits, and Extensions
Sections
18.128.010 – Purpose
18.128.020 – Conformance to Approved Plans
18.128.030 – Effective Dates of Permits
18.128.040 – Approvals Under the Permit Streamlining Act
18.128.050 – Performance Guarantees
18.128.060 – Expiration
18.128.070 – Time Extensions
18.128.080 – Changes to an Approved Project
18.128.090 – Resubmittals
18.128.100 – Condition Compliance Required
18.128.010 – Purpose
This Chapter provides requirements for the implementation or "exercising" of the permits or approvals required or offered by this Zoning Code, including time limits and procedures for approving extensions of time.
18.128.020 – Conformance to Approved Plans
A. Compliance. All work performed under a Building Permit for which project drawings and plans have received approval by the Director, Planning Commission, or Council shall be in full compliance with the approved drawings and plans, and any conditions of approval imposed by the applicable Review Authority.
B. Changes. Changes to an approved project shall be submitted and processed in compliance with Section 18.128.080 (Changes to an Approved Project), below.
18.128.030 – Effective Dates of Permits
A. Approvals, Permits, and Variances.
1. Decisions ona a Reasonable Accommodation, Temporary Use Permit, and Zoning Clearance shall become effective immediately following its approval/issuance.
2. Decisions on a Architectural Review, Conditional Use Permit, Minor Modifications, Minor Use Permit, or Variance shall become effective on the eighth calendar day following the actual date the decision was rendered by the applicable Review Authority, unless an appeal is filed in compliance with Chapter 18.144 (Appeals) prior to the effective date.
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B. General Plan and Specific Plan Adoption and Amendments. Council actions to adopt or amend the General Plan or a specific plan by resolution s hall become effective on the 31st day following adoption of the resolution by the Council.
C. Issued on the Effective Date.
1. Permits, certificates, and/or other approvals shall not be issued until the effective date specified in Subsections A. (Approvals, Permits, and Variances) and B. (Plans/ Amendments), above; provided, that no appeal of the Review Authority's decision has been filed, in compliance with Chapter 18.144 (Appeals).
2. Public Resources Code Sections 21167- 21167.8, inclusive, specify the applicable time constraints for CEQA compliance. Failure by the applicant to comply with all applicable CEQA time constraints places the burden on the applicant for being responsible for all associated risks.
18.128.040 – Approvals Under the Permit Streamlining Act A. Applicable Provisions. Any application deemed approved by operation of law in compliance with Government Code Section 65956(b) shall be subject to all applicable provisions of this Zoning Code, which the applicant must fully satisfy before a Building Permit is issued or a land use not requiring a Building Permit is exercised or established.
B. Public Hearing. The application shall be deemed approved only if the application received proper notice in compliance with Chapter 18.146 (Public Notices and Hearings ) and Government Code Section 65956(b).
18.128.050 – Performance Guarantees
A. Security.
1. As a condition of approval of a n Architectural Review , Conditional Use Permit, Minor Modification, Minor Use Permit, Reasonable Accommodation, Temporary Use Permit, or Variance, upon a finding that the City's health, safety, and welfare warrant, the Review Authority may require the execution of a covenant
and/or the provision of security in an amount sufficient to ensure the faithful performance of one or more of the conditions of approval of the permit in the event that the obligor fails to perform.
2. The applicant/owner may offer to provide adequate security for the faithful performance of a condition(s) of approval imposed as part of the approval process if the Director , in his or her sole discretion, determines that the condition(s) may be implemented at a later specified date (e.g., inability to install required landscaping due to weather conditions).
3. The security shall be in the form of a letter of credit or a corporate security bond, on a form acceptable to the City Attorney, or cash or a certified or cashier's check.
4. The amount of security shall be sufficient to fully cover the cost of satisfying the condition, as determined by the Director. The Director may require the applicant to submit one or more estimates and similar financial data to establish such cost.
5. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director, in conjunction with the City Engineer, where applicable.
6. Security required in compliance with this Section shall be payable to the City .
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B. Release of Security. Upon satisfactory compliance (as determined by the Director) with all applicable provisions of the conditions specified in the approval/perm it, the security shall be released.
C. Failure to Comply.
1. Upon failure to perform any secured condition(s), the City may perform the condition, or cause it to be done, and may collect from the obligor all costs incurred, including administrative, engine ering, legal, and inspection costs, including any additional costs exceeding the security, and measurable costs for administration.
2. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.
18.128.060 – Expiration
A. Expiration of Permit or Approval. Unless otherwise specified in the permit or approval, all permits and approvals for projects not subject to the Subdivision Map Act shall comply with the following expiration provisions.
1. Shall Be Exercised.
a. To ensure continued compliance with the provisions of this Zoning Code, the permit or approval shall be exercised within 24 months following the effective date, unless, by conditions of the permit or approval, a different (either greater or lesser) time is prescribed, or the permit or approval shall be deemed void, unless an extension is approved by the applicable Review Authority, in compliance with Section 18.128.070 (Time Extensions), below.
b. If after construction commencement, work is discontinued for more th an six months, the permit or approval shall expire and be deemed void.
2. Allowable Phasing.
a. Where the permit or approval provides for development in two or more phases or units in sequence, the permit shall not be approved until the Review Authority has approved the final phasing plan for the entire project site.
b. Pre-approved phases.
(1) If a project is to be built in pre- approved phases, each subsequent phase shall have 2 4 months from the previous phase's date of construc tion commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit or approval . If the second or later phase does not commence within 24 months, the permit or approval for that phase and all subsequent phases shall expire and be deemed void.
(2) If the application for the permit or approval also involves the approval of a tentative map, the phasing shall be consistent with the tentative map.
3. Shall Be Exercised before Expiration. A permit or approval shall be exercised before its expiration. The permit or approval shall not be deemed exercised until the applicant has:
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a. Obtained a Building Permit and continuous on- site construction activity including pouring of foundations, installation of ut ilities, or other similar substantial improvement has commenced and diligently pursued toward completion; or
b. Obtained a Grading Permit and has completed a significant amount of on- site grading, as determined by the Director, in preparation for the work described in Subsection a., above.
B. Effect of Expiration. Where the permit or approval has expired and/or has been deemed void:
1. No further action is required by the City;
2. No further reliance may be placed on the previously approved permit or approval;
3. The applicant shall have no rights previously granted under the permit or approval;
4. The applicant shall file a new application(s), together with all required fees, and obtain all required approvals before construction can commence or an allowable use may be implemented; and
5. Any security provided by the applicant under the previously approved permit or approval may be used by the City to provide suitable protection from any harm that may result from the terminated development.
18.128.070 – Time Extensions
A. Director’s Action to Extend.
1. The Director shall have the authority to extend the period specified in Section 18.128.0 60 (Expiration), above, for up to two additional 12-month periods.
2. The applicant’s written request for an extension of time shall be on file with the Department at least 30 days before expiration of the permit or approval, together with the filing fee required by the Fee Schedule.
3. Public hearing not required.
a. A public hearing shall not be required for the Director’s decision on an extension of time.
b. However, the Director may conduct a public hearing in compliance with Chapter
18.146 (Public Notices and Hearings) if deemed appropriate by the Director.
B. Director Denies Extension. In the event the Director denies the request for extension, the applicant may appeal the decision in compliance with Chapter 18.144 (Appeals).
C. Required Findings. An extension of the permit or approval may be granted only if the Director first makes all the following findings:
1. There have been no changes in circumstances or law that would preclude the Director from making the findings upon which the original approval was based; and
2. Appropriate evidence has been provided by the applicant to document that the extension is required due to a hardship that was not the result of personal action(s) undertaken by the applicant.
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D. Further Extensions. An application for an extension of the permit or approval more than 48 months following the original date of approval (original 24 months plus up to two additional 12- month periods) shall be treated as a new application which shall be filed in compliance with Chapter
18.112 (Application Processing Procedures).
E. Further Extensions – Data Centers. For Data Center Uses, the Director may grant up to five additional 12-month extensions beyond the original 48-month approval period (original 24 months plus up to two additional 12-month periods) if Silicon Valley Power has not guaranteed the availability of power to the site.
F. Not a Matter of Right. The granting of an extension of a discretionary permit or approval is not a matter of right and the Review Authority may deny the application or grant the application subject to new or different conditions.
18.128.080 – Changes to an Approved Project
A. Application.
1. Shall be In Compliance With the Approved Drawings and Plans, A development or new land use allowed through a Architectural Review , Conditional Use Permit, Minor Modification, Minor Use Permit, Reasonable Accommodation, Temporary Use Permit, Variance, or an approved PD zoned project shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the Review Authority, except where changes to the project are approved in compliance with this Section.
2. Request Desired Changes In Writing. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reason(s) for the change(s).
3. Type of Changes Allowed. Requested changes may involve changes to one or more conditions imposed by the Review Authority or actual changes to the operation, use, or physical characteristics of the project (e.g., hours of operation, expansion of a use) as originally proposed by the applicant or approved by the Review Authority.
4. Shall First be Approved by Review Authority. Changes shall not be implemented until first approved by the applicable Review Authority in compliance with this Section, and may be requested either before or aft er construction or establishment and operation of the approved use.
B. Notice and Hearing, If Required.
1. If the original matter required a noticed public hearing, the Review Authority shall hold a public hearing, except for the minor changes outlined bel ow (See Subsection C. - Minor Changes by Director ), and shall give notice, in compliance with Chapter 18.146 (Public Notices and Hearings).
2. If the original matter did not require a noticed public hearing, the Review Authority shall not be required to hold a public hearing.
C. Minor Changes by Director. The Director may authorize minor changes to an approved permit’s site plan, architecture, or the nature of the approved use only if the changes:
1. Are consistent with the applicable General Plan land use designation and all applicable provisions of this Zoning Code and the spirit and intent of the original approval.
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2. Do not involve a feature of the project that was:
a. A basis for findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the project;
b. A basis for conditions of approval for the project; or
c. A specific consideration by the Review Authority (e.g., the Direc tor, Planning Commission, or Council) in granting the permit or approval.
3. Do not involve any expansion or intensification of the use in terms of residential density, Floor Area Ratio, or reduction of required commercial Floor Area Ratio in the case of mixed use projects.
4. Would not result in a significant effect on the environment.
5. Would not be materially detrimental to other properties or land uses in the area.
D. Major Changes. All other changes would be considered m ajor changes and would include changes to the project involving features specifically described in Subsections C. 2. through 5. (Minor Changes by Director ), above, and shall only be approved by the original Review Authority through a new application, processed in compliance with this Zoning Code.
E. An Approved PD Zoned Project. Changes to an approved PD zoned project that meets the requirements for a minor change shall be processed in compliance with Subsection C. , while a project that meets the requirements for a m ajor change shall be processed in compliance with Subsection D.
18.128.090 – Resubmittals
A. Resubmittal after Denial with Prejudice. Except as otherwise provided in Subsection B., below, the following shall apply to resubmittals after a denial with prejudice:
1. The Director may reject an application for a discretionary planning permit, or amendment, on the grounds that one or more similar applications for the same site have been denied in the past two years (den ial with prejudice), or that another cause exists for limiting the refiling of the application.
2. For a period of 12 months following the actual date of denial with prejudice by the Director, Planning Commission , or Council, or, if appealed, the actual d ate of denial by the applicable Review Authority considering the appeal, of a discretionary planning permit or amendment, no application for the same or substantially similar planning permit or amendment shall be filed for the same site, or any portion thereof.
B. Changed Conditions; New Evidence; Mistake . Notwithstanding Subsection A ., above, the Director may allow a resubmittal based on one or more of the following findings:
1. New evidence material to a revised decision will be presented that was unavailable or unknown to the applicant at the previous hearing(s) and that could not have been discovered in the exercise of reasonable diligence by the applicant.
2. The surrounding area has been rezoned or a major change in the area has taken place since the previous hearing(s), which materially affects the applicant's real property.
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3. A mistake was made at the previous hearing(s) that was a material factor in the denial of the previous application.
C. Resubmittal after Denial without Prejudice. There shall be no limitation on subsequent applications for a site where a project was denied without prejudice.
D. Director's Determination, Appeal.
1. The Director shall determine whether a new application is for a planning permit or amendment that is th e same or substantially similar to a previously approved or denied permit or amendment, and shall either process or reject the application in compliance with this Section.
2. The Director's determination may be appealed to the Planning Commission, in compliance with Chapter 18.144 (Appeals).
18.128.100 – Condition Compliance Required
A. Full Understanding and Acceptance. The applicant, upon receipt of the approved copy of the permit with attached conditions, shall execute an Acknowledgment and Acceptance of Conditions agreement with the City, certifying full understanding and acceptance of the final conditions of approval.
B. Signed and Dated. The applicant shall return the Acknowledgment and Acceptance of Conditions agreement to the Department, properly signed and dated, within 30 days following the date of the Acknowledgement.
C. Appeal. If the applicant wishes to appeal any or all the final conditions of approval, the applicant shall file an appeal within five days following the actual date the decision was rendered by the applicable review authority in compliance with Chapter 18.144 (Appeals).
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Article 6 – Permit Processing Procedures Chapter 18.130
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Chapter 18.130 – Historic Preservation
Sections:
18.130.010 – Purpose
18.130.020 – Intent
18.130.030 – Identification of HRI Properties
18.130.040 – HRI Property Designation
18.130.050 – Property Alteration
18.130.060 – Demolition Permits
18.130.070 – HLC Referral for Projects Near HRI Properties
18.130.080 – Unsafe or Dangerous Conditions
18.130.010 – Purpose
The purpose of this Chapter is to promote the identification, protection, enhancement , and perpetuation of buildings, structures , and properties within the City that reflect special elements of the City’s social, economic, historical, archaeological, architectural, engineering, cultural, natural, or aesthetic heritage.
18.130.020 – Intent
This Chapter shall be known as the Santa Clara Historic Preservation Ordinance.
18.130.030 – Identification of HRI Properties
A. In order to carry out the goals and policies of the General Plan, and to further the purposes of this Chapter, a list of architecturally or historically significant resources shall be maintained as Appendix
8.9 of the General Plan. This list shall be known as the Historic Resource Inventory (HRI).
B. In order for a property to be placed on the HRI following the adoption of this Chapter, an historic resource survey (DPR 523A) shall be prepared by a qualified consultant in compliance with the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation:
Professional Qualifications Standards. Properties evaluated in an historic resource survey that meet the designation criteria specified in Subsection 18.130.040 A. (Designation Criteria) may be added to the HRI by the Council after consideration and recommendation by the Historical and Landmarks Commission (HLC).
C. The HRI shall be kept on file in the Department, subject to review and update by the HLC and th e Council as deemed necessary. Because the HRI is an appendix to the General Plan, the City shall amend the General Plan on a regular basis to update the HRI to reflect recent Council decisions on designation.
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18.130.040 – HRI Property Designation
A. Designation Criteria. For purposes of this Chapter, a building, structure, object, or site is eligible for inclusion in the HRI if it meets all of the following designation criteria:
1. Age. A building, structure, object, site, or district that is 50 years of age or older may qualify as an HRI property if it meets other designation criteria. If a property proposed for inclusion is less than 50 years of age, sufficient time must have passed to obtain a scholarly perspective on the events or individuals associated with the property, and/or the property proposed for inclusion is a distinctive or important example of its type or style;
2. Retains Historic Integrity. A building, structure, object, site, or district must maintain integrity to be considered eligible for listing on the City’s inventory as an HRI property.
Integrity refers to a resource’s ability to convey its significance by the retention of a property’s visual and physical characteristics and its surroundings. If a property proposed for inclusion was moved to prevent demolition at its former location, it may still be considered eligible for listing as an HRI property if the new location is compatible wit h the original character of the property; and
3. Appendix 8.9. The property proposed for inclusion falls within one or more of the following categories, as these terms are defined in Section 8.9.2 of Appendix 8.9 of the General Plan (Criteria for Local Significance):
a. Historical or cultural significance;
b. Architectural significance;
c. Geographic significance; or
d. Archaeological significance.
B. Initiation of Designation.
1. Designation of a property proposed for inclusion on the HRI may be initiated by any of the following parties:
a. Owner(s) of the property proposed for inclusion or authorized representative of the owner(s);
b. Historical and Landmarks Commission; or
c. Council.
2. If designation is initiated by the owner(s), an application for designation shall be made to the Department through submittal of the prescribed application form accompanied by a nonrefundable filing fee as specified in the Fee Schedule. The Department shall establish what supporting documentation shall accompany the application, including, but not limited to, State of California DPR 523 series forms or other HRI forms as may be approved by the State.
3. At the time of submission of an applicat ion for designation, the owner(s) or authorized representative of the owner(s) shall provide written consent for the designation process to the City.
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4. The application shall indicate the parameters of the property proposed for inclusion, specifying any related structures or landscape that is to be included for consideration and an evaluation of the property’s conformance with the applicable criteria.
5. If designation is initiated by the HLC or the Council, the Department shall notify the owner(s) of the property by certified mail within 90 days of the initiation and request written consent from the owner. If the owner does not consent to the designation application, the designation procedure shall not proceed.
6. Applications f or designation of a property proposed for inclusion on the HRI shall be agendized for review by the HLC within 60 days from the date the application is deemed complete.
