Article 1 – Enactment and Applicability

July 2025
Title 18 – Zoning Code
TABLE OF CONTENTS

Chapter 18.02 – Purpose and Applicability of Zoning Code ----------------------------- 1-1

18.02.010 – Title ----------------------------------------------------------------------------------------------- 1-1
18.02.020 – Purpose and Authority ----------------------------------------------------------------------- 1-1
18.02.030 – Applicability of Zoning Code ---------------------------------------------------------------- 1-2
18.02.040 – Relationship to Prior Ordinances ---------------------------------------------------------- 1-3
18.02.050 – Relationship to General Plan --------------------------------------------------------------- 1-3
18.02.060 – Prior Rights and Violations------------------------------------------------------------------ 1-3
18.02.070 – Effect of Zoning Code Amendments on Projects in Progress ---------------------- 1-3
Chapter 18.04 – Interpretation of the Zoning Code Provisions ------------------------- 1-5
18.04.010 – Purpose ----------------------------------------------------------------------------------------- 1-5
18.04.020 – Rules of Interpretation ----------------------------------------------------------------------- 1-5
18.04.030 – Procedures for Interpretation --------------------------------------------------------------- 1-7
18.04.040 – Uses Not Classified --------------------------------------------------------------------------- 1-7
18.04.050 – Measurement of Separation Requirements --------------------------------------------- 1-7
18.04.060 – Headings and Illustrations ------------------------------------------------------------------ 1-8
Chapter 18.06 – Zoning Map and Zones -------------------------------------------------------- 1-9
18.06.010 – Purpose ----------------------------------------------------------------------------------------- 1-9
18.06.020 – Establishment of Zones---------------------------------------------------------------------- 1-9
18.06.030 – Zoning Map ------------------------------------------------------------------------------------ 1-11
18.06.040 – Rights-of-Way and Vacated Boundary Lines ------------------------------------------ 1-11
18.06.050 – Uncertainty of Boundaries ----------------------------------------------------------------- 1-11
18.06.060 – Classification of Annexed Lands --------------------------------------------------------- 1-12

TABLES

Table 1-1 Zones Implementing the General Plan ................................................................................ 1-10

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Table of Contents Article 1 – Enactment and Applicability

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1-ii July 2025 Santa Clara Zoning Code, Title 18

Article 1 – Enactment and Applicability Chapter 18.02

Chapter 18.02 – Purpose and Applicability of Zoning Code

1 For Article numbers

Sections
18.02.010 – Title
18.02.020 – Purpose and Authority
18.02.030 – Applicability of Zoning Code
18.02.040 – Relationship to Prior Ordinances
18.02.050 – Relationship to General Plan
18.02.060 – Prior Rights and Violations
18.02.070 – Effect of Zoning Code Amendments on Projects in Progress

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

18.02.020 – Purpose and Authority

A. Purpose. This Zoning Code is intended to carry out the policies of the Santa Clara General Plan.
More specifically, the purpose of this Code is as follows:

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

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

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

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

5. Maintain and enhance desirable characteristics of the neighborhoods;

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

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

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

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Chapter 18.02 –
Purpose and Applicability of Zoning Code

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

18.02.030 – Applicability of Zoning Code

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

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

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

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

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

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

F. Conflicting Requirements. Conflicts between different requirements of this Zoning Code, or

between this Zoning Code and other regulations, shall be resolved in compliance with Section
18.04.020 (Rules of Interpretation).

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

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Article 1 – Enactment and Applicability Chapter 18.02 –

18.02.040 – Relationship to Prior Ordinances

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

18.02.050 – Relationship to General Plan

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

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

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

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

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

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

18.02.060 – Prior Rights and Violations

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

18.02.070 – Effect of Zoning Code Amendments on Projects in Progress

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

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Chapter 18.02 –
Purpose and Applicability of Zoning Code

A. Application Complete. All planning permit applications (Article 6 [Permit Processing

Procedures]), that are active and that have been determined by the Project Clearance Committee
to be complete before the effective date of this Zoning Code or any amendment, shall be processed
in compliance with the requirements in effect when the application was deemed complete.

B. Approved Projects not Yet Under Construction. Any structure authorized by a planning permit
or approval for which a Building Permit has been issued may be constructed in compliance with
the permit or approval, as long as construction is completed and the approved land use is
established before the expiration of the permit or, where applicable, before the expiration of any
approved time extension, in compliance with Section 18.128.060 (Expiration).

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

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

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Article 1 – Enactment and Applicability Chapter 18.04

Chapter 18.04 – Interpretation of the Zoning Code Provisions

Sections
18.04.010 – Purpose
18.04.020 – Rules of Interpretation
18.04.030 – Procedures for Interpretation
18.04.040 – Uses Not Classified
18.04.050 – Measurement of Separation Requirements
18.04.060 – Headings and Illustrations

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

18.04.020 – Rules of Interpretation

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

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

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

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

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

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

4. Calculations.

a. Residential Density. When the number of dwelling units allowed on a site is

calculated based on the minimum site area per dwelling unit, any fraction of a unit
shall be rounded down to the next lowest whole number.
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Chapter 18.06 – Interpretation of the Zoning Code Provisions

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

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

6. Local Reference and Abbreviations. The following phrases, personnel, and document
titles are shortened in this Zoning Code.

a. City. City as used in this Zoning Code means Santa Clara and all public officials,
bodies, and agencies referenced in this Code are those of the City, unless otherwise
stated.

b. Council. Council as used in this Zoning Code means the Santa Clara City Council.

c. Department. Department as used in this Zoning Code means the Santa Clara
Planning and Inspection Department.

d. Designees of Public Officials. Any reference to a public official in this Zoning Code
(e.g., “Director” or “Zoning Administrator”) shall be construed to mean that official or
any designee of that official.

e. Director. Director as used in this Zoning Code means the Santa Clara Community
Development Director.

f. Planning Commission. Planning Commission as used in this Zoning Code means

the Santa Clara Planning Commission.

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

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

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

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

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

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Article 1 – Enactment and Applicability Chapter 18.04 –

18.04.030 – Procedures for Interpretation

A. Authority of Director to Interpret; Referral to Planning Commission. Whenever the Director
determines that the meaning or applicability of any of the provisions of this Zoning Code is subject
to interpretation generally, or as applied to a specific case, the Director may issue an official
interpretation or refer the question to the Planning Commission for determination.
B. Request for Interpretation. Any party may file a written request for an interpretation or
determination of this Zoning Code with the Director and shall include with the request the specific
provisions in question and any other information necessary to assist the Director in the review.
C. Record of Interpretations/Determinations. All interpretations and determinations by the Director
and Planning Commission shall be made in writing, and a permanent record of the interpretations
and determinations shall be kept.
D. Appeals. Any determination of this Zoning Code by the Director or Planning Commission may be
appealed in compliance with Chapter 18.144 (Appeals).
18.04.040 – Uses Not Classified
A. Use Not Listed is Not Allowed. Since the language used in this Zoning Code is deemed
permissive, if a proposed use of land is not specifically listed in Article 2 (Zones, Allowable Uses,
and Development Standards), the use shall not be allowed, except as provided in Subsection B.,
below.
B. Director’s Determination. Based on the authority granted in Section 18.04.030 (Procedures for
Interpretation), above, the Director may determine that a proposed land use that is not listed in
Article 2 (Zones, Allowable Uses, and Development Standards) may be allowed. In making this
determination, the Director shall first make all of the following findings:
1. The characteristics of, and activities associated with, the proposed use are equivalent to
those of one or more of the uses listed in the zone as allowable, and will not involve a
greater level of activity, population density, intensity, dust, emissions, noise, odor, parking,
traffic generation, or similar impacts than the uses listed in the zone;

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

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

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

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

18.04.050 – Measurement of Separation Requirements

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

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Chapter 18.06 – Interpretation of the Zoning Code Provisions

18.04.060 – Headings and Illustrations

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

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

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Article 1 – Enactment and Applicability Chapter 18.06

Chapter 18.06 – Zoning Map and Zones

Sections
18.06.010 – Purpose
18.06.020 – Establishment of Zones
18.06.030 – Zoning Map
18.06.040 – Rights-of-Way and Vacated Boundary Lines
18.06.050 – Uncertainty of Boundaries
18.06.060 – Classifaction of Annexed Lands

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

18.06.020 – Establishment of Zones

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

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

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

2
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Chapter 18.06 Zoning Map and Zones

Table 1-1
ZONES IMPLEMENTING THE GENERAL PLAN
Corresponding
Allowable Density or
Zoning Map Symbol Zone Name General Plan Land
Intensity
Use Designations
Residential Zones
Very Low Density
R1-6L Single-Family Residential 0.1 - 10 DU/AC
Residential
Single-Family Residential, Very Low Density
R1-8L 0.1 - 10 DU/AC
Larger Parcel Residential
R2 Low-Density Residential 8 - 19 DU/AC Low Density Residential
Medium-Density Medium Density
R3 20 - 36 DU/AC
Residential Residential
Medium Density
R4 High-Density Residential 37 - 50 DU/AC
Residential
Very-High-Density Very High Density
R5 51 - 100 DU/AC
Residential Residential
Patrick Henry Very-High- Very High Density
PH-R5 51 – 100 DU/AC
Density Residential Residential
Transit Neighborhood
R6 60 - 350 DU/AC Transit Neighborhood
Residential
Urban Village (Patrick
UV Urban Village 100-149 DU/AC
Henry Drive Plan)
Village Residential
VR Village Residential 60 - 149 DU/AC
(Patrick Henry Drive Plan)
Urban Center (Patrick
UC Urban Center 120 - 250 DU/AC
Henry Drive Plan)
60 - 149 DU/AC High Density Flex (Patrick
HD-Flex High Density Flex
2.0 FAR Henry Drive Plan)
Commercial Zones
C-C Commercial-Community 0.5 FAR Community Commercial
Commercial-
C-N 0.4 FAR Neighborhood Commercial
Neighborhood
C-R Commercial-Regional 0.6 FAR Regional Commercial
Mixed-Use Zones
Mixed Use-Neighborhood 20 - 36 DU/AC
MUNC Neighborhood Mixed Use
Commercial 0.1 FAR minimum
Mixed Use Community 20 - 36 DU/AC
MUCC Community Mixed Use
Commercial 0.1 FAR minimum
Mixed Use-Regional 37 - 50 DU/AC
MURC Regional Mixed Use
Commercial 0.15 FAR minimum
51-120 DU/AC Very High Density Mixed
Mixed Use-Very High Use; Santa Clara Station
MU-VHD
Density Residential 0.2 FAR minimum Very High Density
Residential
Office and Industrial Zones
LO-RD Low-Intensity Office/R&D 1.0 FAR Low-Intensity Office/R&D
HO-RD Office/R&D-High Intensity 2.0 FAR High-Intensity Office/R&D
LI Industrial-Light 0.6 FAR Light Industrial
HI Industrial-Heavy 0.45 FAR Heavy Industrial
Special Purpose Zones
OS Parks/Open Space N/A Parks/Open Space
PQP Public/Quasi Public N/A Public/Quasi Public
HT Historic Combining N/A N/A
Planned Development N/A N/A
PD Planned Development –
N/A N/A
Master Community
LSAP 8 - 19 DU/AC Low Density Residential

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Article 1 – Enactment and Applicability Chapter 18.06 –

Table 1-1
ZONES IMPLEMENTING THE GENERAL PLAN
Corresponding
Allowable Density or
Zoning Map Symbol Zone Name General Plan Land
Intensity
Use Designations
Medium Density
20 - 36 DU/AC
Residential
37 - 50 DU/AC High Density Residential
Lawrence Station Area Very High Density
51-100 DU/AC
Plan Residential
N/A Parks/Open Space
N/A Public/Quasi Public

18.06.030 – Zoning Map

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

18.06.040 – Rights-of-Way and Vacated Boundary Lines

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

18.06.050 – Uncertainty of Boundaries

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

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

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Chapter 18.06 Zoning Map and Zones

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

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

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

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

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

18.06.060 – Classification of Annexed Lands

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

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

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 Article 2 – Zones, Allowable Uses, and Development Standards

July 2025
Title 18 – Zoning Code
TABLE OF CONTENTS

Chapter 18.10 – Residential Zones (R1, R2, R3, R4, R5, R6, UC, UV, HD Flex) ---- 2-1
18.10.010 – Purposes of Residential Zones ----------------------------------------------------------------------------- 2-1
18.10.020 – Land Uses and Permit Requirements --------------------------------------------------------------------- 2-3
18.10.030 – Residential Development Standards ---------------------------------------------------------------------- 2-6
18.10.040 – Other Applicable Regulations ----------------------------------------------------------------------------- 2-12
Chapter 18.12 – Commercial Zones (C-C, C-N, C-R) --------------------------------------- 2-17
18.12.010 – Purpose of Commercial Zones --------------------------------------------------------------------------- 2-17
18.12.020 – Commercial Land Uses and Permit Requirements -------------------------------------------------- 2-18
18.12.030 – Commercial Development Standards ------------------------------------------------------------------- 2-21
18.12.040 – Other Applicable Regulations ----------------------------------------------------------------------------- 2-25
Chapter 18.14 – Mixed Use Zones (MU-NC, MU-CC, MU-RC, MU-MD, MU-VHD) - 2-29
18.14.010 – Purpose of Mixed Use Zones ----------------------------------------------------------------------------- 2-29
18.14.020 – Mixed Use Land Uses and Permit Requirements ---------------------------------------------------- 2-30
18.14.030 – Mixed Use Development Standards --------------------------------------------------------------------- 2-33
18.14.040 – Other Applicable Regulations ----------------------------------------------------------------------------- 2-37
Chapter 18.16 – Office and Industrial Zones (LO-RD, HO-RD, LI, HI) ---------------- 2-43
18.16.010 – Purpose of Office and Industrial Zones ----------------------------------------------------------------- 2-43
18.16.020 – Office and Industrial Land Uses and Permit Requirements --------------------------------------- 2-44
18.16.030 – Office and Industrial Development Standards -------------------------------------------------------- 2-47
18.16.040 – Other Applicable Regulations ----------------------------------------------------------------------------- 2-49
Chapter 18.18 – Special Purpose Zones (OS, PQP) --------------------------------------- 2-54
18.18.010 – Purpose of Special Purpose Zones---------------------------------------------------------------------- 2-54
18.18.020 – Special Purpose Land Uses and Permit Requirements -------------------------------------------- 2-54
18.18.030 – Special Purpose Development Standards ------------------------------------------------------------- 2-56
18.18.040 – Other Applicable Regulations ----------------------------------------------------------------------------- 2-57
Chapter 18.20 – Planned Development Zone (PD) ----------------------------------------- 2-58
18.20.010 – Purpose of Planned Development Zones -------------------------------------------------------------- 2-58
18.20.020 – Planned Development Zone Land Uses and Permit Requirements ----------------------------- 2-58
18.20.030 – Planned Development Zone Standards ---------------------------------------------------------------- 2-58
Chapter 18.22 – Lawrence Station Area Plan Zoning District (LSAP) --------------- 2-59
18.22.010 – Application ----------------------------------------------------------------------------------------------------- 2-59
18.22.020 – Intent ------------------------------------------------------------------------------------------------------------ 2-59
18.22.030 – Allowable Uses ----------------------------------------------------------------------------------------------- 2-59
18.22.040 – Development Standards ------------------------------------------------------------------------------------ 2-60
18.22.050 – Parking Requirements -------------------------------------------------------------------------------------- 2-61
18.22.060 – Additional Development Standards ---------------------------------------------------------------------- 2-61
Chapter 18.24 – Two-Unit Dwelling Residential Development and Urban Lot Splits
-------------------------------------------------------------------------------------------------------------- 2.-63
18.24.010 – Purpose -------------------------------------------------------------------------------------------------------- 2-63

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

18.24.020 – Applicability ---------------------------------------------------------------------------------------------------- 2-63

18.24.030 – Construction of multiple units in single-family zones ------------------------------------------------ 2-64
18.24.040 – Development Standards applicable to all lots with two units -------------------------------------- 2-64
18.24.050 – Development Standards within R-1 building envelope---------------------------------------------- 2-64
Chapter 18.26 – Downtown Form-Based Code ---------------------------------------------- 2-69

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

TABLES

Table 2-1 Residential Zones Allowed Uses and Permit Requirements ------------------------------------------- 2-3
Table 2-2 Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements ----------------- 2-5
Table 2-3 Residential Zone Development Standards -------------------------- 2-Error! Bookmark not defined.
Table 2-4 Patrick Henry Residential Zone Development Standards ----------------------------------------------- 2-9
Table 2-5 Office and Industrial Uses, HD Flex Zone Allowed Uses and Permit Requirements ----------- 2-10
Table 2-6 Residential Zone Setback Encroachments --------------------------------------------------------------- 2-13
Table 2-7 Commercial Zones Allowed Uses and Permit Requirements ---------------------------------------- 2-18
Table 2-8 Commercial Zone Development Standards -------------------------------------------------------------- 2-22
Table 2-9 Commercial Zone Setback Encroachments -------------------------------------------------------------- 2-25
Table 2-10 Mixed Use Zones Allowed Uses and Permit Requirements ---------------------------------------- 2-30
Table 2-11 Mixed-Use Zone Development Standards -------------------------------------------------------------- 2-34
Table 2-12 Mixed-Use Zone Setback Encroachments -------------------------------------------------------------- 2-37
Table 2-13 Office and Industrial Zones Allowed Uses and Permit Requirements ---------------------------- 2-44
Table 2-14 Office and Industrial Zone Development Standards -------------------------------------------------- 2-48
Table 2-15 Office and Industrial Zone Setback Encroachments -------------------------------------------------- 2-51
Table 2-16 Special Purpose Zones Allowed Uses and Permit Requirements --------------------------------- 2-55
Table 2-17 Special Purpose Zone Development Standards ------------------------------------------------------- 2-56