C. Approval of Permits When Designation is Pending. Except as provided in Section 18.130.080 (Unsafe or Dangerous Conditions ), no Building Permit, Demolition Permit , or other permit that would result in a major alteration of the property shall be issued for any property when a HRI designation application has been initiated with the Department as specified in Subsection B. (Initiation of Designation) until all hearings on the matter are concluded. Minor alterations and small projects may still be approved.
D. HLC Public Hearing.
1. The HLC shall conduct a public hearing on the application for designation in a timely manner.
2. Notice of the public hearing shall be provided in compliance with Chapter 18.146 (Public Notices and Hearings).
3. A staff report, including the supporting documentation as described in Subsection B. (Initiation of Designation) concerning the property proposed for inclusion shall be provided to the HLC. The report shall address the significance and integrity of the property proposed for inclusion as it relates to the designation criteria, provide other relevant information, and include a recommendation concerning the application and the basis therefor.
4. The HLC shall consider any evidence or input offered at the hearing. The HLC shall recommend to the Council approval, modification, or denial of the designation proposal.
E., Council Action. Following the HLC action, the Council shall take action on the request by resolution or other means determining whether the subj ect property is eligible for inclusion on the HRI.
F. Notice of Designation.
1. Following action by the Council, a copy of the findings shall be sent by first class mail to the owner(s) of the newly designated HRI property, and a notice of the designation, along with a legal description of the property, shall be recorded in the records of the County Recorder.
2. Failure to record with the County Recorder shall not invalidate a designation or any of the requirements of this Chapter.
G. Designation Repeal or Amendment.
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new information, the discovery of earlier misinformation or change of original circumstances, conditions, or factors that justified the designation.
2. If a repeal is approved by the Council, a notice shall be sent to the same persons and manner specified in Subsection F. (Notice of Designation).
18.130.050 – Property Alteration
A. Permit(s) Required for Alterations. No person shall make alterations to any HRI property without first obtaining the required permits or approvals from the Director, or the Review Authority specified in this Chapter.
1. A Significant Properties Alteration (SPA) Permit shall be required for alterations to an HRI property.
2. The addition of an accessory dwelling unit to an HRI property requires an SPA Permit.
3. For purposes of compliance with the California Environmental Quality Act (CEQA), an SPA Permit for a major alteration shall be considered a discretionary project under Section 15357 of the CEQA Guidelines.
B. Application for Significant Property Alteration (SPA) Permit.
1. The owner or authorized representative proposing alterations to an HRI property shall file a planning application with the Department, with the required supporting information, and any applicable filing fee in compliance with the Fee Schedule.
2. As soon as practicable after the application is deemed complete, the application for the SPA Permit shall be forwarded to the Director or HLC, as appropriate, for its review and recommendation.
C. Review Required for Alterations.
1. The Director shall approve or deny applications for SP A Permits for small projects as defined in this C hapter. The Director has the discretion to determine that any such application for a small project should instead be construed as a major alteration requiring review by the HLC and approval by the Director of Community Development.
2. The HLC shall review applications for SPA Permits proposed for major alterations and render a recommendation to the Director of Community Development.
3. Following review and recommendation by the HLC, applications for SPA Permits for major alterations shall be forwarded to the Director of Community Development , which shall approve or deny the application.
4. The Director or HLC may require supplemental information or reports as may be necessary for a complete review.
5. The Director may impose such reasonable conditions or restrictions as they deem necessary or appropriate on a case- by-case basis to promote or achieve the purposes of this Chapter.
6. Preventative maintenance, as defined in this Chapter, shall be excluded from the review process specified in this Section.
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7. The addition of an accessory dwelling unit to an HRI property shall be considered a major alteration if (A) the accessory unit would be attached to the main house and involve alterations to the exterior of the main house; (B) the HRI property is subject to a Mills Act contract; (C) the accessory dwelling unit would convert a garage that may be of a similar age and design to the main dwelling and contribute to the integrity of the HRI property; or (D) the Director makes a determination that the addition would be a major alteration. All other additions of accessory dwelling units shall be processed as small projects.
D. Findings Necessary to Approve SPA Permits. A decision to approve, approve with c hanges, and/or conditions, or deny the application for the SPA Permit shall be based upon the following findings.
1. The alterations shall be designed to the essential character, features, and defining elements that make the HRI property significant;
2. The project proposal shall not have a significant adverse effect on the integrity of the HRI property;
3. The alterations must be compatible with the existing structure or district; and
4. The alterations must be consistent with the Secretary of the Interior’s Treatment Standards.
E. Appeal Procedures.
1. In the event the applicant or other interested party is not satisfied with the permit or approval action permitted by this Section, the decision may be appealed. Such appeal shall be taken by the filing of a notice in writing to that effect with the City Clerk within seven calendar days after rendition of the decision, along with the payment of an appeal fee as specified in the Fee Schedule.
2. Appeals of the Director’s decisions shall be evaluated in the same manner as major alterations and shall be referred to the HLC for recommendation and the Council for decision.
F. Approval Expiration. Any approval granted under this Section shall remain valid for a period of two years following the date the action was taken by the Director or the applicable Review Authority.
The Director or Review Authority may at any time authorize extensions of time on any approval, without the need for any public heari ng, for a total period of 24 months following the original date of expiration.
G. Preventative Maintenance. The owner, lessee, or other person(s) in actual charge of an HRI property (“responsible party”) shall maintain and keep such property in a manner that ensures its continued eligibility for listing on the HRI. Care of the HRI property shall be undertaken so as not to constitute “demolition by neglect” and prevent deterioration, dilapidation, and decay of the historic fabric of any portion of the proper ty. The responsible party shall ensure that all HRI properties shall remain free from structural defects through prompt corrections of any of the following defects:
1. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls, or other vertical structural supports.
2. Members of ceilings, roofs, and roof supports or other horizontal members which sag, split, or buckle due to defective material or deterioration.
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3. Deteriorated or ineffective waterproof ing of exterior walls, roofs, foundations, or floors, including broken window glass or doors.
4. Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering.
5. Any fault or defect in the structure which renders it structurally unsafe or not properly watertight.
6. Minor mechanical systems in need of repair, not involving substantial removal of original interior or exterior building materials or features.
18.130.060 – Demolition Permits
A. Properties Not Listed on the HRI.
1. Upon receiving an application for a Demolition Permit for a property not listed on the HRI, the Department shall search the City permit system database to ascertain if the property is noted as “potentially historic” next to the assessor’s parcel number. If the property contains this notation, the Department shall make a determination as to whether an application should be referred to the HLC and Council for a determination as to whether the property is eligible for listing on the HRI. If no referral is made, the Demolition Permit may be approved or denied along with replacement plans by the Director.
2. For any such referral, the HLC and Council shall make an eligibility determination using the same criteria and process as a designation determination in compliance with Section
18.130.040 (HRI Property Designation), except that properties found to be eligi ble will not automatically be added to the HRI, unless the property owner requests that the property be listed. The owner shall be responsible for submitting the required documentation needed, including but not limited to a completed DPR 523A form so the C ity may make a determination on the referral of the property to the HLC or Council.
3. For properties the Council determines to be ineligible for listing on the HRI, the Council may approve or deny the Demolition Permit at the time of the eligibility determination. For properties the Council determines to be eligible for listing on the HRI, the Demolition Permit application shall follow the process in Subsection B. (HRI Properties and Eligible Properties).
B. HRI Properties and Eligible Properties.
1. An Environmental Impact Report shall be required for any application to demolish an HRI property or a property determined to be eligible for listing in compliance with Subsection A. (Properties Not Listed on the HRI).
2. The Demolition Permit application and Environmental Impact report shall be referred to the HLC for a recommendation on whether to grant, modify, or d eny the Demolition Permit application. The HLC recommendation shall be forwarded to the Council, which shall make a final decision on the application.
3. The HLC shall recommend approval of a Demolition Permit, and the Council shall approve a Demolition Permit, only if there are no viable alternatives for saving the property, and such alternatives have been fully addressed in an Environmental Impact Report.
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18.130.070 – HLC Referral for Projects Near HRI Properties A. For development projects that require Architectural Review but that are not located on HRI properties, if the project is located within 200 feet of an HRI property, then before submitting the application to the Director, the application shall first be referred to the HLC.
B. The HLC shall review the project for neighborhood compatibility and consistency with the City’s adopted Design Guidelines and make a recommendation to the Director.
18.130.080 – Unsafe or Dangerous Conditions
A. None of the provisions of this C hapter shall prevent the alteration, construction, reconstruction, restoration, stabilization, or demolition of an HRI property, or any exterior feature thereof, which the Building Official or designee has declared necessary to correct an unsafe or dangerous condition where there is a threat to public health and safety.
B. Only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed in compliance with this Subsection.
C. The California Historical Building Code shall be employed for this purpose at the request of the property owner.
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Article 7 – Zoning Code Administration
December 2023
Title 18 – Zoning Code
7 For use in Chapter Numbers
TABLE OF CONTENTS
Chapter 18.140 – Administrative Responsibility --------------------------------------------- 7-1 – Purpose ----------------------------------------------------------------------------------------------------- 7-1 – Planning Agency ------------------------------------------------------------------------------------------ 7-1 – City Council ------------------------------------------------------------------------------------------------ 7-1 – Planning Commission ----------------------------------------------------------------------------------- 7-2 – Community Development Director -------------------------------------------------------------------- 7-2 Chapter 18.142 – Amendments (General Plan, Zoning Code, and Zoning Map) -- 7-5 – Purpose ----------------------------------------------------------------------------------------------------- 7-5 – Initiation of Amendment --------------------------------------------------------------------------------- 7-6 – Project Review, Notice, and Hearing ---------------------------------------------------------------- 7-6 – Planning Commission Action on Amendments ---------------------------------------------------- 7-7 – Council Action on Amendments ----------------------------------------------------------------------- 7-7 – Effective Dates -------------------------------------------------------------------------------------------- 7-8 Chapter 18.144 – Appeals ---------------------------------------------------------------------------- 7-9 – Purpose ----------------------------------------------------------------------------------------------------- 7-9 – Appeal Subjects and Jurisdiction --------------------------------------------------------------------- 7-9 – Filing and Processing of Appeals ------------------------------------------------------------------- 7-10 – Calls for Review ----------------------------------------------------------------------------------------- 7-12 Chapter 18.146 – Public Notices and Hearings --------------------------------------------- 7-15 – Purpose --------------------------------------------------------------------------------------------------- 7-15 – Notice of Hearing --------------------------------------------------------------------------------------- 7-15 – Hearing Procedure ------------------------------------------------------------------------------------- 7-17 – Recommendation by Planning Commission ----------------------------------------------------- 7-17 – Decision and Notice ------------------------------------------------------------------------------------ 7-18 – Effective Date of Decision ---------------------------------------------------------------------------- 7-18 Chapter 18.148 – Specific Plans and Amendments ---------------------------------------- 7-21 – Purpose --------------------------------------------------------------------------------------------------- 7-21 – Intent ------------------------------------------------------------------------------------------------------- 7-21 – Applicability----------------------------------------------------------------------------------------------- 7-21 – Minimum Project Area --------------------------------------------------------------------------------- 7-21 – Initiation of Specific Plan ------------------------------------------------------------------------------ 7-22 – Project Review, Notice, and Hearing -------------------------------------------------------------- 7-22 – Adoption of Specific Plan ----------------------------------------------------------------------------- 7-22 – Amendment of Specific Plans ----------------------------------------------------------------------- 7-22 Chapter 18.150 – Permit Modifications and Revocations ------------------------------- 7-23 – Purpose --------------------------------------------------------------------------------------------------- 7-23 – Modifications --------------------------------------------------------------------------------------------- 7-23 – Revocations ---------------------------------------------------------------------------------------------- 7-23 – Findings to Modify or Revoke ------------------------------------------------------------------------ 7-23 Table of Contents Article 7 – Zoning Code Administration
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– Hearing and Notice Required ------------------------------------------------------------------------ 7-24 Chapter 18.152 – Enforcement Provisions ---------------------------------------------------- 7-25 – Purpose --------------------------------------------------------------------------------------------------- 7-25 – Permits and Approvals -------------------------------------------------------------------------------- 7-25 – Enforcement Responsibility -------------------------------------------------------------------------- 7-25 – Inspections ----------------------------------------------------------------------------------------------- 7-26 – Initial Enforcement Action ---------------------------------------------------------------------------- 7-26 – Recording Notice of Violation ------------------------------------------------------------------------ 7-27 – Violations ------------------------------------------------------------------------------------------------- 7-28 – Legal Remedies ----------------------------------------------------------------------------------------- 7-29 – Remedies Are Cumulative ---------------------------------------------------------------------------- 7-30 – Recovery of Costs -------------------------------------------------------------------------------------- 7-30 – Additional Permit Fees -------------------------------------------------------------------------------- 7-32 – Reinspection Fees -------------------------------------------------------------------------------------- 7-32 – Limitation of Actions Challenging Certain Decisions ------------------------------------------- 7-33 – Conclusive Notice -------------------------------------------------------------------------------------- 7-33
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Chapter 18.140 – Administrative Responsibility
Sections
– Purpose
– Planning Agency
– City Council
– Planning Commission
– Community Development Director
– Purpose
The purpose of this Chapter is to describe the authority and responsibilities of the City Council, Planning Commission, and Community Development Director in the administration of this Zoning Code.
– Planning Agency
The Planning Commission and the Community Development Director shall function as the Planning Agency and as the Advisory Agency, when so required or authorized, in compliance with Government Code Section 65100.
– City Council
The City Council, referred to in this Zoning Code as the Council, in matters related to the City's planning process shall perform the duties and functions prescribed in this SCCC Section 2. 10.020 ( Powers and Duties) and this Zoning Code, which include all of the following:
A. Review Authority on Specified Legislative Planning Matters. Final legislative decisions on development agreements and amendments, General Plan amendments, specific plans and amendments, Zoning Code amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or Zoning Code matters related to the City 's planning process.
B. Appeals. The review of appeals filed from Planning Commission and the Community Development Director decisions in compliance with Chapter 18.144 (Appeals).
C. Compliance. The above-listed functions shall be performed in compliance with Table 6-1 (Review Authority), Table 6-3 (Review Authority for Site Plan and Design Review), Title 17 (Subdivisi ons), and the California Environmental Quality Act (CEQA).
D. Imposition of Conditions. In making decisions on applications, the Council may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, the City Code standards that apply to development, and to further the public health, safety, and general welfare of the community.
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– Planning Commission
A. Establishment. The Planning Commission, referred to in this Zoning Code as the Planning Commission, is established in compliance with Sections 1006 and 1007 of the City Charter and SCCC Section 2.120.050 (Planning Commission).
B. Appointment. The Planning Commission shall consist of seven members who shall be appointed by the Council in compliance with SCCC Section 2.120.050 (Planning Commission).
C. Duties and Authority. The Planning Commission shall perform the duties and functions prescribed by Government Code Section 65000, SCCC Section 2.120.050 (Planning Commission) and this Zoning Code, specified in Subparagraphs 1 to 4 below. In addition, the Council may, from time to time by resolution, prescribe additional powers and duties not inconsistent with State Law .
1. The review of development projects, including referrals from the Community Development Director;
2. The review of appeals from the Community Development Director ’s decisions and the Community Development Director’s and Department staff’s determinations;
3. The recommendation, to the Council for final legislative decisions, on development agreements and amendments, General Plan amendments, specific plans and amendments, Zoning Code amendments, Zoning Map amendments, related CEQA environmental documents, and other applicable policy or regulatory matters related to the City's planning process; and
4. The above- listed functions shall be performed in compliance with Table 6 -1 (Review Authority), Table 6-3 (Review Authority for Site Plan and Design Review), and the California Environmental Quality Act (CEQA).
D. Meeting Notices and Conduct of Hearings . The Planning Commission shall conduct public hearings and meetings in compliance with SCCC Section 2.120.050 (Planning Commission) and Chapter 18.146 (Public Notices and Hearings).
E. Imposition of Conditions. In making decisions on applications, the Planning Commission may impose conditions it deems reasonable and necessary to implement the General Plan, any applicable specific plans, the City Code standards that apply to development, and to further the public health, safety and general welfare of the community.
F. Appeals. The Planning Commission shall review and decide appeals filed from Director decisions.
Decisions by the Planning Commission may be appealed to the Council subject to the provisions of Chapter 18.144 (Appeals).
– Community Development Director
A. Appointment. The Community Development Director, referred to in this Zoning Code as the Director or the Director’s designee.
B. Duties and Authority. The Director shall:
1. Have the responsibility to perform all of the functions designated by State law and SCCC Chapter 2.75 (Planning and Inspection Department);
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2. Perform the duties and functions prescribed in this Zoning Code, including compliance with Table 6- 1 (Review Authority), Table 6- 3 (Review Authority for Site Plan and Design Review), and the California Environmental Quality Act (CEQA);
3. Have the authority to defer action on an application and refer the request to the Planning Commission for consideration and final action;
4. Perform other responsibilities assigned by the Council , Planning Commission, or City Manager; and
5. Delegate the responsibilities of the Director to Department staff under the supervision of the Director.
C. Imposition of Conditions. In making decisions on applications, the Director may impose conditions the Director deems reasonable and necessary to implement the General Plan, any applicable specific plans, the City Code standards that apply to development, and to further the public health, safety and general welfare of the community.