FIGURES

Figure 2-1 Vertical Mixed-Use --------------------------------------------------------------------------------------------- 2-38

Figure 2-2 Horizonal Mixed-Use ------------------------------------------------------------------------------------------ 2-38

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

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2-iv July 2025 Santa Clara Zoning Code, Title 18

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

Chapter 18.10 – Residential Zones (R1, R2, R3, R4, R5, R6, UC, UV, HD
Flex)

1 For Article numbers

Sections
18.10.010 – Purposes of Residential Zones
18.10.020 – Land Uses and Permit Requirements
18.10.030 – Development Standards
18.10.040 – Other Applicable Regulations

18.10.010 – Purposes of Residential Zones

A. The purpose of this Chapter is to describe the character and intent of each of the City’s
residential zones, describe allowed land uses and permit requirements in residential zones,
identify any supplemental land use regulations applicable to residential zones, and establish
development standards for the same.
B. The purpose of the individual residential uses and the way they are applied are as follows:
1. Single-Family Residential Zone (R1-6L). The purpose of the R1-6L Single-Family Residential
Parcel Zone is to provide land areas for the construction, use, and occupancy of single-family
dwellings, secondary dwellings authorized by Government Code Section 65852.21, and
accessory dwelling units. It is the intent of this zone to protect and preserve the residential
characteristics of existing single-family neighborhoods and to promote a suitable environment
for family life. The residential density range for this zone is up to 10 dwelling units per acre.
This zone implements the Very Low-Density land use designation in the General Plan.
2. Single-Family Residential, Larger Parcel Zone (R1-8L). The purpose of the R1-8L Single-
Family Residential Larger Parcel Zone is to provide land areas for the construction, use, and
occupancy of single-family dwellings, secondary dwellings authorized by Government Code
Section 65852.21, and accessory dwelling units. It is the intent of this zone to preserve existing
large parcel residential areas and to promote and encourage a single-family residential
environment. The residential density range for this zone is up to 10 dwelling units per acre.
This zone implements the Very Low-Density land use designation in the General Plan.
3. Low-Density Residential Zone (R2). The purpose of the R2 Low Density Zone is to provide
land areas for the construction, use, and occupancy of single-family detached dwelling units, ,
secondary dwellings authorized by Government Code Section 65852.21, accessory dwelling
units, and two-family dwellings. It is the intent of this zone to maintain a residential character
similar to that found in single-family neighborhoods. The residential density range for this zone
is 8-19 dwelling units per acre. This zone implements the Low-Density land use designation in
the General Plan.

1
Santa Clara Zoning Code, Title 18 July 2025 2-1
Chapter 18.10 Residential Zones

4. Medium-Residential Density Zone (R3). The purpose of the R3 Medium-Low Residential

Density Zone is to provide land areas for the construction, use, and occupancy of two-family
dwellings, and multi-family dwellings (i.e., rowhouses, townhouses). It is the intent of this zone
to ensure compatibility of duplex-type development with surrounding multi- and single-family
dwellings and the local neighborhoods. The residential density range for this zone is 20-36
dwelling units per acre. This zone implements the Medium-Density land use designation in the
General Plan.
5. High-Density Residential Zone (R4). The purpose of the R4 High-Density Zone is to provide
land areas for the construction, use, and occupancy of multi-family dwellings (i.e., rowhouses,
townhouses, low-rise apartments). It is the intent of this zone to encourage development types
that use innovative site planning provide on-site recreational amenities and be located near
neighborhood commercial centers. The residential density range for this zone is 37-50 dwelling
units per acre. This zone implements the Medium-Density land use designation in the General
Plan.
6. Very-High-Density Residential Zone (R5) and Patrick Henry Very-High-Density
Residential Zone (PH-R5). The purpose of the R5 High- Density Zone and PH-R5 Patrick
Henry Very-High-Density Residential Zone is to provide land areas for the construction, use,
and occupancy of high density and intensity multi-family developments (i.e., low-rise, mid-rise,
and high-rise apartments and condominiums). It is the intent of this zone to encourage
development to use innovative site planning, provide on-site recreational amenities and be
located near major community facilities, business centers, transportation corridors, and/or
major thoroughfares. The residential density range for this zone is 51-99 dwelling units per
acre. This zone implements the High-Density land use designation in the General Plan.
7. Transit Neighborhood Residential Zone (R6). The purpose of the R6 Transit Neighborhood
Residential Zone is to provide land areas for the construction, use, and occupancy of high
density and intensity multi-family developments (i.e., mid-rise and high-rise apartments and
condominiums). It is the intent of this zone to encourage transit-oriented development that uses
innovative site planning to connect to existing and/or future transportation stations and transfer
points. Parcels designated R6 are meant to be located along major transit corridors or adjacent
to local and regional transit stops and stations. Projects in this zone should include on-site
amenities, recreational options, and access to employment centers. The residential density
range for this zone is 60-350 dwelling units per acre. This zone implements the High-Density
land use designation in the General Plan.
8. Urban Village (UV). The purpose of the UV Urban Village Zone is to accommodate transit-
oriented, multi-family residential development at very-high densities between 5-12 stories
within the Patrick Henry Specific Plan. These urban-scale developments feature pedestrian-
oriented facades and frontages. Urban Village developments include structured or below-grade
parking and shared outdoor spaces proximate to transit. The residential density range for this
zone is 100-149 dwelling units per acre. This zone implements the High-Density land use
designation in the General Plan.
9. Village Residential (VR). The purpose of the VR Village Residential Zone is to accommodate
multi-family residential development at very-high densities between 5-12 stories within the
Patrick Henry Specific Plan. The residential density range for this zone is 60-149 dwelling units
per acre. This zone implements the High-Density land use designation in the General Plan.
10. Urban Center (UC). The purpose of the UC Urban Center Zone is to accommodate transit-
oriented, multi-family residential development at very-high densities with no height limits except
those imposed by the FAA due to flight paths for the San Jose International Airport, within the
Patrick Henry Specific Plan These urban-scale developments feature pedestrian-oriented
facades and frontages. Urban Center developments include structured or below-grade parking
and shared outdoor spaces proximate to transit. The residential density range for this zone is
120-250 dwelling units per acre. Densities over 250du/acre may be allowed for the provision
of community benefits agreed upon with the City and formalized in a development agreement.
This zone implements the High-Density land use designation in the General Plan.

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

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

18.10.020 – Land Uses and Permit Requirements

A. Table 2-1 Residential Zone Allowed Uses and Permit Requirements. Table 2-1 indicates the uses
allowed within each residential zone and any permits required to establish the use, in compliance with
Article 6 (Permit Processing Procedures) and Article 7 (Zoning Code Administration).
B. Additional Regulations. Where the last column in the Table 2-1 includes a chapter or section number,
the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections
of this Zoning Code or SCCC may also apply.
C. Definitions. See Article 8 (Definitions) for land use definitions and explanations.
D. Zoning Clearance required. Each land use specified in the following land use table as allowed with a
“P” as a use permitted-by-right that includes construction activities (e.g., additions, alterations, new
construction, reconstruction, or remodeling) shall require the issuance of a Zoning Clearance in
compliance with Chapter 18.126 (Zoning Clearances).
E. Uses not Listed. Uses not listed below may be reviewed by the Director to determine if they are similar
to those listed and appropriate in this zone and if so, what type of permit is required, in compliance with
Section 18.04.040(Uses Not Classified).
F. Patrick Henry Specific Plan Uses. Uses applicable to the residential zones are located in Table 2-2
(Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements).
G. Temporary Uses. For all allowed temporary uses and specific standards see Chapter 18.122,
Temporary Use Permits.
Table 2-1
Residential Zones Allowed Uses and Permit Requirements
Residential Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use R1-6L R3 Additional
(see Article 8 for land use R2 R5 R6
definitions). R1-8L R4 Regulations
Residential Uses
Dwelling, Accessory P P P P
P Chapter 18.60.020
Units
Dwelling, Multifamily - P P P P
Dwelling, Single-Family P P - - -
Dwelling, Two-Family P P P - - Chapter 18.24
Employee Housing P P P P P
Home Occupations P P P P P Chapter 18.60.120
Live-Work Facilities - - MUP MUP MUP Chapter 18.60.130
Mobile Home Park - - CUP CUP -
Organizational Houses - - MUP MUP -
Rooming and/or
- - MUP MUP -
Boarding Houses
Supportive Housing P P P P P

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Chapter 18.10 Residential Zones

Table 2-1
Residential Zones Allowed Uses and Permit Requirements
Residential Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use R1-6L R3 Additional
(see Article 8 for land use R2 R5 R6
definitions). R1-8L R4 Regulations
Transitional Housing P P P P P
Human Services Uses
Assisted Living Facilities - - - CUP CUP Chapter 18.60.080
Child Day Care Homes,
P P P P P
Up to 14 Children
Residential Care
Facilities, six or fewer P P P P P
residents
Residential Care
Facilities, seven or more MUP MUP MUP MUP MUP
residents
Community Care
- CUP CUP CUP CUP
Facilities
Low-barrier Navigation - P P -
-
Centers
Emergency Shelters - - P P - Chapter 18.60.110
Recreation, Education, and Public Assembly Uses
Community Gardens P P P P P
Parks and Public Plazas P P P P P
Places of Assembly - CUP CUP CUP CUP
Public Schools P P P P -
Private Schools CUP CUP CUP CUP -
Utility, Transportation, and Communication Uses
Public Safety Facilities - - P P P
Wireless
Telecommunications
P P P P P Chapter 18.66
Facilities, Co-
location/Small Cell
Photovoltaic Systems P P P P P
Retail, Service, and Office Uses
Bed and Breakfast Inns P P CUP - - Chapter 18.60.050