D. Appeals. Depending on the type of approval, decisions made by the Director may be appealed to the Planning Commission or Council, subject to the requirments of Chapter 18.144 (Appeals).
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Chapter 18.142 – Amendments (General Plan, Zoning Code, and Zoning Map)
Sections
– Purpose
– Initiation of Amendment
– Project Review, Notice, and Hearing
– Planning Commission's Action on Amendment
– Council’s Action on Amendment
– Effective Dates
– Purpose
This Chapter provides procedures for the amendment of the General Plan, this Zoning Code, and the Official Zoning Map whenever the Council determines public necessity and general welfare require an amendment.
A. General Plan Amendments. The General Plan is the City's guiding land use policy document on which the Official Zoning Map is based, and the City shall strive to achieve substantial consistency between the two documents. Amendments to the General Plan shall be by resolution adopted by the Council, following noticed public hearings before the Planning Commission and Council.
B. Zoning Code Amendments. This Zoning Code specifies all the rules, regulations, and standards that serve to implement the General Plan. Amendments to this Zoning Code shall be by resolution adopted by the Council , following noticed public hearings before the Planning Commission and Council.
C. Zoning Map Amendments.
1. All land in the incorporated area of the City is classified into various zones . These zones are outlined on one or more of the City’s Official Zoning Maps. Article 2 (Zones, Allowable Uses, and Development Standards ) describes the uses of land that are allowed in each zone and Article 4 (Standards For Specific Land Uses ) describes the development standards applicable for each specific use.
2. A Zoning Map Amendment is a procedure involving an application to reclassify land to a different zone. If approved by the Council, it results in a change to the adopted Official Zoning Map. It is also common to process a General Plan Map Amendment together with a Zoning Map Amendment since the General Plan is the City 's guiding land use policy document which the Zoning Map is based on, and the City shall strive to achieve substantial consistency between the two.
3. Amendments to the Zoning Map shall be by resolution adopted by the Council, following noticed public hearings before the Planning Commission and Council.
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– Initiation of Amendment
A. Initiation. An amendment to this Zoning Code may be initiated:
1. By the Planning Commission or Council or as specified in Subsection B., below; or
2. By recommendation of the Director to clarify text, address changes mandated by State law, promote consistency with the General Plan, or for any other reason beneficial to the City .
B. General Plan or Zoning Map Amendments Only. In the case of the General Plan or the Zoning Map, an amendment may also be initiated by the filing of an amendment application with the Department by all of the owners or authorized agent(s)/representative(s) of the property owner(s) to be affected by the amendment, or the plaintiff in an action in eminent domain to acquire the subject property.
– Project Review, Notice, and Hearing
A. Application Filing and Processing.
1. If initiated by the filing of an amendment application in compliance with Subsection
18.142.020 B. ( General Plan or Zoning Map Amendments Only ), above, the application shall be processed in compliance with Chapter 18.112 (Application P rocessing Procedures).
2. The application shall include all of the information and materials specified in the most up- to-date Department handout for amendment applications, together with the required fee in compliance with the Fee Schedule.
3. Referrals to other agencies required.
a. General Plan Amendments. The Department shall send out referrals to all of the affected agencies for their review and comment in compliance with Governement Code Section 65352 (Referral of plans).
b. All Other Amendments. The Department shall send out referrals to all of the affected agencies for their review and comment.
B. Public Hearings Required. The Planning Commission and Council shall each conduct one or more public hearings regarding the amendment.
C. Notice of Hearings Required. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings).
D. Abandonment of Amendment Proceedings.
1. Withdrawn by Applicant. Upon the consent of the Planning Commission, any application for an amendment may be withdrawn upon the written application of a majority of the persons who signed the application.
2. Withdrawn by Review Authority. The applicable Review Authority may, by resolution, abandon any proceedings for an amendment initiated by its own resolution of intention; provided that the abandonment may be made only when the proceedings are before the subject Review Authority for consideration, and further provided that any hearing of which public notice has been given shall be held.
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– Planning Commission Action on Amendments
A. All Amendments. After the public hearing, the Planning Commission shall forward a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed amendment.
B. Recommendations on Zoning Code and Zoning Map Amendments. A recommendation for approval, approval in modified form , or denial of a Zoning Code or Zoning Map amendment shall require the affirmative vote of the majority of the entire membership of the Planning Commission.
In the event the Planning Commission is unable to reach agree ment on a recommendation, the amendment shall be forwarded to the Council with no recommendation.
C. Recommendations on General Plan Amendments. A recommendation for approval or approval in modified form of a General Plan amendment shall require the affirmative vote of the majority of the entire membership of the Planning Commission. In the event t he Planning Commission is unable to reach agree ment on a recommendation, the amendment shall be forwarded to the Council with a recommendation of denial.
– Council Action on Amendments
A. Approval.
1. All Amendments. Upon receipt of the Planning Commission's recommendation to approve, approve in modified form , or deny an amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the amendment.
2. Action on Zoning Code and Zoning Map Amendments. The action by the Council to approve the Planning Commission’s recommendation regarding a Zoning Code or Zoning Map amendment shall require the affirnative vote of the majority of the entire membership of the Council. In the event the Council is unable to reach agreement on a proposed Zoning Code or Zoning Map amendment, the amendment shall be deemed denied.
3. Action on General Plan Amendments. The action by the Council to approve the Planning Commission’s recommendation regarding a General Plan amendment shall require the affirmative vote of a majority of the entire membership of the Council, adopted by resolution, and shall be final and conclusive. In the event the Council is unable to reach agreement on a proposed General Plan a mendment, the amendment shall be deemed denied.
B. Referral to Planning Commission.
1. Council Referral for Further Study.
a. The Council may defer action on an amendment and instead request the Planning Commission to study and report on the proposed amendment.
b. Upon receipt of the request from the Council, the Planning Commission shall conduct the requested study at a public meeting.
c. If the Planning Commission fails to report back to the Council within a reasonable time period, in the Council’s sole discretion, the Council shall have the option of actin on the amendment without the Planning Commission’s recommendation on the amendment.
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2. Council Referral for Substantial Modifications to Previously Considered Amendments.
a. If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation.
b. The Planning Commission shall not be required to hold a public hearing on the referral.
c. Failure to Resppond – General Plan Amendments. If the Planning Commission fails to report back to the Council within 45 days after the referral of the General Plan amendment, or a longer period as may be designated by the Council, the Planning Commission’s inaction shall be treated as a recommendation for approval of the amendment in compliance with Government Code Sections 65356.
d. Failure to Resppond – Zoning Code and Zoning Map Amendments. If the Planning Commission fails to report back to the Council within a reasonable time period after the referral of a Zoning Code or Zoning Map Amendment, in the Council's sole discretion, the Council shall have the option of acting on the amendment without the Planning Commission's recommendation on the amendment.
– Effective Dates
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Chapter 18.144 – Appeals
Sections
– Purpose
– Appeal Subjects and Jurisdiction
– Filing and Processing of Appeals
– Calls for Review
– Purpose
This Chapter establishes procedures for the appeal of determinations and decisions rendered by the Director and Planning Commission.
– Appeal Subjects and Jurisdiction
A. Zoning Code Administration. The following determinations, and enforcement actions of the Director may be appealed to the Planning Commission, which shall serve as the final Review Authority for Director appeals:
1. Determinations. Any determination that a permit application or information submitted with the application cannot be accepted or is incomplete, in compliance with Government Code Section 65943; or
2. Enforcement Actions. Any enforcement action filed in compliance with Chapter 18.1 54 (Enforcement Provisions).
B. Planning Permit Decisions.
1. Director’s Decisions. Any decision of the Director may be appealed to the Planning Commission, which shall serve as the final Review Authority for appeals of the Director.
2. Planning Commission ’s Decisions. With the exception of appeals of Director’s Decisions, a ny decision of the Planning Commission may be appealed to the Council , which shall serve as the final Review Authority for appeals of the Planning Commission.
3. Appeals Regarding Architectural Reviews of Single-Family Residences.
a. The Planning Commission shall serve as the appeal body for all Director decisions on Architectural Reviews of single-family residences.
b. Notwithstanding paragraph 1, in the event that the Planning Commission decision is also appealed, the Council shall serve as the final Review Authority for all Planning Commission decisions on Architectural Reviews of single- family residences.
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4. Appeals Regarding All Other Arch itectural Reviews. The Council shall serve as the final Review Authority for all Director decisions on all other Architectural Reviews.
5. No Further Appeals are Available. No further appeals ae available.
C. CEQA Decisions.
1. Any CEQA determination of the Director may be appealed to the Planning Commission, which shall serve as the final Review Authority for appeals of the Director. Further appeals to the Council are not permitted.
2. Subject tp Subparagraph 1., any CEQA determination of the Planning Commission may be appealed to the Council, which shall serve as the final Review Authority for appeals of the Planning Commission.
– Filing and Processing of Appeals
A. Eligibility to Appeal.
1. Any interested person or agency may appeal a Director decision that did not involve a public hearing.
2. A decision at a public hearing may be appealed by any interested party who, in person or through a representative identified as such, appeared at a public hearing in connection with the decision being appealed, or who informed the City in writing of the nature of their concerns before the hearing.
B. Timing and Form of Appeal. An appeal shall be submitted in writing and shall specifically state the pertinent facts and the basis for the appeal.
1. The pertinent facts and the basis for the appeal shall includ e, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous Review Authority in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record.
2. The appeal shall be filed with the Department or City Clerk, as applicable, within seven days following the actual date the decision was rendered .
a. An appeal addressed to the Planning Commission shall be filed with the Department; and
b. An appeal addressed to the Council shall be filed with the City Clerk.
3. The appeal shall be accompanied by the filing fee identified in the Fee Schedule.
a. The appeal fees are established to cover the cost of the following items as are required for the particular case: field investigation; preparation of necessary reports; preparation of site maps; mailing notices; printing and posting notices and legal publications.
b. These fees, no part of which shall be refundable, shall be paid to the Department or City Clerk, as applicable, at the time the appeal is filed.
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presented with the appeal petition. The verification shall be signed before a notary public or other officer authorized to administer oaths.
5. Once an appeal is filed, any approval of the subject project is stayed until the appeal is processed and a final decision is rendered by the applicable Review Authority.
C. Scope of Planning Permit Appeals.
1. An appeal of a decision on a planning permit shall be limited to issues raised at the public hearing, or in writing before the hearing, which are part of the record, or information that was not a part of the record at the time of the decision that is being appealed.
2. For purposes of this Section , the record consists of all correspondence, minutes, reports, transcripts, written and oral testimony at the public hearing, and any other document s or evidence considered or relied upon by the Review Authority in the decision -making process.
D. Report and Scheduling of Hearing.
1. When an appeal has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate Review Authority identified in Section 18.1 44.020 (Appeal Subjects and Jurisdiction), above, in most circmstances within 60 days of the filing of the appeal , although the Director may take up to 120 days in extenuating circumstances.
2. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings).
3. Any interested party may appear and be heard regarding the appeal.
E. Decision.
1. The appeal of any planning permit is heard de novo. During the appeal hearing, the issues that may be raised and considered by the Review Authority are not limited to those raised by the appellant, and may include any aspect of the proposed project, whether or not originally considered as part of the decision being appealed. The Review Authority may:
a. Affirm, affirm in part, vacate, modify, or reverse the action, determination, or decision that is the subject of the app eal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Zoning Code; and
b. Adopt additional condi tions of approval, which may address issues or concerns other than the subject of the appeal.
2. If new or different evidence is presented on appeal, the Planning Commission or Council may refer the matter to the Director, Planning Commission, or another board or commission as applicable, for further consideration.
3. In the event of a tie vote by the Review Authority on an appeal, the decision being appealed shall stand.
4. Provision of Notice of Decision.
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a. Following the final decision on an appeal of a permit or other approval required by this Zoning Code, the City shall provide notice of its final decision to the appellant, applicant, property owner/owner’s representative, and to any person who specifically requested notice of the City’s final action.
b. The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.
F. Effective Date of Appeal Decisions.
1. For appeals of Architectural Review of single-family residences to the Planning Commission, if no appeal of the Planning Commission’s decision is received within seven days, the Planning Commission’s decision will become final at the end of the seventh day.
2. For all other appeals, the Review Authority's decision on an appeal shall be effective immediately.
G. Multiple Appeals Prohibited in Most Circumstances. Except for appeals of Architectural Review approvals for single-family residences, once a Review Authority issues a decision, no appeal from that decision may be taken.
– Calls for Review
A. Planning Commission or Council Review.
1. Planning Commission. The Planning Commission may call for a review of any determination or decision rendered by the Director or Department Staff.
2. Council. The Council may call for a review of any determination or decision rendered by the Planning Commission, Director, or Department Staff.
3. Majority Vote Required. A Call for Review may only commence by the affirnative vote of the majority of the entire membership of the Review Authority.
B. Process for Calling for a Review.
1. Initiation by Planning Commissioners. One or more Planning Commissioners may initiate a Call for Review of a Director’s determination or decision by filing a written request with the Department before the effective date of the action, which unless otherwise specified by this Zoning Code, means within seven days following the date of the determination or decision.
2. Initiation by Council Members.
a. One or more Council members may initiate a Call for Review of a Planning Commission’s or Director’s determination or decision by filing a writt en request with the City Clerk before the effective date of the action, which unless otherwise specified by this Zoning Code, means within sevaen days following the date of the determination or decision.
b. The Council may call for the review of a Director’s determination or decision directly, or may direct the Planning Commission to first consider the matter and provide a written recommendation to the Council.
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3. Consideration of Call for Review. The Planning Commission or Council, as applicable, shall consider the Call for Review at its next regularly scheduled meeting. This action need not be noticed as a public hearing.
4. Requests for Verbatim Transcript. If by its action the Planning Commission or Council requests a verbatim transcript of the prior hearing, a copy shall be made available for inspection by any interested party. No fees shall be required for the transcript.
5. Vote by Review Authority. If the Planning Commission or Council, as applicable, votes to grant the review of the determination or decision, a subsequent review hearing shall be scheduled to consider the merits of the review.
6. Notice to Applicant. If the Review Authority is reviewing the decision of a discretionary application, the applicant shall be informed of th e aspects of the application and the determination or decision that the Review Authority will consider.
7. Effect of Call for Review.
a. A request for a C all for Review by a member of a Review Authority shall stay the effective date of a determination or decision until the Review Authority can make a decision on whether to grant the Call for Review request.
b. The timely filing of a Call for Review does not extend the time in which an appeal of a determination or decision shall be filed. The normal appeal period shall continue to run in compliance with Subsection 18.144.030 B. (Timing and Form of Appeal), above.
c. If the Review Authority decides to grant the Call for Review of the subject determination or decision, then the previous determination or decision shall continue to be stayed until such time as the Review Authority issues a decision on the merits.
d. If the Review Authority decides to not grant the Call for Review of the subject determination or decision, then the determination or decision s hall become final when the Review Authority declines the request, unless the appeal period has not expired.
8. Filing of an Appeal Pending a Call for Review.
a. Right to File an Appeal. Any person may file a timely appeal in compliance with this Chapter even though a Call for Review has been filed in compliance with this Section.
b. Effect of Filing an Appeal. The filing of the appeal shall serve to protect the rights of the appellant(s) in the event the Call for Review is subsequently withdrawn or rejected.
9. Withdrawal or Failure of a Call for Review. If a request for a Call for Review is withdrawn after filing, or is rejected, the remaining days of the Call for Review period shall start from the date on which the Call for Review is withdrawn or is rejected.
10. Notice and Public Hearing.
Chapter 18.144 Appeals
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a. A Call for Review hearing on the merits shall be a public hearing if the original determination or decision required a public hearing. No public hearing is required for the initial decision on whether to grant a Call for Review.
b. If a public hearing is required under Subparagraph a., notice of the public hearing shall be the same as the original determination or decision, in compliance with Chapter 18.146 (Public Notices and Hearings).
c. The public hearing shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings).
11. Fees Not Required. Fees shall not be required in conjunction with the filing of a Call for Review.
12. Required Votes. The final action calling for review of a determination or decision shall require an affirnative vote of the majority of the entire membership of the Review Authority.
C. Concurrent Planning Commission Recommendations. When the Planning Commission makes a recommendation to the Council on a legislative matter (e.g., General Plan amendment, specific plan or amendment, Zoning Code amendment, or Zoning Map amendment), any concurrent companion decision(s) by the Planning Commission on an approval, permit, or Variance, or other non-legislative land use permit application concerning, in whole or in part, the same property shall automatically be deemed to be timely called up for review by the Council.
Article 7 – Zoning Code Administration Chapter 18.146
Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 7-15
Chapter 18.146 – Public Notices and Hearings
Sections
– Purpose
– Notice of Hearing
– Scheduling of Hearing
– Hearing Procedure
– Recommendation by Planning Commission, Action by Council – Decision and Notice
– Effective Date of Decision
– Purpose
This Chapter provides procedures for public hearings required by this Zoning Code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this Chapter.