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

Table 2-2
Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements
Residential Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use UV
(see Article 8 for land use PH-R5 VR UC Additional Regulations
definitions). HD-Flex
Residential Uses
Dwelling, Accessory
P P P P Chapter 18.60.020
Units
Dwelling, Multifamily P P P P
Dwelling, Single-Family - - - -
Dwelling, Two-Family - - - - Chapter 18.24
Employee Housing P P P P
Home Occupations P P P P Chapter 18.60.120
Live-Work Facilities MUP MUP MUP MUP Chapter 18.60.130
Mobile Home Park - - - -
Organizational Houses - - - -
Rooming and/or
- - - -
Boarding Houses
Supportive Housing P P P P
Transitional Housing P P P P
Human Services Uses
Assisted Living Facilities CUP CUP CUP CUP Chapter 18.60.080
Day Care Homes, Up to
P P P P
14 Children
Community Care Facility,
P P P P
Small
Community Care Facility,
CUP CUP CUP CUP
Large
Emergency Shelters - - - - Chapter 18.60.110
Recreation, Education, and Public Assembly Uses
Community Gardens P P P P
Parks and Public Plazas P P P P
Places of Assembly CUP CUP CUP CUP
Public Schools CUP CUP CUP CUP
Private Schools CUP CUP CUP CUP
Utility, Transportation, and Communication Uses
Public Safety Facilities P P P P
Wireless
Telecommunications
P P P P Chapter 18.66
Facilities, Co-
location/Small Cell
Retail, Service, and Office Uses
Bed and Breakfast Inns - - - - Chapter 18.60.050
Retail P P P P
Off-sale of alcohol P P P P
Restaurants, including P P P P
on-sale of alcohol
Bars CUP CUP CUP CUP
P P P P For Office Uses in the HD-Flex
Office
zone, see Table 2-5

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 Chapter 18.10 Residential Zones

18.10.030 – Residential Development Standards

A. Table 2-3 and 2-4 Residential Zone Development Standards. The intent of the residential
zone development standards table is to clearly and precisely establish the basic site and
structure regulations that apply to all developments in each of the residential zones. The table
also indicates where additional site and structure requirements, including, but not limited to,
off-street parking, landscaping, signage, fences and obstructions, and performance standards,
apply to residential zones.
B. Density. Maximum density standards shall be consistent with the General Plan or applicable
Master Plan, Specific Plan, or Area Plan.
C. Zoning Map. The boundaries, designations, and locations of the zones established by this
Zoning Code shall be shown upon the map(s) entitled "Zoning Map for City of Santa Clara "
and referred to in this Zoning Code as the Zoning Map. Any additional maps adopted shall also
be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map,
is hereby adopted in compliance with current State planning, zoning, and development laws.
Changes in the boundaries of any identified zones shall be made by ordinance in compliance
with Chapter 18.142 (Amendments).
D. For additional allowable uses pertaining to the HD-Flex Zone, see Table 2-5.

Table 2-3
Residential Zone Development Standards

Development Feature
Additional
(minimum unless otherwise R1-6L R1-8L R2 R3 R4 R5 R6
Regulations
indicated)
Parcel Area (minimum) area required for each NEWLY CREATED parcel.
Parcel Area 6,000 8,000 7,000 8,500 8,500 10,000 None
Street Frontage (feet)
60 70 50 60 70 70 None
Structure Coverage (maximum percentage)
Parcel Area (less than 10,000
sq. ft.) 40% 40% 45% 60% 80% None None

Parcel Area (10,000 sq. ft. or

greater) 40% 40% 45% None None None None

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

Table 2-3
Residential Zone Development Standards

Development Feature
Additional
(minimum unless otherwise R1-6L R1-8L R2 R3 R4 R5 R6
Regulations
indicated)
Setbacks (minimum) -Property lines are measured in feet, with those adjacent to the street measured from the face of
the curb., adopted plan line, or edge of right-of-way.
Front Section 18.30.050
20 20 15 10 10 10 10
Front, second story
25 25 n/a n/a n/a n/a n/a
Side, Corner
10 10 10 10 15 15 15
Side, corner second
story 15 15 n/a n/a n/a n/a n/a

Side, Interior Section 18.10.040(B)

5 6 and 9 5 5 10 10 10
Section 18.30.050
Side, interior, second
11 and
story 10 n/a n/a n/a n/a n/a
14
Rear, single-story
20 20 10 10 20 20 20 Section 18.30.050
Rear, multi-story
20 20 15 15 20 20 20 Section 18.30.050
Length of driveway
G 20 20 20 20 20 20 20
approach
Height (maximum) measured in feet
Height (within 20 feet of
the R1-6L, R1-8L, and 25 25 32 32 32 32 32 Section 18.30.040
R2 zones)
H Height (all other zones) 25 25 32 40 80 100 200 Section 18.30.040
Number of Stories (maximum)
Number of Stories and the All structures adjacent to R1 and R2 zones shall include a 45-degree
Daylight Plane daylight plan off the property line to implement a compatible transition
between structures.
Number of Stories 2 2 2 4 8 10 20
Gross Residential Density (minimum to maximum) shown in number of dwelling units per acre
Allowable Density 0.1-10 0.1-10 8-19 20-36 37-50 51-99 85-350

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 Chapter 18.10 Residential Zones

Table 2-3
Residential Zone Development Standards

Development Feature
Additional
(minimum unless otherwise R1-6L R1-8L R2 R3 R4 R5 R6
Regulations
indicated)
Recreation Space for Multi-Family Dwellings (minimum) measured in square feet per dwelling unit
Private Recreation Space
(required for a minimum of 50 None None None 60 60 40 40
percent of units)
Common Recreation Space
(per unit) None None None 200 200 200 200

Additional Regulations
Residential Accessory
Chapter 18.32
Structures
Density Bonus and
Chapter 18.64
Affordable Housing
Fences, Walls, Hedges, and
Chapter 18.34
Screens
Landscaping Standards Chapter 18.36
Off-Street Parking
Regulations and Design Chapter 18.38
Standards
Performance Standards Chapter 18.40
Sign Standards Chapter 18.42

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

Table 2-4
Patrick Henry Residential Zone Development Standards

Development Feature
HD
(minimum unless otherwise PH-R5 UV VR UC Additional Regulations
Flex
indicated)
Parcel Area (minimum) area required for each NEWLY CREATED parcel.
Parcel Area 10,000 10,000 10,000 8,500 8,500
Street Frontage (feet)
70 70 70 60 70
Structure Coverage (maximum percentage)
Parcel Area (less than 10,000
sq. ft.) None None None None None

Parcel Area (10,000 sq. ft. or

greater) None None None None None

Setbacks (minimum) - Setback lines are measured from the back of walk.
Residential (front, side
corner and interior) 10 10 10 10 10

Mixed-Use (front, side

corner and interior) 0 0 0 0 0

Office (front, side corner and

interior) 0 0 0 0 0

Setback Encroachments
(i.e., awning, balconies, Setback encroachments are allowed per the quantitative
stoops) standards of the PHD plan.

Height (maximum) measured in feet

Height (within 20 feet of the
32 32 32 32 32 Section 18.30.040
R1-6L, R1-8L, and R2 zones)
Height (all other zones) 135 160 160 FAA 160 Section 18.30.040
Number of Stories (maximum)
Number of Stories (all other
zones) 10 12 12 FAA 12

Gross Residential Density (minimum to maximum) shown in number of dwelling units per acre
Allowable Density 51-99 100-149 60-149 120-250 60-149
Recreation Space for Multi-Family Dwellings (minimum) measured in square feet per dwelling unit
Private Recreation Space
(required for a minimum of 50 Per the PDO and PHD plan
percent of units)
Common Recreation Space
(per unit) Per the PDO and PHD plan

Additional Regulations
Residential Accessory
Chapter 18.32
Structures
Density Bonus and
Chapter 18.64
Affordable Housing
Fences, Walls, Hedges, and
Chapter 18.34
Screens
Landscaping Standards Chapter 18.36

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 Chapter 18.10 Residential Zones

Table 2-4
Patrick Henry Residential Zone Development Standards

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

Table 2-5
Office and Industrial Uses, HD Flex Zone Allowed Uses and Permit
Requirements
Office and Industrial Uses, HD Flex Zone
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.124)
CUP Conditional Use Permit (Chapter 18.124)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use HD-Flex Additional Regulations
definitions).
Residential Uses
Caretaker housing CUP
Transitional housing facilities -
Human Services Uses
Community care facilities, small -
Community care facilities, large -
Emergency shelters - Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and mausoleums –
Crematories –
Fitness facilities P
Parks and public plazas P
Public schools CUP
Private schools CUP
Public/private colleges and –
universities
Equipment/machine/vehicle CUP
training facilities
Vocational/trade schools –
Vehicle Oriented Uses
Mobile Fueling Delivery -
Utility, Transportation, and Communication Uses
Parking facilities CUP
Wireless telecommunications
facilities and towers, co- P Chapter 18.66
location/small cell
Wireless telecommunication
facilities and towers, minor MUP Chapter 18.66
(less than 70 feet)

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

Table 2-5
Office and Industrial Uses, HD Flex Zone Allowed Uses and Permit
Requirements
Office and Industrial Uses, HD Flex Zone
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.124)
CUP Conditional Use Permit (Chapter 18.124)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use HD-Flex Additional Regulations
definitions).
Wireless telecommunication
facilities and towers, major (70 CUP Chapter 18.66
feet or higher)
Park and ride facilities P
Broadcasting and recording -
studios
Fuel storage and distribution -
centers
Transit stations and terminals P
Utility facilities and
CUP
infrastructure
Retail, Service, and Office Uses
Ambulance Services P
Banks and Financial
P
Establishments, General
Banks and Financial
Establishments, Stand-alone P
ATM
Business Support Centers P
Call Centers P
Data Centers CUP Section 18.60.090
Data Centers, Ancillary P Section 18.60.090
Equipment Sales and Rental
P
Facilities
Hotels and Motels P
Kennels -
Maintenance and Repair
P
Services
Medical Services P
Mobile Food Vendors P/MUP 18.60.280
Offices P
Outdoor Dining and Seating Section 18.16.040(B)
P
(Ancillary) Section 18.60.140
Personal Services (Ancillary) P Section 18.16.040(B)
Restaurants (Ancillary) P Section 18.16.040(B)
Retail Establishments
P Section 18.16.040(B)
(Ancillary)

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Chapter 18.10 Residential Zones

18.10.040 – Other Applicable Regulations

In addition to the standards specified in Article 3 (Site Planning and General Development Standards) and
Article 4 (Standards for Specific Land Uses), the following other regulations shall be applicable in the
specified residential zones:
A. General Residential Regulations.
1. Development Standards.
a. Minimum Parcel Size and Frontage. Notwithstanding the provisions of
Section 18.10.030 (Residential Development Standards), the following shall
apply:
(1) The required area of any parcel, as shown on a parcel or final subdivision
map approved before the effective date of this ordinance, that is less than the
minimum parcel area required for the zone in which the parcel is located, but
is not less than 3,000 square feet, shall be the area shown for the parcel on
the approved parcel or subdivision map.
(2) The required frontage of any parcel, as shown on a parcel or final
subdivision map approved before the effective date of this ordinance, that is
less than the minimum parcel frontage required for the zone in which the parcel
is located, but is not less than 45 feet, shall be the frontage shown for the
parcel on the approved parcel or subdivision map.
b. Setback Areas Shall be Kept Open. Except as provided in Subsection a
above, or as otherwise expressly and specifically provided in this Zoning Code,
every part of every setback area in a residential zone shall be kept open,
unobstructed, and unoccupied on the surface of the ground, above the surface
of the ground, and below the surface of the ground by all structures except
those allowable encroachments identified in Table 2-6 (Residential Zone
Setback Encroachments).
2. Common Living Area Requirements. For dwelling units, the minimum percentage of
a dwelling devoted to common living area is twenty-five percent (25%).

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

Table 2-6
Residential Zone Setback Encroachments

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

3. Driveway Approach. Minimum driveway apron length applies only to driveways

providing access from a public street to a garage that serves a single dwelling unit or
a two-dwelling unit.
4. Citywide Annual Cleanup Curbside Storage Exception. The storing of household
items typically used in the interior of a dwelling, including but not limited to ping pong
tables, refrigerators, washing machines, sinks, stoves, heaters, boilers, tanks,
mattresses, swimming pools, tables, sofas, couches or futons, upholstered chairs, and
indoor carpets, but excluding furniture expressly designed for outdoor use, is
prohibited. During the City’s Citywide cleanup campaign, this prohibition does not apply
during the applicable clean-up period for the subject parcel.
5. Exceptions and Reductions of Parking Requirements. For parking reduction
standards in residential zones see Section 18.38.040 (Exceptions and Reductions to
Parking Requirements).
6. Parking. Except as expressly allowed in this Chapter, required parking shall not be
provided in the required front or side corner setbacks.
7. Parking Surface. Parking areas in the front setback shall be limited to a continuously
paved or all-weather surfaces (i.e., concrete, asphalt, brick, pavers, stone, or gravel),
which are directly accessible from the driveway approach. All-weather surfaces do not
include landscaping ground cover materials, such as, mulch, wood chips, or bark.

Santa Clara Zoning Code, Title 18 July 2025 2-13

Chapter 18.10 Residential Zones

8. Pavement Limitation. In the R1-6L, R1-8L, and R2 zones, not more than 65 percent
of the required front setback of any parcel be paved with asphalt, cement, pavers,
brick, gravel, crushed granite, or any other all-weather surface.
9. Parking and Storage of Commercial Vehicles. The parking or storage of any
commercial vehicle is prohibited on any parcel in a residential zone, except while
loading, unloading, or providing a commercial service to a resident of that parcel.
10. Wireless Telecommunication Facilities. For height exceptions for Wireless
Telecommunications Facilities see Chapter 18.66.
11. Accessory Structures in Single-Family and Duplexes. Accessory structures shall
maintain setbacks in accordance with Chapter 18.32 (Residential Accessory
Structures).
B. Specific Residential Regulations.
1. R1-8L Parcels. Parcels shall have two side yards, one having a width of not less than
six feet on one side and nine feet on the opposite side. Notwithstanding the above, the
side setback on the street side of each corner parcel, exclusive of the front setback,
shall not be less than 15 feet in width. A minimum 35 percent of the street side setback
shall be permanently maintained as landscaped area.
2. Accessory Structures.
a. Second Story. Second stories are only allowed on accessory structures if the
maximum height of the second story wall is four feet in height or less for the
second-floor plate. This would equate to a one and one-half story accessory
structure.
b. Design Consistency. Exterior materials and cladding do not need to be
consistent with the primary structure.
c. Attached Accessory Structure Setbacks. Attached accessory structures are
subject to the same setbacks as the primary structure.
3. Primary Structures.
a. Basement Wall Height. The basement wall height shall not exceed four feet
in height above the finished grade.
b. Reconstruction Standards. In the event of a fire or other natural disaster (i.e.,
flood, earthquake, etc.) the home is allowed to be constructed to the previous
structure footprint and setbacks, as a nonconforming structure (See Article 5
(Nonconformities)). Any changes to the structure footprint and setbacks shall
require that the structure comply with current zoning development standards
and regulations.
4. Porches and Stairs.
a. Unenclosed porches, whether covered or uncovered, which have a finished
floor no more than 56 inches above surface grade shall not encroach more
than six feet into the front setback.
b. Uncovered and unenclosed steps or stairs providing access to a porch or
structure entry with a finished floor no more than 56 inches above surface
grade shall maintain a minimum setback of 10 feet for the R1-6L and R1-8L
zones, and a minimum two-foot setback for R2, R3, and R4 zones.
5. Townhouses in R-2 and R-3 districts. Townhouses that have frontage on a public
street are required to have their front door on the front elevation.

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

C. R6 Non-Residential Ground Floor Uses

Table 2-7
R6 Transit Neighborhood District Non-Residential Ground Floor Uses

R6 Non-Residential Uses
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use
Additional Regulations
definitions). R6

Human Services Uses

Child Day Care Facilities P Section 18.60.070, Note 1
Child Day Care Homes, Up to 14
P Note 1
Children
Recreation, Education, and Public Assembly Uses
Commercial Recreation
P
Facilities, Indoor
Commercial Recreation
P
Facilities, Outdoor
Fitness Facilities P
Libraries P
Museums P
Parks and Public Plazas P
Places of Assembly P
Pre-schools, Nursery Schools P Note 1
Public Schools P
Private Schools CUP
Public/Private Colleges and
P
Universities
Theaters and Auditoriums P
Vocational/Trade Schools P
Utility, Transportation, and Communication Uses
Parking Structures CUP
Diesel Back-up Generators P Section 18.60.260
Photovoltaic Systems P
Retail, Service, and Office Uses
Alcoholic Beverage Sales and
P Section 18.60.040
Service
Ambulance Services CUP
Animal Sales and Grooming
P
Facilities
Banks and Financial
P
Establishments, General
Banks and Financial
Establishments, Stand-alone P
ATM
Bars CUP
Business Support Centers P

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Chapter 18.10 Residential Zones

Table 2-7
R6 Transit Neighborhood District Non-Residential Ground Floor Uses

R6 Non-Residential Uses
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use
Additional Regulations
definitions). R6

Catering Companies P
Co-working space P Note 1
Equipment Sales and Rentals P
Garden Centers/Plant Nurseries P
Hotels and Motels CUP
Kennels CUP
Live Entertainment, Incidental P
Live Entertainment, Standalone
CUP Section 18.12.040(A)(5)
Uses
Maintenance and Repair
P
Services
Medical Services, General P
Mobile Food Vendors P/MUP 18.60.280
Nightclubs CUP
Offices P Note 1
Outdoor Displays and Sales CUP Section 18.60.150
Outdoor Dining and Seating P Section 18.60.140
Outdoor Walk-up Facility P Appurtenant to a retail use
Personal Services P
Personal Services, Restricted MUP Section 18.60.170
Restaurants P
Retail Establishments
General, Small Format P
General, Medium Format MUP
General, Large Format CUP
Smoke Shops CUP
Smoking Lounges MUP Chapter 8.37
Veterinary Facilities MUP
Neighborhood Light Industrial Uses
Printing and Publishing Facilities P
Wineries, Distilleries, Breweries,
P
and Micro-Breweries
Garment manufacturing P
Artists’ Studios P
Note 1: This use is also allowed on the second and third floors of mixed-use buildings.