– Notice of Hearing
When this Zoning Code requires a public hearing before a decision on a permit or for another matter, the public shall be provided notice of the hearing as required by this Chapter.
A. Content of Notice. Notice of a public hearing shall include all the following information, as applicable.
1. Hearing Information. The date, time, and place of the hearing and the name of the Review Authority; a brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public’s right to appear and be heard); and the phone number, email address, and street address of the Department where an interested person could call, email, or visit to obtain additional information.
2. Project Information. The name of the applicant; the City's file number assigned to the application; a general ex planation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.
3. Statement on Environmental Document. If a Negative Declaration, Mitigated Negative Declaration, or Final Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the hearing notice shall include a statement that the Review Authority will also consider the proposed Negat ive Declaration, Mitigated Negative Declaration, or the Final Environmental Impact Report, as applicable.
B. Method of Notice Distribution. Notice of a public hearing required by this Chapter for a planning permit, amendment, appeal, or other approval shall be given as follows.
Chapter 18.146 Public Notices and Hearings
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1. Mailing for a Hearing Before the Director or Planning Commission - With a Public Hearing. Notice shall be mailed, postage prepaid, or delivered at least 10 days before the scheduled hearing date to all of the following. If mail ed, the n otice shall be deemed delivered two days after being mailed.
a. Project Site Owner(s) and the Applicant. The owner(s) of the property being considered in the application or the owner’s authorized agent, the applicant (at the addresses designated on the application), and any appellant(s).
b. Local Agencies – Only For Development Agreements, General Plan Amendments, and Specific Plans and Amendments . Each local agency expected to provide roads, schools, streets, water, wastewater collection, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected.
c. Affected Owners.
(1) All Public Hearings – 300 feet . Except as otherwise provided in Subparagraph c. (2), below, all owners of real property, as shown on the latest tax assessor’s records , located within a radius of 300 feet of the exterior boundaries of the property that is the subject of a public hearing.
The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. (2) Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection c. (1)., above is greater than or equal to 1,000, the Director may choose instead to provide a one- eighth page newspaper advertisement in one newspaper of general circulation within the City.
d. Persons Requesting Notice. Any person who has filed a written request for notice with the Director and has paid the required fee to cover the cost of this mailing.
e. Exceptions to the 10-day Notice Provision, The only exceptions to the 10- day notice provision shall be for Off-Site Parking Permits and Temporary Use Permits which shall only require a 24-hour notice.
2. Alternative Notice for the Director’s Decision - Without a Public Hearing. If approval is by the Director without a public hearing, the following requirements shall apply:
a. Except as otherwise provided in Subparagraph b., notice shall be given by electronic notice only to the owner/applicant and the abutting property owners (i.e., abutting and across the street).
b. Notice is not required to be given to abutting property owners in applications for minor modifications to permits where there are no significant issues, as determined by the Director.
c. A newspaper notice is not required.
d. A notice of Architectural Review decisions by the Director without a public hearing shall also be posted on the City’s website at the same time notice is provided to the owner/applicant.
Article 7 – Zoning Code Administration Chapter 18.146
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3. Publication.
a. Publication for Development Agreements, General Plan Amendments, and Specific Plans . Notice of a public hearing for a development agreement, development agreement amendment , General Plan amendment, or specific plan shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing date.
b. No publications shall be required for approvals not listed in Subparagraph a.
4. Posting Notices. Notices of public hearing shall be posted as follows:
a. For development agreements, at least one additional paper notice shall also be posted on the project site, fronting on an improved public street.
b. Each paper notice shall be headed by the word "Notice," in letters not less than one inch in height.
c. The person posting the notices shall file a Certificate of Posting together with a copy of the notice with the City Clerk.
d. The notice shall be posted in at least three public places.
e. All notices shall be posted at least five days, but 10 days for development agreements, before the public hearing.
f. A notice of all public hearings shall also be posted on the City’s website. .
4. Additional Notice. In addition to the types of notice required above, the Director may provide any additional notice with content or using a distribution method as the Director determines is necessary or desirable.
5. Errors. Any substative defect or error appearing in any notice shall not divest the Director, Planning Commission, or Council of jurisdiction nor invalidate any proceedings.
– Hearing Procedure
A. Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.
B. Continued Hearing. Any hearing may be continued from time to time without further notice; provided, the chair of the Review Authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
C. Deferral of Final Decision. The Review Authority may announce a tentative decision and defer their action on a final decision until appropriate findings and/or conditions have been prepared. – Recommendation by Planning Commission
A. Recommendation to the Council. After a public hearing on a proposed amendment to the General Plan, this Zoning Code, the Zoning Map, or the adoption or amendment of a specific plan, the Department shall forward the recommendation and findings of the Planning Commission to the Council.
Chapter 18.146 Public Notices and Hearings
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B. Recommendation to the Applicant. The recommendation and findings shall be mailed to the applicant at the address shown on the application.
– Decision and Notice
A. Decision.
1. The Review Authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 18.14 6.040 (Hearing Procedure), above.
2. For any formal action by the applicable Review Authority, the affirmative vote of the majority of the entire membership of the Review Authority shall be required.
3. Except as otherwise provided in this Zoning Code, t ie votes of the Review Authority shall result in no action by the Review Authority.
4. At the conclusion of a hearing conducted by the Director , the Director may instead refer the matter to the Planning Commission for review and final decision. Such a referral shall not constitute an appeal, and the resulting decision of the Planning Commission may be appealed to the Council.
5. All decisions shall be in writing and, if required by law, shall contain written findings.
B. Notice of Decision.
1. Provision of Notice. Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final action to the applicant and to any person who specifically requested notice of the City’s final action.
2. Contents of Notice. The notice of the final decision shall contain applicable findings (only if any such findings were required) , conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.
3. Delivery of Notice. The notice of the final decision shall be delivered by electronic notice, with a courtesy copy sent via U.S.P.S., but only if requested by the applicant.
– Effective Date of Decision
A. Director’s or Planning Commission ’s Decision. Subject to Chapter 18.144 ( Appeals), the decision of the Director or Planning Commission is final and effective after 5:00 p.m. on the seventh day following the actual date the final decision is rendered if no appeal of that decision has been filed in compliance with Chapter 18.144 (Appeals).
B. Council’s Decision.
1. Adopted by Ordinance. A decision of the Council adopted by ordinance is final and shall become effective on the 31st day following the date the ordinance is adopted by the Council, unless otherwise provided in the adopting ordinance. For example, an ordinance adopted on October 1
st will be effective on October 31st.
2. Adopted by Resolution.
Article 7 – Zoning Code Administration Chapter 18.146
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a. A legislative decision of the Council adopted by resolution is final and shall become effective on the 31st day following the date the resolution is adopted by the Council, unless otherwise provided in the adopting resolution.
b. All other resolutions adopted by the Council are final and shall be effective on the date the decision is rendered.
3. Contingent on Future Date o r Event. Notwithstanding Subparagraphs 1. and 2., t he Council may take a final action and make it contingent on a future date or event.
Chapter 18.146 Public Notices and Hearings
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Article 7 – Zoning Code Administration Chapter 18.148
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Chapter 18.148 – Specific Plans and Amendments
Sections
– Purpose
– Intent
– Applicability
– Minimum Project Area
– Initiation of Specific Plan
– Project Review, Notice, and Hearing
– Adoption of Specific Plan
– Amentment of Specific Plan
– Purpose
The purpose of this Chapter is to provide a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with Government Code Section 65450 et seq. or as that section may be amended or replaced from time to time.
– Intent
A. General Plan Implementation. After the Council has adopted the General Plan, or any amendment, the City may, or as directed by the Council, shall prepare specific plans for the implementation of the General Plan.
B. Adopted by Resolution. A specific plan adopted by resolution shall take precedence ov er the development standards and guidelines identified in the General Plan. – Applicability
A. Specific Plan – When Required. When required by the General Plan or this Zoning Code to systematically implement the General Plan, a specific plan shall be prepared, processed, approved and implemented, denied, and amended in compliance with this Chapter.
B. Flexibility and Innovation. A specific plan is designed to provide for flexibility, innovative use of land resources and development, a variety of housing and oth er development types, and an effective and safe method of pedestrian and vehicular circulation.
C. Planning Commission and Council Review. An application for a specific plan shall be considered by the Planning Commission and Council.
– Minimum Project Area
A specific plan may only be requested for a site(s) with a minimum of two acres.
Chapter 18.148 Specific Plans and Amendments
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– Initiation of Specific Plan
A specific plan may only be initiated by the Council or proposed by the Planning Commission or Director.
– Project Review, Notice, and Hearing
A. Hearings. Public hearings shall be required for the Planning Commission’s recommendation and the Council’s action on a specific plan or a specific plan amendment.
B. Notice. Notice of the public hearings shall be given and the hearings shall be conducted in compliance with Chapter 18.146 (Public Notices and Hearings). – Adoption of Specific Plan
A. Mandatory Finding for Adoption. A specific plan may only be adopted if first found consistent with the General Plan.
B. Method of Adoption. The specific plan shall be adopted by resolution of the Council. – Amendment of Specific Plans
A. Process for Amendment. A specific plan may be amended through the same procedures specified by this Chapter for the adoption of a specific plan.
B. Mandatory Finding for Amendment. A specific plan may only be amended if first found consistent with the General Plan.
C. Frequency of Amendments. The specific plan may be amended as often as deemed necessary by the Council.
Article 7 – Zoning Code Administration Chapter 18.150
Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 7-23
Chapter 18.150 – Permit Modifications and Revocations
Sections
– Purpose
– Modifications
– Revocations
– Findings to Modify or Revoke
– Hearing and Notice Required
– Purpose
A. This Chapter provides procedures for securing corrective modification or revocation of previously approved permits or approvals.
B. A discretionary permit may be modified or revoked for cause as provided by this Chapter.
C. For purposes of this Chapter , modification may include the modification of the terms of the permit itself or the waiver, alteration, and imposition of new or modified conditions.
D. Any action to modify or revoke a permit or approval may be initiated by order of the Council or Planning Commission, on its own motion, or at the request of the Director.
– Modifications
The City’s action to modify a permit or approval, instead of revocation, may include conditioning any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, outdoor lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit or approval is operated in a manner consistent with the original findings for approval.
– Revocations
The City’s action to revoke a permit or approval, instead of modification, shall have the effect of terminating the permit or approval and denying the privileges granted by the original approval.
– Findings to Modify or Revoke
A Conditional Use Permit, Minor Modification, Minor Use Permit, Variance, or other City planning permit may be modified or revoked by the Review Authority (e.g., Director, Planning Commission, or Council) that is responsible for that type of permit, if the Review Authority first makes any one of the following findings:
A. Circumstances under which the permit or approval was granted have been changed to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and general welfare require the modification or revocation; Chapter 18.150 Enforcement Provisions
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B. The permit or other approval was granted or extended, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval; C. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated and/or the approved plot plan has not been followed; D. The permit or any improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; E. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or general welfare; or
F. The Building Official or the Council determines that the manner of operation constitutes or is creating a nuisance.
– Hearing and Notice Required
A. Hearing Required. The appropriate Review Authority which originally granted the permit or approval shall hold a public hearing to modify or revoke a permit or approval granted in compliance with the provisions of this Zoning Code.
B. Noticing and Conduct of Hearing. The public hearing shall be noticed and conducted in compliance with Chapter 18.146 (Public Notices and Hearings).
Article 7 – Zoning Code Administration Chapter 18.152
Public Review Draft – Santa Clara Zoning Code, Title 18 November 2023 7-25
Chapter 18.152 – Enforcement Provisions
Sections
– Purpose
– Permits and Approvals
– Enforcement Responsibility
– Inspections
– Initial Enforcement Action
– Recording Notice of Violation
– Violations
– Legal Remedies
– Remedies Are Cumulative
– Recovery of Costs
– Additional Permit Fees
– Reinspection Fees
– Limitation of Actions Attacking Certain Decisions
18.152.140 – Conclusive Notice
– Purpose
This Chapter establishes provisions that are intended to ensure compliance with the requirements of SCCC Title 18 (Zoning) and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City. – Permits and Approvals
All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, permits, and other approvals shall comply with the provisions of SCCC Title 18.
A. Permits in Conflict with SCCC Title 18. Certificates, licenses, permits, and other approvals for uses or structures that would conflict with the provisions of Title 18 shall not be issued.
B. Permits Deemed Void. Any certificate, license, permits, and other approvals issued in conflict with the provisions of SCCC Title 18 shall be void and of no effect. – Enforcement Responsibility
A. Responsibility of Director. The Director, and such employees designated by the Director, may exercise the authority provided in California Penal Code Section 836.5(a) and issue notices of violation, stop work orders, and citations for any violations of SCCC Title 18 pertaining to the use of any land, and the addition, alteration, construction, conversion, installation, moving, reconstruction, or use of any structure.
B. Additional Responsibility to Enforce . Other City officials charged by the law with the general duty of enforcing City ordinances shall also enforce the provisions of SCCC Title 18 .
C. Procedures. The procedures to be followed for the issuance of citations are those that are or may be authorized from time to time by provisions of the California Penal Code.
Chapter 18.152 Enforcement Provisions
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– Inspections
A. Right of entry. The enforcement officer may enter any property or premises at all times to perform any duty imposed upon him/her by SCCC Title 18 whenever the enforcement officer has cause to believe a violation of provisions of SCCC Title 18 is occurring; provided, that:
1. The enforcement officer shall present proper credentials, state the reason for entry, and request entry from the owner or occupant.
(a) If entry is denied, the enforcement officer may seek a court -ordered inspection warrant if cause exists in compliance with Code of Civil Procedure Section 1822.50 et seq.; and
(b) If entry is denied, the enforcement officer shall have recourse to every remedy provided by law to secure entry.
2. The enforcement officer shall make a reasonable effort to locate the owner of unoccupied property or premises, inform the owner of the reasons for entry, and request entry.
3. The enforcement officer shall not enter any property or premises in the absence of permission to enter unless an inspection warrant has been issued by a court of competent jurisdiction.
B. Pre-approval Inspections. Every applicant seeking a permit or any other approval in compliance with SCCC Title 18 shall allow the City officials handling the application access to any premises or property that is the subject of the application.
C. Post approval Inspections. If the permit or other approval in compliance with SCCC Title 18 is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.
– Initial Enforcement Action
A. Procedures for Initiating Enforcement. This Section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of SCCC Title 18.
1. Notice to Responsible Parties. The Director shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information:
a. A description of the violation(s) and citations of applicable SCCC Title 18 provisions being violated;
b. The time limit for correction of the violation, as specified below;
c. A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violation(s); and
d. A statement that the property owner may request and be provided a meeting with the Director to discuss possible methods for the correction of the violation(s).
Article 7 – Zoning Code Administration Chapter 18.152
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2. Time Limit for Correction.
a. The Notice of Violation shall state that the violation(s) shall be corrected within 30 days from the date of the notice to avoid further enforcement action by the City.
b. The 30-day time limit may be extended by the Director upon determining that the responsible party will likely correct the violations within a reasonable time period.
c. The Director may also require through the Notice of Violation that the correction occur within less than 30 days if the violation constitutes a public nuisance or is a hazard to public health or safety.
B. Encourage Voluntary Cooperation. It is the object ive of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Chapter may be avoided.
C. Other Steps. These provisions shall not limit or prevent the City from taking any other steps necessary to obtain compliance with SCCC Title 18.
D. Use of Other Enforcement Procedures. The enforcement procedures of Section 18.154.080 (Legal Remedies) may be employed by the City after or instead of the provisions of this Section where the Director determines that this Section may be ineffective in securing the correction of the violation(s) within a reasonable time.
– Recording Notice of Violation
A. Record Notice with County Recorder’s Office. If property in the City exists in violation of SCCC Title 18 and the owner fails or refuses to correct the violation(s), the City may record a Notice of Violation against the affected property in the County Recorder’s Office.
B. City Actions before Recordation. Before recording a Notice of Violation, the City shall do all the following:
1. Mailing of Notice.
a. The Director, through the City Code Enforcement Staff, shall send a written Notice of Violation to the current owner(s) and any mortgage holder(s) that a violation(s) exists and request that the owner(s) correct the violation within a specified, reasonable period of time, in compliance with Section 18.154.100 (Recovery of Costs), below.
b. The Director may, in the Director’s dis cretion, send more than one Notice of Violation.
2. Failure to Correct Violation.
a.
If the owner fails or refuses to correct the violation(s) within the specified time, the Director, through the City Code Enforcement Staff, shall mail to the current owner(s) by regular first class and by certified mail a Notice of Intention to record a Notice of Violation, describing the real property in detail, naming the owner(s), describing the violation(s) in detail (including relevant City Code sections), and stating that an opportunity will be given to the owner(s) to present evidence at the hearing on the matter.
Chapter 18.152 Enforcement Provisions
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b. The notice shall specify a time, date, and place for a Planning Commission hearing at which the owner may present evidence to the Planning Commission why the Notice of Violation should not be recorded.
c. The Planning Commission hearing shall take place no sooner than 30 days and no later than 60 days following the date of mailing of the Notice of Violation.