D. Existing Buildings and Uses.

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

1. Notwithstanding any other provision in this chapter, the lawful use of buildings existing
prior to the adoption of this chapter may continue, and shall continue to be governed
by the standards of the prior zoning (including any re-tenanting, maintenance, repair,
replacement, modification, expansions and restoration in the event of casualty), until
such time as (1) the existing building in its entirety is demolished voluntarily (unless for
the purposes of implementing maintenance, repair, replacement, expansion or
restoration in the event of casualty), and/or (2) the existing use (including any
expansions) has been discontinued in its entirety or is replaced with a use not permitted
in the prior zoning regulations but permitted or conditionally permitted by this chapter,
at which time the prior zoning shall become inapplicable and the other sections of this
chapter shall apply from that point forward.
2. Allowed Uses. For parcels with legal uses of buildings existing prior to the adoption of
this chapter, permitted uses of the prior zoning district are allowed, and none of the
other sections of this chapter shall apply to such building and use, until such time as
the existing use (including any re-tenanting, maintenance, repair, replacement,
modification, expansions and restoration in the event of casualty) has been
discontinued in its entirety as set forth in subsection (a) of this section.
3. Conditional Uses. For parcels with legal uses of buildings existing prior to the
adoption of this chapter, conditional uses of the prior zoning district are conditionally
permitted, and none of the other sections of this chapter shall apply, until such time as
the existing use (including any re-tenanting, maintenance, repair, replacement,
modification, expansions and restoration in the event of casualty) has been
discontinued in its entirety as set forth in subsection (a) of this section.
4. Development Standards. For parcels with legal uses of buildings existing prior to the
adoption of this chapter, development standards of the prior zoning district shall apply,
and none of the other sections of this chapter shall apply, until such time as the existing
use (including any re-tenanting, maintenance, repair, replacement, modification,
expansions and restoration in the event of casualty) has been discontinued in its
entirety as set forth in subsection (a) of this section.
E. Transition Standards.
1. Maximum Height Adjacent to Residential. Building Height Limits Abutting Residential
Zoning Districts, 45-degree Daylight Plane height transitions are required for any new
development adjacent to single family and duplex residential zoning districts,
measured from the property line. Rear property line daylight planes extend 40 feet from
the rear property line; side property line daylight planes start at 15 feet above grade
and extend the full height of the building. See Figures 2-1 and 2-2.

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Chapter 18.10 Residential Zones

Figure 2-1
Rear Property Line Daylight Plane

Figure 2-2
Side Property Line Daylight Plane

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

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

Sections
18.12.010 – Purpose of Commercial Zones
18.12.020 – Commercial Land Uses and Permit Requirements
18.12.030 – Development Standards
18.12.040 – Other Applicable Regulations

18.12.010 – Purpose of Commercial Zones

A. The purpose of the individual commercial uses and the way they are applied are as follows:
The purpose of this Chapter is to describe the character and intent of each of the City’s
commercial zones, describe allowed land uses and permit requirements in commercial zones,
identify any supplemental land use regulations applicable to commercial zones, and establish
development standards for the same. This Chapter does not apply to the Downtown zone, the
standards for which are set forth separately in Chapter 18.26.
B. The purpose of the individual commercial uses and the way they are applied are as follows:
1. Commercial-Neighborhood Zone (C-N). The purpose of the C-N Commercial-
Neighborhood Zone is to provide land areas for the construction, use, and occupancy
of a broad range of neighborhood-serving commercial uses. It is the intent of this zone
to encourage the development of neighborhood shopping centers that focus on
neighborhood amenities including grocery stores, coffee shops, cafes, local-serving
offices, and drug stores. The maximum Floor Area Ratio (FAR) is 0.5. This zone
implements the Neighborhood Commercial land use designation in the General Plan.
2. Community-Commercial Zone (C-C). The purpose of the C-C Community-
Commercial Zone is to provide land areas for the construction, use, and occupancy of
a broad range of community-serving uses. It is the intent of this zone to encourage the
development of commercial shopping centers that focus on community amenities
including grocery stores, restaurants, banks, professional offices, and vehicle fueling
stations. The maximum Floor Area Ratio (FAR) is 0.8. This zone implements the
Community Commercial land use designation in the General Plan.
3. Commercial-Regional Zone (C-R). The purpose of the C-R Commercial-Regional
Zone is to provide land areas for the construction, use, and occupancy of a broad range
of commercial uses ranging from regional-serving to large-scale commercial centers.
It is the intent of this zone to encourage the development of unique commercial
shopping environments that serve as a node of commercial and entertainment activity
and attract visitors and shoppers from outside the City. The maximum Floor Area Ratio
(FAR) is 1.0. This zone implements the Regional Commercial land use designation in
the General Plan.
C. Although the commercial zones are intended for commercial uses, pursuant to state law,
certain types of multifamily residential developments may also be authorized, as described in
more detail in Section 18.12.040.A.7.

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Chapter 18.12 Commercial Zones

18.12.020 – Commercial Land Uses and Permit Requirements

A. Table 2-7 Commercial Zone Allowed Uses and Permit Requirements. Table 2-7 indicates
the uses allowed within each commercial zone and any permits required to establish the use,
in compliance with Article 6 (Permit Processing Procedures) and Article 7 (Zoning Code
Administration).
B. Additional Regulations. Where the last column in the Table 2-7 includes a chapter or section
number, the regulations in the referenced chapter or section shall apply to the use. Provisions
in other sections of this Zoning Code and City Code may also apply.
C. Definitions. See Article 8 (Definitions) for land use definitions and explanations.
D. Zoning Clearance required. Each land use specified in the following land use table as allowed
with a “P” as a use permitted-by-right that involves/contains construction activities (e.g.,
additions, alterations, constructions, reconstruction, or remodeling) shall require the issuance
of a Zoning Clearance in compliance with Chapter 18.126 (Zoning Clearance).
E. Uses not Listed. Uses not listed below may be reviewed by the Director to determine if they
are similar to those listed and appropriate in this zone and if so, what type of permit is required,
in compliance with Section 18.04.040 (Uses Not Classified).
F. Temporary Uses. For all allowed temporary uses and specific standards see Chapter 18.122,
Temporary Use Permits.

Table 2-8
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use
C-N C-C C-R Additional Regulations
definitions).

Residential Uses
Caretaker Housing - P P Section 18.60.060
Dwelling, Multifamily MUP MUP MUP Section 18.12.040(A)(7)
Employee Housing - - -
Home Occupations - - - Section 18.60.120
Live-Work Facilities MUP MUP MUP Section 18.60.130
Single-Room Occupancy (SRO)
- P P
Facilities
Supportive Housing - - P
Transitional Housing Facilities - - P
Human Services Uses
Assisted Living Facilities - CUP - Section 18.60.080
Child Day Care Facilities P P P Section 18.60.070
Residential Care Facilities, six or
P P P
fewer residents
Residential Care Facilities,
MUP MUP MUP
seven or more residents
Community Care Facilities CUP CUP CUP
Child Day Care Homes, Up to 14
- - -
Children
Low-barrier Navigation Centers P P
Emergency Shelters - P P Section 18.60.110

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

Table 2-8
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use
C-N C-C C-R Additional Regulations
definitions).

Recreation, Education, and Public Assembly Uses

Cemeteries and Mausoleums - CUP -
Commercial Recreation
CUP P P
Facilities, Indoor
Commercial Recreation
Facilities, Outdoor
- P P
Fitness Facilities MUP P P
Libraries P P P
Mortuaries and Funeral Homes - P P
Museums - P P
Parks and Public Plazas P P P
Recreational Vehicle Parks - - CUP
Places of Assembly P P P
Public Schools P P P
Private Schools CUP CUP CUP
Public/Private Colleges and
P P P
Universities
Theaters and Auditoriums - P P
Vocational/Trade Schools P P P
Utility, Transportation, and Communication Uses
Broadcasting and Recording
- P P
Studios
Parking Structures - CUP CUP
Public Safety Facilities P P P
Wireless Telecommunication
Facilities and Towers, Co- P P P Chapter 18.66
location/Small Cell
Wireless Telecommunication
Facilities and Towers, Minor MUP MUP MUP Chapter 18.66
(less than 70 feet)
Wireless Telecommunication
Facilities and Towers, Major (70 CUP CUP CUP Chapter 18.66
feet or higher)
Transit Stations and Terminals - CUP CUP
Utility Facilities and
CUP CUP CUP
Infrastructures
Diesel Back-up Generators P P P Section 18.60.260
Photovoltaic Systems P P P
Retail, Service, and Office Uses
Adult Businesses Uses - - CUP Chapter 18.62
Alcoholic Beverage Sales and
P P P Section 18.60.040
Service
Ambulance Services - CUP CUP
Animal Sales and Grooming
P P P
Facilities
Banks and Financial
P P P
Establishments, General

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Chapter 18.12 Commercial Zones

Table 2-8
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use
C-N C-C C-R Additional Regulations
definitions).

Banks and Financial

Establishments, Stand-alone P P P
ATM
Bars CUP CUP CUP
Bed and Breakfast Inns CUP - - Chapter 18.60.050
Building Material Stores and
- P P
Yards
Business Support Centers P P P
Drive-in/Drive-through
CUP CUP CUP Section 18.60.100
Establishments
Equipment Sales and Rentals - P P
Garden Centers/Plant Nurseries - P P
Hotels and Motels CUP CUP CUP
Kennels - CUP CUP
Live Entertainment, Incidental P P P
Live Entertainment, Standalone
MUP/CUP MUP/CUP MUP/CUP Section 18.12.040(A)(5)
Uses
Maintenance and Repair
- P P
Services
Medical Services, General P P P
Mobile Food Vendors P/MUP P/MUP P/MUP 18.60.280
Nightclubs CUP CUP CUP
Offices P P P
Outdoor Displays and Sales MUP CUP CUP Section 18.60.150
Outdoor Dining and Seating MUP MUP MUP Section 18.60.140
Personal Services P P P
Personal Services, Restricted - MUP MUP Section 18.60.170
Restaurants P P P
Retail Establishments
General, Small Format P P P
General, Medium Format - MUP MUP
General, Large Format - CUP CUP
Smoke Shops - CUP CUP
Smoking Lounges - MUP CUP Chapter 8.37
Veterinary Facilities - MUP P
Vehicle Oriented Uses
Car Wash and Detailing
- CUP MUP
Facilities, Full-Service
Car Wash and Detailing
- MUP P
Facilities, Self-Service
Mobile Fueling Delivery P P P
Vehicle Service Stations - MUP CUP Section 18.60.220
Vehicle Rental Facilities, General - CUP MUP
Vehicle Rental Facilities, Limited - P P
Vehicle Rental Facilities, Office
P P P
Only

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

Table 2-8
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use
C-N C-C C-R Additional Regulations
definitions).

Vehicle Sales Facilities, General - - CUP Section 18.60.210

Vehicle Sales Facilities, - CUP CUP
Section 18.60.210
Wholesale
Vehicle Repair Facilities, Minor - - P Section 18.60.200
Vehicle Repair Facilities, Major - CUP CUP Section 18.60.200
Vehicle Parts Sales - P P
Industrial, Manufacturing, and Processing Uses
Personal Storage Facilities - - CUP
Printing and Publishing Facilities - P P
Wineries, Distilleries, Breweries,
- MUP MUP
and Micro-Breweries

18.12.030 – Commercial Development Standards

A. Table 2-8 Commercial Zone Development Standards. The intent of the commercial zone
development standards table establishes the basic site and structure regulations that apply to
all developments in each of the commercial zones. The table also indicates where additional
site and structure requirements, including, but not limited to, off-street parking, landscaping,
signage, fences and obstructions, and performance standards, apply to residential zones.
B. Zoning Map. The Boundaries, designations, and locations of the zones established by this
Zoning Code shall be shown upon the map(s) entitled “Zoning Map for City of Santa Clara” and
referred to in this Zoning Code.

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Chapter 18.12 Commercial Zones

Table 2-9
Commercial Zone Development Standards

Development Feature
Additional
(minimum unless otherwise C-N C-C C-R
Regulations
indicated)
Parcel Area (minimum) area required for each NEWLY CREATED parcel.
Parcel Area 7,000 sq. ft 15,000 sq. ft. 1 acre
Street Frontage (feet) 70 80 100
Setbacks (minimum) -Property lines are measured in feet, with those adjacent to the street
measured from the face of the curb, adopted plan line, or edge of right-of-way.
Front 10 10 15 Section 18.30.050
Side, Corner
10 10 15
Section 18.30.050
Side, Interior (adjacent Section
to R1 and R2 zones) 10 10 10 18.12.040(A)(2)
Section 18.30.050
Side, Interior (adjacent
0 0 0 Section 18.30.050
to all other zones)
Rear, Single-Story Section
(adjacent to R1 and R2 10 10 10 18.12.040(A)(2)
zones) Section 18.30.050
Rear, Multi-Story Section
(adjacent to R1 and R2 15 20 20 18.12.040(A)(2)
zones) Section 18.30.050

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

Table 2-9
Commercial Zone Development Standards

Development Feature
Additional
(minimum unless otherwise C-N C-C C-R
Regulations
indicated)
Rear (adjacent to all
10 10 10 Section 18.30.050
other zones)
Height (maximum) measured in feet
Height and the Daylight All structures adjacent to R1 and R2 zones
Plane shall include a 45-degree daylight plan off
the property line to implement a compatible
transition between structures.
Height 32 50 80 Section 18.30.040
Maximum Number of Stories 3 4 5
Maximum Floor Area Ratio
0.5 0.8 1.0
(FAR)
Additional Regulations
Residential Accessory
Chapter 18.32
Structures
Density Bonus and
Chapter 18.64
Affordable Housing
Fences, Walls, Hedges, and
Chapter 18.34
Screens
Landscaping Standards Chapter 18.36

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Chapter 18.12 Commercial Zones

Table 2-9
Commercial Zone Development Standards

Development Feature
Additional
(minimum unless otherwise C-N C-C C-R
Regulations
indicated)
Off-Street Parking
Regulations and Design Chapter 18.38
Standards
Performance Standards Chapter 18.40
Sign Standards Chapter 18.42
Solid Waste Enclosures Section18.30.060

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

18.12.040 – Other Applicable Regulations

In addition to the standards specified in Article 3 (Site Planning and General Development Standards)
and Article 4 (Standards for Specific Land Uses), the following regulations shall be applicable in the
specific commercial zones:
A. General Commercial Regulations.
1. Development Standards.
a. Minimum Parcel Size and Frontage. Notwithstanding the provisions of
Section 18.12.030 (Commercial Development Standards), the following shall
apply:
(1) For any parcel whose area, as shown on a parcel or final subdivision map
approved before the effective date of this ordinance that is less than the
minimum parcel area required for the zone in which the parcel is located, but
is not less than 3,000 square feet, the required parcel area shall be the area
shown for the parcel on the approved parcel or subdivision map.
(2) For any parcel whose frontage, as shown on a parcel or final subdivision
map approved before the effective date of this ordinance that is less than the
minimum parcel frontage required for the zone in which the site is located, but
is not less than 45 feet, the required frontage shall be the frontage shown for
the parcel on the approved parcel or subdivision map.

Table 2-10
Commercial Zone Setback Encroachments

Maximum Allowed
Improvement Setback Area
Encroachment

Attached signs 8 feet or more above

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

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

Santa Clara Zoning Code, Title 18 July 2025 2-25

Chapter 18.12 Commercial Zones

line daylight planes extend 40 feet from the rear property line; side property
line daylight planes start at 15 feet above grade and extend the full height of
the building. See Figures 2-1 and 2-2.

b. Maximum Height Across the Street from Residential. The following applies
to portions of a development directly opposite a residentially zoned property
where the street is less than 65 feet wide.
(1) Wall plates and heights shall be no taller than one story above the
maximum height allowed in the opposing residential zone.
(2) Uses shall be located entirely within structures occupied by the primary
use. Building heights shall step up away from the street following a 45-degree
Daylight Plane measured from the top of the building facade/wall plate.
3. Hotel and Motel Uses. Hotel and motel uses are allowed in all commercial zones north
of the Caltrain Corridor, at a maximum FAR of 2.0, provided that the property is
annexed to a Community Facilities Assessment District, or similar district, and that the
use is compatible with planned uses on neighboring properties.
4. Vehicle Parking. Vehicle parking shall not be allowed in any front setback.
5. Live Entertainment, Standalone Use. Live Entertainment that meets the following
separation and operation requirements requires the approval of a Minor Use Permit by
the Review Authority. All other Live Entertainment venues that do not meet the
following separation and operation requirements and/or are located outdoors shall
require the approval of a Conditional Use Permit by the Commission.
a. Shall be located a minimum of 150 feet from all residential.
b. Shall be conducted within an enclosed structure.
c. Shall be restricted to hours of operations between 11:00 AM to 12:00 AM
(Midnight).
6. Wireless Telecommunication Facilities. For height exceptions for Wireless
Telecommunications Facilities see Chapter 18.66.
7. Multi-Family Residential Development in Commercial Zones. Multi-family
residential construction may be authorized in commercial zones for developments
meeting the following requirements:
a. Senate Bill 6 (2022) (SB 6): Multifamily developments meeting the
requirements of Government Code Section 65852.24, as may be amended,
are permitted in the commercial zones, subject to the following.
(1) The project complies with prevailing wage labor requirements pursuant to
Government Code § 65852.24.
(2) Project sites shall be 20 acres or less in size.
(3) The project site shall not be located on or adjacent to a site where more
than 1/3 of the square footage on the site is dedicated to a classified industrial
use per the City Code.
(4) Applicable multi-family residential developments shall consist of only
housing/residential or may be comprise of a mixed-use project where at least
50 percent of the floor area is dedicated to residential uses.
(5) The density of the multi-family residential project shall be at least 30
dwelling units per acre.