3. Planning Commission’s Actions.
a. The Planning Commission shall hear the matter on the date scheduled.
b. If, after the owner(s) and the City staff have presented evidence, the Planning Commission determines that there is no violation, the Director shall mail a clearance letter to the current owner(s).
c. If the owner(s) fails to appear, or the Planning Commission determines that there is a violation(s), the Planning Commission may, by resolution, direct the Director to record the Notice of Violation with the County Recorder.
4. Constructive Notice. The Notice of Violation, when recorded, shall be deemed to be constructive notice of the violation(s) to all successors -in-interest in the property, under California Civil Code Sections 1213 and 1215.
5. Release or Cancellation of Notice of Violation. If the owner(s) corrects the violation(s) or the property otherwise becomes conforming after the Notice of Violation has been recorded, and the owner(s) has notified the City in writing and consented to an inspection to confirm the correction, the Director shall record a release or cancellation of the Notice of Violation.
– Violations
A. Violations of SCCC Title 18.
1. Any use of land or structures operated or maintained contrary to the provisions of SCCC Title 18 and any structure constructed or maintained contrary to the provisions of Title 18 are hereby declared to be a public nuisance and a violation of Title 18 in compliance with SCCC Chapter 1.10 (Administrative Penalties – Citations).
2. The violation of any required condition imposed on a permit or approval shall constitute a violation of Title 18 and may constitute grounds for modification or revocation of the permit in compliance with Chapter 18.152 (Permit Modifications and Revocations ), or any other remedy available to the City under the SCCC.
3. Any violations of SCCC Title 18 or any required condition(s) imposed on a permit or approval granted in compliance with Title 18 shall be treated as a strict liability offense regardless of intent.
4. Any person, firm, or corporation, whether as principal, agent, employee, lessee, occupant, or otherwise, violating any provision of SCCC Title 18 shall be deemed guilty of an infraction or misdemeanor and be subject to administrative and civil penalties under SCCC Section 1.05.070. Such violations shall be punished by a fine in compliance with SCCC Section 1.05.070 and Chapter 1.10 [Administrative Penalties – Citations]. Funds collected pursuant to this section shall be paid to City’s Community Development Department account.
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B. Public Nuisance Defined and Abatement.
1. Public Nuisance Defined.
a. Any structure set up, altered, constructed, converted, demolished, enlarged, erected, maintained, or moved contrary to the provisions of SCCC Title 18 or any use of any land, structure, or premises established, conducted, operated, or maintained contrary to the provisions of Title 18 is hereby declared to be unlawful and a public nuisance.
b. Such a condition or use shall be subject to the remedies and penalties established by SCCC Chapter s 1.10 (Administrative Penalties – Citations) and 15.40 (Dangerous Building Code) , and the City Attorney may commence an action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law.
c. The City Attorney may also take other steps and apply to any courts as may have jurisdiction to grant relief as will abate and remove the structure and restrain and enjoin any person from setting up, erecting, building, maintaining, or using any structure or using any property contrary to the provisions of Title 18.
2. Abatement.
a. The City may choose to abate any public nuisance or violation of SCCC Title 18 through any of the abatement methods specified in this Chapter or in other local, State or Federal law and nothing contained in these titles shall be construed as limiting, prejudicing, or adversely affecting the City's ability to concurrently or consecutively use any of these proceedings as the City may deem are applicable.
b. Proceeding under this Section will not preclude the City from proceeding under other sections of these titles, whether simultaneously of in seriatim.
c. Whenever an enforcement officer determines that any condition exists in violation of the provisions of these titles, the enforcement officer may take enforcement action in compliance with this Section.
C. Compliance Responsibility. Paying a fine or serving a jail sentence shall not relieve any person from the responsibility for correcting any condition which violates any provision of SCCC Title 18.
D. Stop Work Order.
1. Any construction in violation of SCCC Title 18 or any conditions imposed on a permit shall be subject to the issuance of a "Stop Work Order" or other similar notice issued by the City.
2. Any violation of a Stop Work Order or other similar notice shall constitute a misdemeanor and a public nuisance, and shall be subject to the remedies and penalties established by the City Code and this Chapter.
– Legal Remedies
In compliance with SCCC 1.05.070, the City, in its prosecutorial discretion, may enforce violation(s) of the provisions of Title 18 as a civil, criminal, and/or administrative action.
Chapter 18.152 Enforcement Provisions
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A. Civil Actions.
1. Injunction. The City Attorney or District Attorney may apply to the Superior Court for injunctive or other appropriate relief to terminate a violation(s) of SCCC Title 18.
2. Abatement Proceedings. The City Attorney or District Attorney may apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions.
3. Nuisance Abatement. The City may pursue any remedies or enforcement action(s) for the abatement of a nuisance in compliance with SCCC Chapter 15.40 (Dangerous Building Code), Health and Safety Code Section 17920 et seq, or other applicable law.
B. Civil Remedies and Penalties.
1. Civil Penalties. Any person who violates the provisions of Title 18 or any permit issued in compliance with Title 18 shall be liable for a civil penalty for each day, or a portion of the day, that a violation(s) continues to exist in compliance with SCCC Section 1.05.070.
2. Costs and Damages. Any person violating any provisions of SCCC Title 18 or any permit issued in compliance with Title 18, shall be liable to the City for all of the costs incurred and the damages suffered by the City , its agents, and agencies as a direct result of the violation(s), including reasonable attorney fees and costs.
3. Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation( s), the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by the defendant.
C. Criminal Actions and Penalties. See SCCC Section 1.05.070. – Remedies Are Cumulative
A. Cumulative, Not Exclusive. All remedies contained in SCCC Title 18 for the handling of violations or enforcement of the provisions of Title 18 shall be cumulative and not exclusive of any other applicable provisions of City or State law.
B. Other Remedies. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of SCCC Title 18, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s). – Recovery of Costs
This Section establishes procedures for the recovery of adm inistrative costs, including City staff and City Attorney time expended on the enforcement of the provisions of SCCC Title 18 in order to correct a violation.
The intent of this Section is to recover all City administrative costs reasonably related to administrative, civil, or criminal enforcement in compliance with Code of Civil Procedure Section 1033.5 , SCCC Section
1.05.070, Chapter 1.10 (Administrative Penalties – Citations), and this Section.
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A. Record of Costs.
1. The Department shall maintain records of all administrative costs incurred by responsible City departments, including City Attorney costs, associated with the processing of violations and enforcement of SCCC Title 18, and shall recover the costs from the property owner(s) or the person(s) in control of the property in compliance with this Section.
2. City staff time shall be calculated at an hourly rate as established and revised from time to time by the Council, or the actual rate charged to the City.
B. Notice. Upon investigation and a determination that a violation of any of the provisions of SCCC Title 18 or any condition(s) imposed on a permit or approval is found to exist, the Director shall notify the record owner (s) and/or any person(s) having possession or control of the property by mail, of the existence of the violation(s), the Department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing regarding any objections they may have. The notice shall be in a form approved by the City Attorney.
C. Summary of Costs and Notice.
1. At the conclusion of the investigation, the Director shall send a summary of costs associated with enforcement to the property owner(s) and/or person(s) having possession or control of the property by certified and first class mail.
2. The summary shall include a notice in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the char ges for City cost recovery within 10 days following the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.
3. In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner(s) and/or person(s) in control shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director.
4. The costs shall be recoverable in a ci vil action in the name of the City , in any court of competent jurisdiction, or by tax assessment or a lien on the property in compliance with Government Code Section 54988, at the City’s election.
5. The obligation to pay any unpaid costs shall be made a personal obligation of the property owner(s). The obligation may be recovered against the property owner (s) through a civil action initiated by the City or its authorized collection agent, or in any other manner provided for by law. The City shall be entitled to recover costs of the civil action, including the City’s Attorney’s fees.
D. Attorney’s Fees. In any action or administrative proceeding to enjoin, or abate a nuisance, or seek a civil penalty, the prevailing party in the action or proceeding shal l be entitled to recover reasonable attorney’s fees; however, the amount of attorney’s fees awarded to a prevailing party shall not exceed the amount of attorney’s fees incurred by the City in the action or proceeding.
Further, an award of attorney’s fees in compliance with this Section shall only be allowed where the City elects, at the initiation of the action or proceeding, to seek recovery of its own attorney’s fees.
E. Request for Hearing on Costs. Any property owner(s) and/or other person(s) having possession and control of the subject property who receives a summary of costs shall have the right to a hearing before the Director.
Chapter 18.152 Enforcement Provisions
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1. A request for hearing shall be filed with the Department within 10 days following the service by mail of the Department's summary of costs, on a form provided by the Department.
2. Within 30 days following the filing of the request, and on 10 days’ written notice to the owner(s), the Director shall hold a hearing on the owner's objections, and determine their validity.
3. In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered shall include:
a. Whether the present owner(s) created the violation(s);
b. Whether there is a present ability to correct the violation(s);
c. Whether the owner(s) moved promptly to correct the violation(s);
d. The degree of cooperation provided by the owner(s); and
e. Whether reasonable minds differ as to whether a violation(s) exists.
4. The Director’s decision shall be appealable directly to the Planning Commission in compliance with Chapter 18.144 (Appeals).
Additional Permit Fees
Any person who establishes a land use, or alters, constructs, demolishes, enlarg es, erects, maintains, or moves any structure without first obtaining any permit required by SCCC Ttile 18 , shall pay the additional permit processing fees established by the Fee Schedule for the correction of the violations, before being granted a permit for a use or structure on the site.
– Reinspection Fees
A. Amount and Applicability of Reinspection Fee.
1. A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of SCCC Title 18 or the City Code, adopted Building Code, or State law.
a. The fee amount shall be established by the Fee Schedule.
b. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.
2. The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, if the correction has been made to the satisfaction of the Director.
B. Continuation of the Original Case.
1. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of SCCC Title 18, the City Code, or any condition of a permit or other approval for less than 90 days, the violation shall be deemed a Article 7 – Zoning Code Administration Chapter 18.152
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continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.
2. This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating SCCC Title 18 or the City Code.
3. Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of SCCC Title 18 or the City Code, or costs incurred by the City for the abatement of a public nuisance.
– Limitation of Actions Challenging Certain Decisions
Any action or proceeding to annul, challenge, review, set aside, or void any decision of matters contained in SCCC Title 18 within the authority of jurisdiction of the Director , the Planning Commission, or the Council, or concerning any of the proceedings, acts or determinations taken, done, or made before the decision, or to determi ne the reasonableness, legality, or validity of any condition attached thereto, shall not be maintained in any court by any person unless the action or proceeding is commenced within 30 days after the date of the decision. Thereafter all persons are barred from any action or proceeding or any defense of invalidity or unreasonableness of the decision or of the proceedings, acts, or determinations.
– Conclusive Notice
A. Mailings. Whenever a notice is required to be given under this code, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be conclusively deemed to have been completed at the time of deposit in the post office.
B. Postings. Further, the posting of notice of a hearing or order in compliance with SCCC Title 18 shall be conclusively deemed to be adequate notice to any and all occupants, users, or possessors of the property or its contents and the failure of the occupant, user , or possessor to see, read, understand, or otherwise receive the notice shall not invalidate any of the proceedings.
Chapter 18.152 Enforcement Provisions
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Article 8 – Definitions
December 2023
Title 18 – Zoning Code
TABLE OF CONTENTS
18.60.010 – “A” Definitions ---------------------------------------------------------------------------------- 8-3
18.60.020 – “B” Definitions ---------------------------------------------------------------------------------- 8-5
18.60.030 – “C” Definitions ---------------------------------------------------------------------------------- 8-6
18.60.040 – “D” Definitions ---------------------------------------------------------------------------------- 8-9
18.60.050 – “E” Definitions --------------------------------------------------------------------------------- 8-10
18.60.060 – “F” Definitions --------------------------------------------------------------------------------- 8-11
18.60.070 – “G” Definitions--------------------------------------------------------------------------------- 8-13
18.60.080 – “H” Definitions --------------------------------------------------------------------------------- 8-13
18.60.090 – “I” Definitions ---------------------------------------------------------------------------------- 8-14
18.60.100 – “J” Definitions --------------------------------------------------------------------------------- 8-15
18.60.110 – “K” Definitions --------------------------------------------------------------------------------- 8-15
18.60.120 – “L” Definitions --------------------------------------------------------------------------------- 8-15
18.60.130 – “M” Definitions -------------------------------------------------------------------------------- 8-16
18.60.140 – “N” Definitions --------------------------------------------------------------------------------- 8-17
18.60.150 – “O” Definitions--------------------------------------------------------------------------------- 8-18
18.60.160 – “P” Definitions --------------------------------------------------------------------------------- 8-18
18.60.170 – “Q” Definitions--------------------------------------------------------------------------------- 8-22
18.60.180 – “R” Definitions --------------------------------------------------------------------------------- 8-23
18.60.190 – “S” Definitions --------------------------------------------------------------------------------- 8-25
18.60.200 – “T” Definitions --------------------------------------------------------------------------------- 8-28
18.60.210 – “U” Definitions --------------------------------------------------------------------------------- 8-28
18.60.220 – “V” Definitions --------------------------------------------------------------------------------- 8-28
18.60.230 – “W” Definitions -------------------------------------------------------------------------------- 8-30
18.60.240 – “X” Definitions --------------------------------------------------------------------------------- 8-30
18.60.250 – “Y” Definitions --------------------------------------------------------------------------------- 8-31
18.60.260 – “Z” Definitions --------------------------------------------------------------------------------- 8-31
Table of Contents Article 2 – Zones, Allowable Uses, and Development Standards
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Article 8 – Definitions
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18.60.010 – “A” Definitions
Abandon. To cease or suspend from developing or maintaining a structure or use for 12 months or more.
Abutting. Having a common border with or being separated from a common border by a right -of-way, street, alley, easement, or having property lines in common.
Accessory Dwelling Unit (ADU). Residential dwelling unit with permanent provisions for living, sleeping, eating, cooking, and sanitation that is located on the same lot as an existing single-family dwelling. An ADU is intended for the habitation by one or more persons, and may take one of the following two (2) forms :
Detached. The unit is separated from the primary single-family dwelling. Attached. The unit is attached to the primary single-family dwelling (i.e., an addition). This includes converted ADUs (i.e., a garage conversion) and Junior Accessory Dwelling Units.
Accessory Dwelling Unit, Junior. “Junior accessory dwelling unit” means an ADU that is no more than 500 square feet in size and contained entirely within an existing single- family structure or accessory building. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
Accessory Structure. A structure, either attached or detached, (e.g., carports, garages, storage sheds, workshops) that is customarily part of, and clearly incidental, related, secondary, and subordinate to the primary structure. See Section 18.60.030 (Accessory Use and Structures)
Accessory Use. Means a use that is customarily associated with and subordinate or incidental to the Primary Use of a lot or structure. See Section 18.60.030 (Accessory Use and Structures)
Acres, Gross. The entire acreage of a site, including easements.
Acres, Net. The portion of a site that can actually be built upon. The following generally are not included in the net acreage of a site: public or private road rights of way, public open space, easements, and floodways.
Addition. A structure added to an existing, permitted structure or building.
Adult Business Uses. Includes the following:
(1) “Adult book store” means a building or portion thereof used by a business which has as a substantial or significant portion of its stock in trade for sale to the public, or certain members thereof, books, magazines or other publications which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as hereinafter defined).
(2) “Adult cabaret” means a building or portion thereof or area used for the presentation or exhibition or featuring of topless and/or bottomless dancers, persons engaging in “specified sexual activities” (as hereinafter defined), strippers, male or female impersonators or similar entertainers for observation by patrons or customers.
(3) “Adult motion picture theater” means a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as hereinafter defined) for observation by patrons or customers.
(4) “Adult novelty store” means a building or portion thereof used by a business which has a substantial or significant portion (over twenty -five percent (25%) of the business’ stock in trade for sale or rental to the public or over twenty -five percent (25%) of its gross dollar of business or, if applicable, over twenty -five percent (25%) of the actual display area of the store) of its stock in trade for sale or rental to the public, or Article 8: Definitions
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certain members thereof, adult -oriented novelty items which are distinguished or characterized by their emphasis or use for “specified sexual activities” (as hereinafter defined).
(5) “Nude encounter studio” means a building or portion thereof or area used, upon payment of any compensation (as hereinafter defined), for permitting the patron or customer to meet, be present privately, or otherwise “encounter” a person or persons who are topless and/or bottomless and are employed for such purpose (as hereinafter defined) by the operator of such establishment.
(6) “Nude photogra phy studio” means a building or portion thereof or area used upon payment of any compensation (as hereinafter defined), for permitting the patron or customer to photograph a person or persons who are topless and/or bottomless and who are employed for such purpose (as hereinafter defined) by the operator of such establishment.
Reference Santa Clara City Code Chapter 18.62 “Adult Business Uses”.
Airports. Areas of land designated and set aside for the landing and taking off of any aircraft regulated by the Federal Aviation Administration.
Alley. Public or private roadway, customarily located at the rear or side of properties, permanently reserved as means of vehicular or pedestrian access to abutting properties.
Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure or change in the appearance of any structure.
Alteration, Landscaping. Any construction or physical change in approved landscaping either in the form of plantings, trees, or other landscape sculptural pieces.
Alteration, Parking. Any construction or physical change in the internal arrangement or placement of parking stalls or change in the appearance of a parking lot or parking garage.
Alteration, Historic Preservation. Any change or expansion to an HRI property that involves:
1. changes to the exterior of a structure, such as its surface materials or its architectural features, or
2. substantial reconfiguration of the interior space.
Ambulance Service. Emergency medical transportation, including incidental storage, offices, sleeping accommodations, and maintenance of vehicles.
Antenna. A device for transmitting or receiving radio, television, or any other transmitted signal.
Apartment. Residential dwelling unit contained within a structure with three or more dwelling units which is designed and built for rental occupancy.
Applicant. A person who submits a land use application and who is the property owner, or authorized agent of the owner who is legally authorized to act for the owner of record.
Architectural Feature. Architectural elements embodying the historical significance or architectural style, design, general arrangement, and components of all the exterior surfaces of a building or structure, including, but not limited to, the type of building materials, and type and style of windows, doors, design, arrangement, massing, texture, painted and unpainted surfaces and materials.
Area, Gross. The entire area of a site, including easements.
Definitions
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Assisted Living Facilities. A combination of housing, personalized supportive services, and health-related care. Meant for those who require help with activities of daily living. Includes, but is not limited to, the following:
• Residential Care Facilities for the Elderly (RCFEs) and Adult Residential Care Facilities (ARFs) licensed through the California Department of Social Services. • Also includes skilled nursing facilities licensed through the California Department of Public H ealth, which offer 24-hr medical and nursing care for chronic and short-term conditions. • Housing for the ambulatory aged.
Attached. Any structure that has an interior wall or roof in common with another structure
Awning. A sheet of canvas or other material on a frame and used to keep the sun or rain off a storefront, window, doorway, or deck.
18.60.020 – “B” Definitions
Banks and Financial Institution. Commercial establishment including federally chartered banks, savings and loan as sociations, industrial loan companies, and credit unions providing retail banking services to individuals and businesses.
Banks and Financial Institution, Stand -alone ATM. Stand-alone commercial establishment typically in the form of a self -serve kiosk lo cated in retail shopping centers, areas for commercial entertainment, or adjacent to pedestrian walkways, that provide retail banking services to individuals and businesses.
Bar. Commercial establishment used primarily for the sale of alcoholic beverages to be consumed on the premises.
Basement. The portion of a structure between the floor and ceiling that is partly below and partly above grade, but so located that the vertical distance from grade to floor below is less than the vertical distance from grade to ceiling.
Bedroom. A habitable room that includes a closet of not less than two feet in interior depth and three feet in width.
Bed and Breakfast Inn. Residential structure used as a lodging establishment in which the manager is an occupant in the structure and receives compensation in exchange for providing overnight sleeping accommodations which contain no individual cooking facilities, on a less than weekly basis, and in which breakfast is included as part of the basic service.
Body-Piercing Shop. A building or portion thereof where piercing of human body parts is administered or from which a body -piercing business or service is operated. This shall not include establishments which limit their piercing to ears only.
Brewery. Establishment where malt beverages are manufactured on the premises. Retail sale of related promotional items may be allowed as part of the brewery operation. A brewery may also include a tasting room and entertainment space as part of an accessory use if the floor area used for the tasting room is less than or equal to 25 percent of the total floor area of the facility.
Broadcasting or Recording Studio. Commercial establishment that creates or broadcasts radio and television programs.
Buffer. Strip of land established to separate incompatible or different land uses. Normally a buffer area is landscaped and retained as open space. The term may be used more broadly to describe any area or use that separates two unlike land uses (e.g., the use of multi- family housing located between single- family housing and commercial uses).
Article 8: Definitions
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Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
Building, Historic Preservation. Refer to SCCC Article 6.
Building Material Stores and Yard. Indoor and/or outdoor retail establishment selling hardware, tools, appliances, lumber and other building materials, plants, portable spas, and other landscaping materials.
May also include the rental of tools and equipment used in the building trades.
Building Site. A lot or parcel of land in single or joint ownership, and occupied or to be occupied by a building or buildings, together with such open spaces as are required by the terms of this title and having its frontage on a public street, road, highway, or permanent means of access thereto by way of a City - approved public accessway or thoroughfare for vehicular or pedestrian travel.
Business Support Service Center. Commercial establishment that provide services to other businesses including maintenance, repair and service, testing, rental, etc. Illustrative examples of these services include:
computer-related services (rental, repair)
copying and quick printing services
film processing and photofinishing (retail)
graphic design services
mailing and mail box services
security systems services
testing laboratories (soils, materials, testing, etc.)
18.60.030 – “C” Definitions
Call Center. An office equipped to handle a large volume of calls especially for taking orders or servicing customers.
California Register of Historical Resources. The authoritative guide in California to be used by State and local agencies, private groups, and citizens to identify the State’s historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial adverse change. (Public Resources Code Section 5024.1(a))
Caretaker Housing. A residence that is acc essory to a nonresidential primary use and that is used for security, 24-hour care or supervision, or monitoring facilities, equipment or other conditions on the site.
Carport. A permanent roofed structure not completely enclosed to be used for vehicle parking.
Car Wash and Detailing Facilit y. Permanent, self -service and/or attended motor vehicle washing establishment, including fully mechanized facilities. May include detailing services and the limited sale of retail merchandise customarily used by the motorists.
Cemetery and Mausoleum. An area set aside for or containing the long- term confinement of graves, tombs, or funeral urns.
Character-defining feature. Architectural features of a building, structure, or object that help convey the significance of the HRI property and which were present during the period of significance.
Definitions
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Check-Cashing Shop. A building or portion thereof where checks or money orders are cashed or money orders or wires are issued and these services are a significant part of the business (over twenty-five percent (25%) of the gross dollar volume of business). This does not include banks, savings and loan institutions, credit unions, or other banking organizations regulated by State or Federal law.
Child Day Care Facility. Establishment that provides non-medical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the State Department of Social Services:
Child day care home . A child day care facility located in a residence where an occupant of the residence provides care and supervision for up to 14 children in compliance with Health and Safety Code Sections 1597.44 and 1597.465. Children under the age of 10 years who reside in the home count as children served by the day care facility See Section 18.60. 070 (Article 4) for additi onal standards.
Child day care center. A child day care facility not operated as a small or large family day care home. Includes infant centers, preschools, and extended child day care facilities. These may be operated in conjunction with a business, school, or religious facility.
Commercial Vehicle. A vehicle with commercial license plates, which is equipped with dual rear wheels and is not designed and used for recreational housing purposes.
Common Interest Development. “Common interest development” means a community apartment project, condominium project or a stock cooperative as defined by Section 4100 of the Civil Code, as may be amended.
Common Living Area. The area of a dwelling available to all residents of a unit, including the li ving room, dining room and kitchen, but exclusive of bathrooms and hallways.
Communication Equipment, Electrical Distribution, Transmission Station. Facility supporting electric and telecommunication services.
Community Care Facility. Any facility, place , or structure which is maintained and operated to provide, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children.
Community Garden. Site used for growing plants for food, herbs, or flowers, which is shared and maintained by City residents.
Community Center. Structure used for recreational, social, educational, or cultural activities, usually owned and operated by a public or nonprofit group or agency.
“Community ownership ” means: (i) a joint ownership of land and/or improvements combined with a separate ownership or exclusive right of occupancy of a unit or (ii) an investment apartment complex, which is defined as having separate ownership of at least two contiguous dwelling units per each ownership with all dwelling units to be rental units. The characteristics of the various forms of community ownership are as follows:
(A) “Community apartment” is an interest in real property in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.
(B) “Condominium” is an interest i n real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, Article 8: Definitions
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with respect to the duration of its enjoyment, be (i) an estate of inheritance or perpetual estate, (ii) an estate for life, or (iii) an estate for years, such as a leasehold or subleasehold.
(C) “Investment apartments” is an interest in real property wherein an apartment complex has multiple ownership of contiguous rental dwelling units of at least two contiguous units per each ownership, with all dwelling units in the project to remain rental units. This separate ownership of multiple rental dwelling units is combined with common ownership by the associated unit owners of the land and buildings where such units are located.
(D) “Pl anned development” is an interest in real property, excluding condominiums, community apartments, and stock cooperatives, having either or both of the following features:
(i) Any contiguous lots, parcels, or areas (hereinafter collectively referred to as “common area[s]”) are owned in common by the owners of the separately owned lots, parcels, or areas. Said common area(s) may consist of areas or facilities; the beneficial use and enjoyment of said common area(s) characteristically are reserved to some or all of the owners of separately owned lots, parcels, or areas.
(ii) Any power exists (A) to enforce any obligation in connection with membership in an owners’ association or (B) to enforce any obligation pertaining to the beneficial use and enjoyment of any portion of, or any interest in, either the separately or commonly owned lots, parcels, or areas by means of a levy or assessment, which may become a lien upon the separately owned lots, parcels, or areas of defaulting owners or members. Said lien may be foreclosed in any manner provided by law for the foreclosure of mortgages or deeds of trust, with or without a power of sale.
(E) “Stock cooperative” is a corporation that is formed or availed of primarily for the purpose of holding title to improved real property, either in fee simple or for a term of years, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.
Community Ownership Project.
(A) “Community apartment project” means a project containing two or more apartment units in a community apartment, as community apartment is defined hereinabove, and shall include a conversion to such a project.
(B) “Condominium project” means a project containing two or more condominium units, as condominium is defined hereinabove, and shall include a conversion to such a project.
(C) “Investment apartment project” means a project containing at least seventy -five (75) rental units that has been subdivided into multiple blocks of unit ownership of at least two contiguous rental units per ownership block, as investment apartment is defined hereinabove, and shall include a conversion to such a project.
(D) “Planned development project” means a project containing two or more separately owned lot, parcel, or area units in a planned development, as planned development is defined hereinabove, and shall include a conversion to such a project.
(E) “Stock cooperative project” means a project containing two or more units of improved real property held by a stock cooperative, as stock cooperative is defined hereinabove, and shall include a conversion to such a project.
Definitions
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Condominium. An interest in real estate property consisting of an undivided interest in common in a portion of a parcel of real property together with sperate interest in space in a residential, industrial, or commercial structure on real property such as an apartment, office, or store.
Conference Center. See “Places of Assembly.”
Congregate Care. See “Assisted Living Facilities.”
Conversion. A change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for the appropriate type of community ownership project, as defined herein, regardless of the present or prior use of such lands and s tructures and regardless of whether improvements have been made or are to be made to such structures.
Crematory. Facility where the bodies of deceased people are cremated.
Cul-de-sac. A street closed at one end with a circular turnaround.
18.60.040 – “D” Definitions
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.
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.
Demolition. The destruction, in whole or in part, of the original physical elements or building materials of an HRI property, including features that contribute to its historic character, architecture and integrity.
Notwithstanding the foregoing, alteration work that qualifies as a small project as defined in this chapter shall not constitute demolition.
Demolition by Neglect . Negligence resulting in the deterioration and irreversible harm to the original features and materials of an HR I property leading to substantial deterioration and/or structural failure constituting a threat to public health, safety and visual impact to a street, neighborhood or defined geographic area.
Article 8: Definitions
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Density. The number of dwelling units per gross acre, unless otherwise stated, for residential uses.
Distillery. Establishment where distilled spirits are manufactured. Retail sale of related promotional items may be allowed as part of the distillery operation. A distillery may also include a tasting room and entertainment space as part of an accessory use if the floor area used for the tasting room is less than or equal to 25 percent of the total floor area of the facility.
Dormitory. Structure intended or used principally for sleeping accommodations, where the s tructure is related to an educational or public institution, including religious institutions and fraternities and sororities.
Dwelling, Multifamily. Residential structure containing three or more residential dwelling units, each of which is for the occupancy by one or more persons living as a single housekeeping unit. Includes: triplexes (structures under single ownership with three dwelling units in the same structure); fourplexes (structure under single ownership with four dwelling units in the same structure); apartments (five or more dwelling units under single ownership in the same structure or complex); and common ownership attached unit projects including condominiums and townhouses. Does not include two-family residential dwellings.
Dwelling, Single-Family. Residential structure containing one dwelling unit located on a single parcel of land for occupancy by one single household living as a si ngle housekeeping unit . Also includes manufactured housing and mobile homes, when placed on a permanent foundation system.
Dwelling, Two-Family. Residential structure containing two dwelling units located on a single parcel of land for occupancy by two single households living as a single housekeeping unit.
18.60.050 – “E” Definitions
Easement. The right to use the real property of another for a specific purpose.
Electric Power Plant. All equipment, fixtures, and personal property operated or maintained in connection with the production of electricity with a generating capacity of more than five hundred (500) kilowatts including all conduits, ducts, or other devices, materials, apparatus, or property used or to be used for the transmission of the electricity so produced.
Electric Vehicle Charging Station (EV Station). A device or facility that provides power to charge the batteries of electric vehicles.
Definitions
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Employee Housing. Housing provided for six or fewer employees of a single employer. Such housing shall be deemed a single- family structure and a residential use of the property by a single household. All residents of the employee housing must be employed by the owner of the home.
Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to an occupancy of six months or less by homeless persons or families, where no one may be denied emergency shelter because of an inability to pay; as defined and used in California Health and S afety Code Section 50801.
Equipment Sales and Rental Facility. Service establishment with or without outdoor storage/rental yards, which offer a wide variety of equipment types, including construction equipment.
Evaluation. The process by which the signi ficance and integrity of a building, structure, object or site is judged according to the National Park Service Standards set forth in 36 CFR Part 61 and using the designation criteria outlined in SCCC 18.106.040(a) (Designation Criteria).
18.60.060 – “F” Definitions
Farmers Market (certified). A "certified farmers' market" means a food facility as defined under Section 113742 of the California Health and Safety Code, as the same may be amended from time to time, whose location and operation meet all of the following criteria and standards:
(A) Have been certified by the Santa Clara County agricultural commissioner through the issuance of a current and valid certified farmers' market certificate; and
(B) Are and remain in full conformance at all times with all state and local laws, and related regulations and guidelines, applicable to a certified farmers' market under Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code, as these state and local laws, regulations and guidelines may be amended from time to time.
Fence. A barrier, railing, or other upright structure, typically of wood or wire, enclosing an area of ground to mark a boundary, provide screening, control access, or prevent escape.
Fence, Palisade. A style of fencing that uses steel pales posted on the ground with minimal room in between each pale. These posts are then connected to horizontal rails, providing extra support and security.
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Floor Area Ratio. FAR is a broad measure of building mass in relation to the area of a lot or lots. It is calculated as the ratio of the gross floor area of a building or buildings at or above grade divided by the gross area of the site. FARs may be applied on a parcel-by-parcel basis or as an average for an entire site under a single development proposal.
.
Floor Area Ratio, Commercial. For the purpose of determining the required commercial areas of mixed- use projects, the commercial floor area ratio is the floor area of a building devoted to commercial uses, not including parking areas, divided by the gross lot area.
Floor Area, Gross. The floor area computed from the outside dimensions of the building, at or above grade, and not excluding corridors and other design featu res and aggregated for each additional story or mezzanine floor, and excluding any basement area, except as provided below. For purposes of this definition, where less than one-half the height of a basement is below grade, measured by reference to the average elevation of land within one hundred (100) feet of the building, such basement or ground floor shall be considered a story and contribute to the floor area.
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.
Freight Yard/Truck Terminal. Transportation establishment furnishing services incidental to air, motor freight, and rail transportation including freight forwarding services, freight terminal facilities, joint terminal and service facilities, packing, crating, inspection, and weighing services, postal service bulk mailing distribution centers, transportation arrangement services, truck repair, truck terminals, trucking facilities including transfer and storage.
Frontage. A portion of a parcel of property which abuts a street or highway.
Fuel and Distribution Center. Facility where fuel (such as propane and gasoline) is stored and distributed without retail sales.
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18.60.070 – “G” Definitions
Garage, Public. A structure or portion of a structure for the private use of the owner or occupant of a principal structure situated on the same parcel of the principal structure for storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.
Garage, Private. A detached accessory structure or a portion of a main structure on the same parcel as a dwelling for the storage of motor vehicles of the occupants of the dwelling, including carports.
Garden Centers/Plant Nursery. Establishment providing for the indoor and/or outdoor cultivation and sale of trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and related equipment.
General Plan. An adopted comprehensive long- term plan adopted in accordance with State planning and zoning law to guide the physical development of the City, including diagrams and text setting forth objectives, principles, standards, and plan proposals.
Glare. A sensation of excessive brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.
Grade (adjacent ground elevation). The lowest point of elevation of the finished surface of the ground between the exterior wall of a structure and a point five feet distant from such wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a structure and the property line, if it is less than five feet distant from such wall. In case a wall is parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the lowest point of elevation of the sidewalk, alley, or public way.
Grade, Existing. The surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project.
Grade, Finished. The surface of the ground or pavement at a stated location as it exists after completion of a project.
Grade, Natural. The unaltered natural surface of the ground at a stated location.
18.60.080 – “H” Definitions
Hazardous Material s. Materials that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.
Hazardous Materials Storage. The storage of materials that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.
Height (structure). For structures, Height is a vertical distance from the “grade” to the highest point of the coping that defines the volume of the building of a flat roof, or to the deck line of a mansard roof, or to the highest gable of a pitched or hipped roof.
Historic Fabric. Architectural form and character-defining features, such as siding, brick, stone, roofing or other materials visible on the struc ture, that are characteristic of the period of significance and therefore assist in portraying the style and historic significance of the HRI property from its most important time period.
Historic Resource Inventory. Means the City of Santa Clara Historic Resource Inventory, which is incorporated into the 2010-2035 General Plan as Appendix 8.9 (“Historic Resource Inventory” or “HRI”), as may be amended from time to time.
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HRI Property. A building, structure, object, or site currently included in the Historic Resource Inventory (HRI), which was designated as architecturally or historically significant by the City of Santa Clara pursuant to this chapter, or which the City added to the HRI prior to the effective date of this chapter.
Historic Resources Survey. The process of systematically identifying, researching, photographing and documenting HRI properties within a defined geographic area and placed on a State of California DPR 523 series form. All surveys shall be conducted in accordance with the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation: Standards and Guidelines for Identification and Evaluation, as may be amended.
Historic and Landmarks Commission . Or “HLC” means the Historical and Landmarks C ommission (HLC) established pursuant to SCCC 2.120.100.
Home Occupation . An accessory commercial activity or business service conducted on the site of a residential dwelling unit, in a manner clearly incidental and secondary to the residential character of the dwelling and surrounding residential neighborhood, and in compliance with the provisions of Section
18.60.170 (Home Occupations). Home occupations do not include business -type activities conducted solely by residents of a unit that are limited to t he use of a desk, telephone, and/or personal computer, including telecommuting, which are allowed in all residential zones.
Host. A person who occupies as his or her primary residence the same residential dwelling unit as a short-term rental.
Hosted. Means that a host has a physical presence at his or her primary residence in the same unit as a short-term rental during the entire period that the short-term rental is rented.
Hotel/Motel. Facility with guest rooms or suites, provided with or without kitchen facilities. Hotels generally provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, meeting facilities, personal services, restaurants/food service, etc. Motels generally provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities (e.g., accessory retail uses, indoor athletic facilities, swimming pools, tennis courts, etc.)
18.60.090 – “I” Definitions
Industrial. Establishments engaged in the manufacturing of finished parts or products either from raw materials or previously prepared materials, within an enclosed structure. Includes processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, storage/warehousing, incidental office space, sales, and distribution of the parts or products; and laundry and dry-cleaning plants.
Industrial, Minor. Manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create substantial amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on- site or on an adjacent site. Uses include but are not limited to pottery, ceramics, glass and metal art and craft productions, cabinetry and furniture manufacturing, food and beverage manufacturing, electronics assembly, microchip manufacturing, machinery assembly, paper product manufacturing, product assembly and distribution, and vehicle and boat assembly. This classification includes Accessory Uses associated the Principal Use—including offices, data centers, laboratories, warehousing and receiving facilities, indoor and outdoor storage, exterior mechanical equipment, and similar uses as well as temporary uses.
Industrial, Major. Manufacturing, fabrication, processing, and assembly of materials in a raw form.
Uses in this category typically create substantial amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons on an adjacent site. Uses include Definitions
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but are not limited to, product assembly and distribution, vehicle and boat ass embly, aggregate processing facilities, plastics and rubber products manufacturing, chemical product manufacturing, lumber and wood product manufacturing, petroleum refining, and pulp and pulp product industries.
Integrity. The authenticity of an HRI property’s historic identity, evidenced by the survival of an HRI property’s visual and physical characteristics that existed during the HRI property’s period of significance.
Within the concept of integrity, the National Register criteria recognize seven aspects or qualities that, in various combinations, define integrity. These seven aspects are location, design, setting, materials, workmanship, feeling and association.
18.60.100 – “J” Definitions
Junk. Any worn out, cast off, or discarded article of material which is ready for destruction or has been collected or stored for salvage or conversion to some other use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk.
Junkyard. The use of any lot or portion thereof for the storage of junk, including scrap metals, salvage, or other scrap materials, or for the dismantling or “wrecking” of automobiles or other vehicles or machinery, whether for sale or storage.
18.60.110 – “K” Definitions
Kennel. Facility where five or more dogs, cats, or other small domesticated animals over the age of four months are kept, whether keeping is for pleasure, profit, breeding, or exhibiting, including places where the animals are boarded, kept for sale or hire. May also include daytime boarding and activity for animals (e.g., “doggie daycares”) and ancillary grooming facilities.
Kitchen. Any room or space within a structure, all or part of which is designed or used for cooking, preparation, refrigeration and storage of food and which includes any of the following equipment: stove, oven, range top, dishwasher, kitchen sink, microwave oven, and refrigerator/freezer .
18.60.120 – “L” Definitions
Landscaping. The planting and continued maintenance of suitable vegetation in conformity with the requirements of this Zoning Code. See Landscape Standards Chapter 18.36.
Lead Agency. A public agency as defined in Government Code Section 65929, as may be amended, which has the principal responsibility for carrying out or approving a project.
Library. Public facility that provides the use of literary, musical, artistic, or reference materials.
Liquor. Refers to spirituous or intoxicating liquor, including wine and beer.
Liquor Store. See “Retail Sales Establishments, Retail Sales”.
Live Entertainment, Incidental. A use as defined by City Code Chapter 5.61, that is provided appurtenant to food service in a restaurant and occurs during the same operating hours as food service.
Live Entertainment, Standalone Use. For the purposes of the Zoning Code, Live Entertainment has the same meaning as Entertainment, as defined in City Code Chapter 5.61, Public Entertainment Generally , when it does not qualify as Incidental Live Entertainment.
Live-Work Facility. Integrated dwelling unit and working space, occupied and used by a single household, designed or structurally modified to accommodate both residential occupancy and light work activity and Article 8: Definitions
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that includes: a complete kitchen space and sanitary facilities in compliance with the Building Code and the working space shall only be reserved for and regularly used by one or more occupants of the unit.
Loading Dock. An off-street space provided for cargo vehicles, when loading and unloading.
Low-Barrier Navigation Centers. A housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness t o income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population- specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
18.60.130 – “M” Definitions
Machine Tools Manufacturing. See “Industrial”.
Maintained. Preserved in a condition or state of equivalent quality to that which was approved or required by the City. Unless the context demands otherwise, the term is synonymous and is interchangeable with the term “permanently maintained.”
Major Alteration. Any significant change that is subject to Director of Community Development review and approval in accordance with Chapter 18.76 SCCC or pursuant to City policy or procedure.
Major Transit Stop. Any of the following:
(1) a transit stop identified in the current version of Plan Bay Area; (2) an existing rail or bus rapid transit station; or
(3) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods . As used in this definition, “intersection of two or more major bus routes” means that two or more bus routes converge, meet, or cross, and either a bus stop serv ing both lines is located in the immediate proximity of the intersection, or a separate bus stop for each bus line is located in the immediate proximity of the intersection. For purposes of clarification, if two bus lines run parallel to each other, such as a rapid bus and a local bus, then a bus stop serving both lines in a location where the lines run parallel does not constitute an “intersection” and does not qualify as a major transit stop.
Manufacturing Plant. See “Industrial”.
Massage Establishment. See City Code Chapter 5.40 for more information.
Mausoleum. See “Cemetery and Mausoleum”.
Median. An area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.
Medical Services. Facility that provides in-patient and out-patient medical care.
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Medical Services, Hospitals. Facilities providing medical, physical, psychiatric, or surgical services on a 24-hour basis for sick or injured persons primarily on an in-patient basis and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration, and ancillary services to patients, employees, or visitors (i.e., cafeteria, gift/flower shop, waiting rooms, etc.).
Medical Services, General (clinics, office, and laboratories). Facilities primarily providing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including: medical and dental laboratories, medical, dental and psychiatric offices, outpatient care facilities, acupuncture, and other allied health services. Counseling services by other than medical doctors or psychiatrists may also be considered an “offices, business and professional” use.
Memory Care. A type of long- term care geared toward those living with Alzheimer’s disease or another form of progressive-degenerative dementia.
Mixed-use. A development consisting of one or more parcels developed as a cohesive development project and designed with a blend of various compatible uses (e.g., commercial retail, retail service, office, residential, civic, and institutional). The uses may be located vertically in the same structure or horizontally in separate structures.
Mobile Food Vendor. Licensed motor vehicle used for the preparation, sales, and/or distribution of food and beverages to the general public.
Mobile Food Vendor, Semi -Mobile. Any moveable, motorized cart, pushcart, or wagon without a fixed place of business that is used for the preparation, sales, and/or distribution of food and beverages to the general public. Includes street vendors and sidewalk vendors.
Mobile Fueling Delivery. On-site delivery of fuel, including but not limited to gasoline, diesel, liquified natural gas, liquified hydrogen, batteries or other fuel for automobiles, trucks and other vehicles.
Mobile/Manufactured Home. Factory-built structure that is manufactured or constructed under authority of 42 U.S.C. Sec 5403, Federal Manufactured Home Construction and Safety Standards, or California law (Health and Safety Code Sections 18007 and 18008) and is to be used as a place for human habitation.
The structure is manufactured either in whole or in substantial part at an off-site location, transported to the site, assembled on- site, and placed on a permanent foundation. For the purpose of the Zoning Code, a manufactured home shall be considered the same as any site-built single-family detached dwelling.
Mortuary or Funeral Home. Facility where deceased persons are prepared for burial or cremation, and funeral services may be conducted. Includes funeral homes and funeral parlors.
Museum. Public or quasi-public facility that provides space for preserving and exhibiting artistic, historical, scientific, natural, or man-made objects of interest. Activities may include the sale of objects collected and memorabilia, the sale of crafts work and artwork, boutiques, and the holding of meetings and social events.
18.60.140 – “N” Definitions
National Register of Historic Places . Means the National Historic Landmarks Register established pursuant to 54 U.S.C. Section 302101 et seq.
Nightclub. Commercial entertainment establishments open at night that typically provide food and alcoholic beverages and space for dancing and amplified music (e.g., live band, DJ, stereo sound system).
Nonconformity, Illegal. An illegally created parcel or a sign, structure, or use that was illegally constructed, created, installed, or initiated without proper permits or approvals, and which does not comply with the provisions of this Zoning Code.
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Nonconforming Parcel. A parc el legally created before the effective date of this Zoning Code, or subsequent amendment, which does not comply with the minimum area, depth, width, or other requirements of this Zoning Code.
Nonconforming Sign. A sign legally existing before the effective date of this Zoning Code, or subsequent amendment, which does not comply with the sign regulations of this Zoning Code.
Nonconforming Structure. A structure legally existing before the effective date of this Zoning Code, or subsequent amendment, which does not conform to the requirements of the zone in which it is located.
Nonconforming Use. A use of land and/or a structure legally existing before the effective date of this Zoning Code, or subsequent amendment, but which is no longer allowed in the zone in which it is located.
Nursery. Commercial establishment where plants and trees are grown for sale or for planting elsewhere.
May also include the sale of tools and nursery products.
18.60.150 – “O” Definitions
Occupancy. The act of using a site.
Office. Facility or businesses that predominantly offer professional and/or business services.
Office, Accessory. Office that is incidental and accessory to another business, manufacturing, or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use. The qualification criterion for this definition is that the floor area of the accessory office use shall not exceed 20 percent of the total floor area.
Office, Business and Professional. Facilities and businesses that predominantly offer professional and/or business services including banks, architects, attorneys, accountants, advertising, computer support, land use planners, and other similar professional services and uses.
Office, Medical. See “Medical Services General (clinic, office, and laboratories)”.
Open Space. Any land or water not covered by structures, roadways, or parking lots.
Outdoor Dining and Seating. A dining area with seats and/or tables located outdoors of a restaurant, coffee shop, or other food service establishment, and which is (a) located entirely outside the walls of the subject structure, (b) enclosed on two sides or less by the walls of the structure with or without a solid roof cover, or (c) enclosed on three sides by the walls of the structure without a solid roof cover.
Outdoor Displays and Sales. Permanent outdoor display of merchandise incidental to an adjacent indoor retail use, and certain independent outdoor retail sales facilities (e.g., auction yards, flea markets, lumber and other material sales yards). Includes news and flower stands. Does not include the sale of motor vehicles, boats, and recreational vehicles ("Vehicle Sales"), or the rental of vehicles ("Vehicle Rentals”).
Outdoor Use, Storage. An uncovered but improved land area providing for the arrangement and storage of objects, items, commercial or industrial equipment, products, tools , or other materials, typically not in a fixed position and capable of rearrangement.
18.60.160 – “P” Definitions
Palisade Fencing. See “Fence, Palisade.”
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Parcel. Tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as required by this Code, and fronting upon a street or a private easement adequate for purposes of access.
Parcel area. The total of the area, measured in a horizontal plane, within the parcel lines of a parcel.
Parcel, corner. A parcel located at the intersection of two or more streets at an angle of not more than 130 degrees. If the angle is greater than 130 degrees, the parcel shall be considered an “interior parcel.”
Parcel depth. The horizontal distance between the front and the rear parcel lines measured in the mean direction of the side parcel lines.
Parcel, flag. A parcel with access provided to the bulk of the lot by means of a corridor less than 25 feet in width. See illustration below.
Parcel line. Any line bounding a parcel as defined in this Article. See illustration below.
Parcel line, Front. A property line abutting a street.
Parcel line, Rear. The parcel line opposite the front parcel line.
Parcel line, Side. Any parcel line that is not a front parcel line or rear parcel line.
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Parcel, reversed corner. A corner parcel, the side line of which is substantially a continuation of the front parcel lines of the parcels to its rear, whether across an alley or not.
Parcel, substandard. A parcel of land that has less than the required minimum land area, width or depth as established by the zone in which it is located.
Parcel, through. A parcel having frontage on two dedicated streets, not including a corner or reversed corner parcel. See illustration below.
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Parcel width. The horizontal distance between the side parcel lines, measured at right angles to the parcel depth at the front setback line. See illustration below.
Parking Facility. A parking lot or parking structure customarily used for the temporary parking motor vehicles. Parking facilities should be either primary use or accessory use.
Park and Ride Facilit y. Designated area where vehicles may be temporarily parked in order to carpool with other commuters or to ride public transit.
Pawn Shop. A building or portion thereof where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money, together with all legal charges incident thereto. This does not banks, saving and loan institutions, credit unions, or other banking organizations regulated by State or Federal law.
Period of Significance. The span of time during which relevant events and activities occurred at an HRI property.
Personal Service, General. Commercial establishment that provides recurrently needed services of a personal nature. Illustrative examples of these uses include:
Barber and Beauty Shop
Clothing rental shop;
Dry-cleaning pick-up store with limited equipment;
Laundromats (self-service laundry);
Locksmith;
Nail salon;
Shoe repair shop;
Tailors and seamstress; and
Tanning Salon.
These uses may also include accessory retail sales of products related to the personal services provided.
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Personal Service, Restricted. Commercial establishment that may tend to have a blighting and/or deteriorating effect upon surrounding areas/uses and that may need to be dispersed from other similar uses to minimize adverse impacts. Illustrative examples of these uses include:
Pawnshop ;
Check-cashing and Payday lending establishments ; and Tattoo service, branding or body piercing studio. The application of permanent makeup is specifically excluded from this definition.
These uses may also include accessory retail sales of products related to the personal services provided.
Photovoltaic Equipment. Items including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy.
Photovoltaic (PV) System: A solar collection system consisting of one or more building- and/ or ground - mounted systems, solar photovoltaic cells, panels or arrays and solar related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar photovoltaic system is a generation system with a namep late capacity of not greater than 50 kilowatts if installed at a residential service or not larger than 3,000 kilowatts at other customer service locations.
Place of Assembly. Facility for public or private assembly and meetings, including civic and private auditoriums, banquet halls, community centers, conference and convention facilities; meeting halls for clubs, religious institutions (i.e., church, temple, synagogue, and mosque), a nd other membership organizations.
Preventative Maintenance. Any work to prevent deterioration or damage to the structural integrity or any exterior feature of an HRI property that does not involve a change in design, material or exterior appearance. Such work includes, but is not limited to, painting, wood trim or siding r epair, roof repair, patching, caulking, foundation or chimney repairs, or landscape maintenance.
Primary Use. The main or principal use of land or structure, as distinguished from a secondary or accessory use.
Public Building. Structure used (both owned and rented) by public agencies, including city , county, Federal, and State administration buildings; fire stations, and other fire prevention and firefighting facilities; police and sheriff substations and headquarters, including interim i ncarceration facilities; public libraries, and post offices. Does not include facilities specifically identified under another land use category, including schools.
Public Park s and Playgrounds. Outdoor recreation facilities that provide a variety of recreational opportunities including playground equipment, open space areas for active and passive recreation and picnicking, and sport and active recreational facilities. May also include enclosed structures providing for recreational opportunities.
Public Safety Facility. Facility necessary to respond to immediate hazards or threats to public health and safety, including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
18.60.170 – “Q” Definitions
No terms defined.
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18.60.180 – “R” Definitions
Recreational Facility, Indoor Amusement. Facility for participant sports and similar types of recreation, including indoor sports complexes, bingo parlors, billiard and pool halls, dance halls, clubs, ballrooms, bowling alleys, laser tag, indoor waterpark and/or aquatic park, and ice skating and roller rinks. This use may also include ancillary commercial facilities customar ily associated with the above indoor commercial recreation uses, including but not limited to bars and restaurants, fast -food restaurants, and video game arcades.
Recreational Facilit y, Outdoor Amusement. Facility for various outdoor participant sports and similar types of recreation, including amusement, theme and kiddie parks; drive- in theaters; golf driving ranges independent from golf courses; miniature golf courses (golf courses are included under the definition of Parks and Playgrounds); outdoor waterparks and/or aquatic parks; skateboard parks and water slides; go- cart and miniature auto race tracks; recreation equipment rental (e.g., ATV’s and other non-highway motor vehicles, roller skates); tennis courts, swim and tennis clubs. May also include ancillary commercial facilities customarily associated with the above outdoor commercial recreational uses, including but not limited to bars and restaurants, fast-food restaurants, video game arcades, etc.
Recycling. The series of activities by which disca rded materials that would otherwise remain wastes are collected, separated, or processed and used to make new products. See Chapter 18.60.300 (Recycling Facilities).
Redemption Center. Facility where the public may donate, redeem, or sell recyclable materials.
Recycling Facilit y. A variety of facilities involved with the collection of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. Recyclable material includes reusable materials that can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic.
Recyclable material does not include refuse or hazardous materials. This land use does not include storage containers located on a residential or nonresidential site used solely for the recycling of material generated on the site.
Research and Development Facilit y. Facility that conducts research, and the design, development and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing that may be associated with a manufacturing facility on the same site. Includes chemical and biotechnology and data computing research and development. May allow for minor manufacturing.
Residential Care Facility. Group care facility, or similar facility, as determined by the Director, in a single- family home for 24-hour nonmedical care in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
Resource Protection and Restoration. Activities and management of an area to preserve, recreate and enhance natural resource values such as habitat for fish and wildlife; rare, threatened, and endangered plants; vernal pools; erosion control; and floodwater conveyance.
Resource-Related Recreation. Facilities related to passive recreation in open space areas including bicycle and pedestrian trails, picnic areas, parking areas, and interpretive centers.
Restaurant. Retail establishment (i.e., cafes, coffee houses, diners, food services) engaged in the business of selling/serving food and beverages prepared for both on- site and off -site consumption. This includes restaurants with sit-down table service and fast food restaurants that may include drive-thru service.
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Retail Sales Establishment. Establishment, completely enclosed within structures, engaged in selling goods or merchandise to the general public for profit. Examples of these establishments and lines of merchandise include:
Retail Establishment, Small. A retail business focusing on the sale of merchandise not specifically listed under another use classification that is less than 75,000 square feet with less than 50 percent of the total sales floor area dedicated to nontaxable goods.
Retail Establishmen t, Medium. A retail business focusing on the sale of merchandise not specifically listed under another use classification that is at least 75,000 square feet but less than 150,000 square feet with less than 10 percent of the total sales floor area dedicate d to nontaxable goods.
Retail Establishment, Large. A retail business focusing on the sale of merchandise not specifically listed under another use classification that is 150,000 square feet or larger with less than 10 percent of the total sales floor area dedicated to nontaxable goods.
Retail Sales. The following are examples retail sales and lines of merchandise that are allowed in the three previously described retail sales establishments:
art, antiques, and collectibles liquor store
artisan shop locksmith
art studio luggage and leather goods
artists' supplies lumber
motor vehicle parts and accessories medical supplies and equipment bakery (retail only) musical instruments, parts and accessories
bicycle sales and rentals newsstand
book office supplies
cameras and photographic supplies orthopedic supplies carpeting and floor covering paint and wallpaper
clothing and accessories pet store
convenience store pharmacy
drug and discount store religious goods
electronic equipment secondhand goods sales
fabrics and sewing supplies sign and banner shop
florists and houseplant store (indoor sales only) shoe store furniture sales small wares
gift shop specialty food and beverage
grocery store specialty shop
handcrafted items sporting goods and equipment
hardware stationery
hobby materials supermarket
household appliances toys and games
household furnishings thrift store
household products travel services
jewelry vehicle parts sales
kitchen utensils
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Review Authority. The individual or official City body identified by this Zoning Code as having the responsibility and authority to review and approve or deny ministerial and discretionary permit applications and appeals described in this Zoning Code. Includes the City Council , the Planning Commission, t he Director, and the Planning Department.
Right-of-way. The right to make a way to and from another parcel of land. A type of easement granted or reserved over land for transportation purposes, (e.g., a highway, street, sidewalk, rail transport , or canal), as well as electrical transmission lines, oil and gas pipelines.
18.60.190 – “S” Definitions
Satellite Dish Antenna. An apparatus capable of receiving or transmitting communications from a satellite.
Secretary of the Interior’s Treatment Standards . The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabil itating, Restoring and Reconstructing Historic Buildings, published by the National Park Service, as may be amended.
School. Educational institution, whether public or private including elementary, middle, junior high, and high schools, serving transitional kindergarten through 12 th grade students, offering general academic
instruction equivalent to the standards prescribed by the State Board of Education, and including denominational and sectarian, boarding schools, charter schools, and military academies. Also includes community colleges, public or private colleges, universities, and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training.
School, Charter. Schools which offer alternative educational opportunities separate from traditional public or private schools and are formed and publicly funded by teachers, parents, or community groups under the terms of a charter with a local or national authority.
School, Private. Any privately owned and operated elementary school, middle school, secondary school, high school, or other institution providing academic instruction for students from kindergarten through 12
th grade pursuant to the California Education Code.
School, Public. Public elementary schools, middle schools, secondary schools, high schools, and any other public school providing academic instruction for students from kindergarten through 12 th
grade pursuant to the California Education Code.
School, Private/Public Colleges and Universities. A post -secondary institution for higher learning that grants associate or bachelor’s degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for adm ission. Includes community colleges, public or private colleges and universities, and technical schools.
Screening. The use of fences, walls, hedges, berms, or other features to shield, conceal, separate, or hide from view adjacent land uses.
Service-based Senior Living. Senior housing with services, which typically includes a commercial kitchen and the provision of meals. Residents are typically able to perform all Activities of Daily Living (ADLs). Not licensed by the State.
Setback. The distance a str ucture, parking area, or other development feature must be separated from a parcel line, other structure, development feature, or street centerline. See illustration below.
Setback, Front. The line which defines the depth of the required front yard.
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Setback, Rear or Side. The line which defines the width or depth of the required rear or side yard.
Setback, Side Corner. The line which extends between the rear property line and the front setback area on a corner parcel.
Shared housing building. Means a residential or mixed- use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.
A “shared housing building” may include incidental commercial uses, provided that those commercial uses are otherwise allowable and are located only on the ground floor or the level of the shared housing building closest to the street or sidewalk of the shared housing building.
Shared housing unit. Means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and micr owave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. For purposes of calculating a density bonus granted for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.
Definitions
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Sign. Structures or other visual devices designed, constructed, and used for the purpose of communicating a message or identifying or attracting attention to a parcel, product, service, person, cause or event. (See Chapter 18.42 Sign Standards).
Sight Distance Area. A space on a corner parcel and any driveway or alley in which all visual obstructions (e.g., structures and plantings), that inhibit visibility and thus cause a hazard to traffic and pedestrian safety are prohibited. (See also Site Planning and General Development Standards Section 18.30.030).
Single Development Proposal. An application for an entitlement affecting multiple contiguous parcels and authorized by the owners of all of the affected properties, including but not limited to an application for a building permit, architectural review, rezone, general plan amendment, or subdivision.
Single Housekeeping Unit. An individual or group of persons in a common living arrangement occupying a dwelling. Evidence of a common living arrangement may include some or all of the following: sharing living expenses such as rent or mortgage payments, food and utility costs, a shared lease or shared chores.
Single Room Occupancy (SRO). Any residential structure containing more than five units intended or designed to be used, rented, or hired out to be occupied for sleeping purposes, generally for one person per unit. Individual units typically share communal features, (e.g., kitchen, bathroom, or entertainment area).
Site. As applied in the context of this City Code, means the location of a significant historical event, a prehistoric or historic occupation or activity, building or structure, whether standing, ruined or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing buildings, structures or objects. Examples of a site are a battlefield, designed landscape, trail, or industrial site.
Small Projects. Alterations to any historic resource as defined herein, involving negligible visible changes.
Alterations shall not qualify as small projects if they involve the removal or destruction of any exterior character-defining feature or historic fabric, including, but not limited to, original windows, or similarly protected interior features, unless an accept able replacement is made with like materials and finishes, as determined by the Community Development Director.
Specialized Education and Training/Studio. School offering specialized education and training that typically offer certifications rather than academic degrees (e.g., dance, judo, painting).
Storage, Personal Facility . Facility with structures containing generally small individual compartmentalized areas or lockers rented as individual storage spaces and characterized by low parking demand. Ancillary outdoor storage for RVs’ and water vessels is also allowed. (Also, commonly referred to as “Mini Storage” or “Self-Storage” facilities.)
Storage, Warehouse. Commercial establishments offering the storage of furniture, household, office, or other commercial goods of any nature. Includes cold storage. Does not include: storage yards or personal storage facilities offered for rent or lease to the public (see “Storage, Personal Facilities”; or warehouse facilities in which the primary purpose of storage i s for wholesaling and distribution (see “Wholesaling and Distribution Facilities”).
Story, Half. A half-story is a story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of each story.
Structure. Anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, including swimming and wading pools and covered patios, excepting outdoor areas (e.g., paved areas, walks, tennis courts), and similar recreation areas.
Structure, Historic Preservation. Refer to SCCC 18.06.010(s)(9). (Ord. 1972 § 1, 11-21-17; Ord. 2011 § 16, 2-11-20).
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Structure Coverage. A portion of a parcel which is covered by a structure(s) excepting structure overhangs, paved areas, walks, and swimming pools, regardless of whether or not the structure(s) is intended for human occupancy.
Structure, Primary. A structure in which the principal use is conducted.
Subdivision Sales Office. See “Temporary Uses”.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population and that is linked to on- site or off -site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community. Supportive housing units are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.
18.60.200 – “T” Definitions
Tattooing or Branding Shop. A building or portion thereof where the tattooing or branding of human body parts is administered or from which a tattooing or branding business or service is operated.
Temporary Use. Use established for a specified period of time, typically less than 12 months, with the intent to discontinue the use at the end of the designated time period.
Temporary Use Permit. An administrative permit authorizing specific limited term uses in compliance with conditions and performance criteria specified in Chapter 18.122 (Temporary Use Permits).
Transit Stations and Terminal. Facility where buses, trains, and other mass transit options regularly stop to load and unload passengers and goods.
Transitional Housing. Rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. Transitional housing units are residential uses allowed in any residential zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.
18.60.210 – “U” Definitions
Use. The purpose (type and extent) for which land or a structure is arranged, designed, or intended, or for which either land or a structure is occupied or maintained.
Utility Facilities and Infrastructure. All equipment, fixtures, and personal property operated or maintained on private property in connection with the production or provision of water, sewer, power, natural gas, telecommunications, or other services, with the exception of Electric Power P lants.
18.60.220 – “V” Definitions
Vehicle Dismantling Facility. Any premises used for the dismantling or wrecking of motor vehicles required to be registered under the State Vehicle Code. Activities may include the buying, selling, or dealing in vehicles, their integral parts, or component materials thereof, and the s torage, sale or dumping of dismantled, partially dismantled, wrecked or inoperative vehicles.
Definitions
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Vehicle Impound Facility. Holding or storage places for motor vehicles until they are placed back in control of the owner, recycled for their metal, stripped of their parts at a vehicle dismantling yard, or auctioned off for the benefit of the impounding agency.
Vehicle Rental.
Vehicle Rental, General. Commercial establishment that rents automobiles, construction equipment, motorcycles, recreational vehicles, trucks, trailers, and similar vehicles and equipment, including on-site storage and incidental maintenance that does not require pneumatic lifts, and only when conducted within a fully enclosed structure.
Vehicle Rental, Limited. Commercial establishment that rents small vehicles (e.g., mopeds, scooters, Segway’s), and similar sized vehicles with electric power or engines less than 100cc.
May also include the maintenance, minor repair, and on- site storage of the equipment offered for rent, and only when conducted within fully enclosed structure.
Vehicle Rental, Office Only. Office activities offering the rental of automobiles, motorcycles, recreational vehicles, trucks, and other types of transportation vehicles. Does not include the on- site storage of or incidental maintenance of these vehicles.
Vehicle Repair and Maintenance. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, water vessels, golf carts, and other motor vehicles as a primary use, including the incidental wholesale and retail sal e of vehicle parts as an accessory use.
This includes the following categories:
Major Motor Vehicle Repair. Establishments providing major repair of automobiles, boats, motorcycles, recreational vehicles, or trucks including light duty trucks (i.e., gross vehicle weight of less than 10,000 pounds) and heavy -duty trucks (i.e., gross vehicle weights of 10,000 pounds or more). Examples of uses include full-service motor vehicle repair garages; body, fender, and paint shops; brake shops; machine shops; paint shops; tire sales and installation shops; towing services; transmission shops; and tire recapping. Does not include vehicle dismantling.
Minor Motor Vehicle Repair. Establishments providing minor repair services of golf carts, automobiles, motorcycles, recreational vehicles, or light duty trucks, vans, or similar size motor vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including detailing services; installation of electronic equipment (e.g., alarms, stereos, etc.); ser vicing of cooling, electrical, fuel and exhaust systems; brake adjustments; relining and repairs; oil and lube shops; smog shops, tire and battery sales and installation (not including recapping); and wheel alignment and balancing. Does not include any type of car washing service.
Vehicle Sales.
Vehicle Sales, General. Sale of automobiles, construction equipment, motorcycles, recreational vehicles, trucks, and similar vehicles and equipment, including display, storage, maintenance, repair, and incidental rental of the vehicles and equipment. May include the sale, installation, and servicing of related equipment and parts. All maintenance and repair activities shall be conducted within a fully enclosed structure.
Vehicle Sales, Wholesale. Sales limited to an office only, offering the sale of automobiles and light duty trucks. Does not include on- site inventory, display, storage, maintenance, or repair of these vehicles. May be subject to parking requirements of the Department of Motor Vehi cles.
Vehicle Service Station. A commercial facility that sells gasoline, diesel, or alternative fuel for the on- site fueling of individual motor vehicles. May include incidental “minor” maintenance and repair (i.e., battery charging and tire changing and repair) of automobiles and light duty trucks, vans, or similar size motor vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds). May also include a convenience store operated by the service station owner.
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Very Low Vehicle Travel Area. An urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehic le miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
Veterinary Facilit y. A place where domestic animals or household pets are given medical or surgical treatment and are cared for during the time of treatment. Use as a kennel shall be limited to short time boarding and shall only be incidental to the hospital use.
Visible. Capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road or in a public place.
Vocational School. See “Specialized Education and Training/Studios”.
18.60.230 – “W” Definitions
Wall, Masonry. A wall built from individual units which are often laid and bound together by mortar. Masonry walls are commonly used for separating/screening incompatible uses and for safety reasons.
Wholesaling and Distribution Facility . A commercial establishment engaged in the sale of goods or merchandise to retailers, industrial, commercial, institutional, or other professional business users, or to other wholesalers. In general, it is the sale of goods to anyone other than a standard consumer.
Wine Tasting Room. Facility in which wine products grown or processed on the owner's property may be tasted and sold. Merchandise offered for sale within the tasting room may also include souvenirs and clothing bearing the logo of the winery, as well as wine related items and other products that reflect or enhance the character or theme of the winery.
Winery. Bonded agricultural processing facilit y primarily used for the commercial processing of grapes or other fruit products into wine or similar spirits or the refermenting of still wine into sparkling wine. Processing consists of controlled fermentation combined with any of the following: crushing, blending, barrel aging, and bottling. Storage of case goods shall only occur in conjunction with processing. Retail sale of related promotional items may be allowed as part of the winery operation. A winery may include a tasting room as part of an accessory use if the floor area used for the tasting room is less than or equal to 25 percent of the total floor area of the facility.
Wireless Telecommunication Facility. See Chapter 18.66, Wireless Telecommunications Facilities.
Wireless Telecommunication Facility , Microcell. See Chapter 18.66, Wireless Telecommunications Facilities.
18.60.240 – “X” Definitions
No terms defined.
Definitions
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18.60.250 – “Y” Definitions
Yard. Any open space on the same parcel with a structure(s) or a dwelling group which open space is unoccupied and unobstructed from the ground upward to the sky, except for the projections or accessory structures allowed by this Zoning Code. See illustration below.
Yard, front. The space between the front of the structure and the front parcel line or highw ay setback line and extending the full width of the parcel.
Yard, rear. The space between the rear of the structure and the rear parcel line and extending the full width of the parcel.
Yard, side. The space extending from the front yard, or from the front parcel line where no front yard is required by this Zoning Code, to the rear yard, or rear parcel line, between a side parcel line and the side of the structure.
18.60.260 – “Z” Definitions
Zone. A portion of the territory of the City within which certain uses of land, premises, and structures are permitted, other uses are permitted through approval of a discretionary permit from the City , and other uses are not permitted and within which certain development standards are established.