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

b. Assembly Bill 2011 (2022) (AB 2011): Multifamily developments meeting the
requirements of Government Code Section 65912.100 et seq., as may be
amended, are permitted in the commercial zones, subject to the following.
(1) Proposed projects shall comprise five or more units for sale and/or rent.
(2) At least 75 percent of the project site shall adjoin parcels developed with
urban uses as defined in AB 2011.
(3) The project site shall not be located on or adjacent to a site where more
than 1/3 of the square footage on the site is dedicated to a classified industrial
use per the City Code.
(4) Applicable vacant sites shall not contain tribal cultural resources and shall
not be located within a designated very-high fire hazard severity zone.
(5) Development per AB 2011 is prohibited on sites governed by mobile
home/recreational vehicle laws or by the Special Occupancy Parks Act.
(6) For project sites located within a neighborhood plan, specific plan, area
plan, urban village, precise plan, or master plan adopted by January 1, 2024,
the designated plan shall allow multi-family residential development.
(7) Projects shall not be located within 500 feet of a designated freeway or
highway.
(8) Projects shall not be located within 3,200 feet of an active oil or gas
refinery.
(9) All other site/development requirements as prescribed by AB 2011 are
required prior to project approval.
(10) The density of the multi-family residential project shall be at least
30 dwelling units per acre.
(11) The Project shall meet all development standards of the
residential zone corresponding to the residential density of the Project. If more
than one residential zoning designation allows for housing with the Project
density, the applicable development standards shall be the standards that
apply to the closest parcel that allows residential use at the Project density.

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Chapter 18.12 Commercial Zones

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

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

MU-VHD)

Sections
18.14.010 – Purpose of Mixed Use Zones
18.14.020 – Mixed-Use Land Uses and Permit Requirements
18.14.030 – Development Standards
18.14.040 – Other Applicable Regulations

18.14.010 – Purpose of Mixed Use Zones

A. The purpose of this Chapter is to describe the character and intent of the City’s mixed-use
zones, describe allowed land uses and permit requirements in mixed-use zones, identify any
supplemental land use regulations applicable to mixed-use zones, and establish development
standards for the same.
B. The purpose of the individual mixed-use uses and the way they are applied are as follows:
1. Mixed Use – Neighborhood Commercial (MU-NC). The purpose of the MU-NC
Mixed Use Neighborhood Commercial Zone is to provide land areas for the
construction, use, and occupancy for pedestrian oriented developments that focus on
neighborhood-serving commercial uses (e.g., coffee shops, grocery stores, retail
establishments). It is the intent of this zone to provide a mix of residential and
commercial uses, with residential on the upper floors and commercial on the lower
floors, as well as, stand-alone uses in certain circumstances. This zone has a minimum
FAR of 0.1. The allowable residential density range is 20-36 dwelling units per acre.
2. Mixed Use – Community Commercial (MU-CC). The purpose of the MU-CC Mixed
Use Community Commercial Zone is to provide land areas for the construction, use,
and occupancy for pedestrian- oriented developments that focus on community-
serving commercial uses (e.g., grocery stores, banks, pharmacies, restaurants, retail
establishments). It is the intent of this zone to provide a mix of residential and
commercial uses, with residential on the upper floors and commercial and office on the
lower floors, as well as, stand-alone uses in certain circumstances. This zone does not
have a minimum FAR. The allowable residential density range is 20-36 dwelling units
per acre.
3. Mixed Use – Regional Commercial (MU-RC). The purpose of the MU-RC Mixed Use
Regional Commercial Zone is to provide land areas for the construction, use, and
occupancy for pedestrian- oriented developments that focus on regional-serving
commercial uses (e.g., big box stores, entertainment establishments, restaurants,
retail establishments). It is the intent of this zone to be located on high-traffic corridors
and to provide a mix of residential and commercial uses, with residential on the upper
floors and commercial and office on the lower floors. This zone has a minimum FAR of
0.2. The allowable residential density range is 37-50 dwelling units per acre.
4. 4. Mixed Use – Very High Density (MU-VHD). The purpose of the MU-VHD Mixed
Use Very High Density Zone is to provide for transit- and pedestrian-oriented mixed-

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Chapter 18.14 Special Purpose Zones

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

18.14.020 – Mixed Use Land Uses and Permit Requirements

A. Table 2-10 Mixed-Use Zones Allowed Uses and Permit Requirements. Table 2-10
indicates the uses allowed within each mixed-use zone and any permits required to establish
the use, in compliance with Article 6 (Permit Processing Procedures) and Article 7 (Zoning
Ordinance Administration).
B. Additional Regulations. Where the last column in Table 2-10 includes a chapter or section
number, the regulations in the referenced chapter or section shall apply to the use. Provisions
in other sections of this Zoning Code and City Code may also apply.
C. Definitions. See Article 8 (Definitions) for land use definitions and explanations.
D. Zoning Clearance required. Each land use specified in the following land use table as allowed
with a “P” as a use permitted-by-right that involves/contains construction activities (e.g.,
additions, alterations, constructions, reconstruction, or remodeling) shall require the issuance
of a Zoning Clearance in compliance with Chapter 1818.126 (Zoning Clearances).
E. Uses not Listed. Uses not listed below may be reviewed by the Director to determine if they
are similar to those listed and appropriate in this zone and if so, what type of permit is required,
in compliance with Section 18.04.040 (Uses Not Classified).
F. Temporary Uses. For all allowed temporary uses and specific standards see Chapter 18.122,
Temporary Use Permits.

Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use
MU-NC MU-CC MU-RC MU-VHD Additional Regulations
definitions).

Residential Uses
Caretaker Housing CUP - - P Section 18.60.060
Dwelling, Multifamily P P P P
Employee Housing P - - -
Home Occupations P P P P Section 18.60.120
Live-Work P P P P Section 18.60.130
Single-Room
Occupancy (SRO)
Facilities - P P -

Supportive Housing P P P P
Transitional Housing - - - P

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

Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use
MU-NC MU-CC MU-RC MU-VHD Additional Regulations
definitions).

Human Services Uses

Assisted Living
- CUP - CUP Section 18.60.080
Facilities
Child Day Care
P P P P Section 18.60.070
Facilities
Community Care
CUP CUP - CUP
Facilities
Residential Care
Facilities, six or fewer P P - P
residents
Residential Care
Facilities, seven or MUP MUP - MUP
more residents
Day Care Homes, Up
P P P -
to 14 Children
Low Barrier Navigation
P P P P
Centers
Emergency Shelters - - - P Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and
- - - CUP
Mausoleums
Community Gardens MUP MUP MUP -
Commercial
Recreation Facilities, MUP P P CUP
Indoor
Commercial
Recreation Facilities, - - - P
Outdoor
Fitness Facilities P P P P
Libraries P P - P
Museums P P P P
Parks and Public
P P P P
Plazas
Places of Assembly MUP CUP CUP P
Public Schools P P P P
Private Schools CUP CUP CUP CUP
Public/Private Colleges
P P P P
and Universities
Theaters and
P P P P
Auditoriums
Vocational/Trade
- P P P
Schools
Utility, Transportation, and Communication Uses
Broadcasting and
- - - P
Recording Studios
Park and Ride
P P P -
Facilities
Parking Structures MUP MUP MUP P Section 18.14.040 (I)

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Chapter 18.14 Special Purpose Zones

Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use
MU-NC MU-CC MU-RC MU-VHD Additional Regulations
definitions).

Public Safety Facilities P P P P

Wireless
Telecommunications
P P P P Chapter 18.66
Facilities and Towers,
Co-location/Small Cell
Wireless
Telecommunication
Facilities and Towers, MUP MUP MUP MUP Chapter 18.66
Minor (less than 70
feet)
Wireless
Telecommunication
Facilities and Towers, - CUP CUP CUP Chapter 18.66
Major (70 feet or
higher)
Transit Stations and
P P P CUP
Terminals
Utility Facilities and
CUP CUP CUP CUP Section 18.14.040 (M)
Infrastructure
Photovoltaic Systems P P P P
Retail, Service, and Office Uses
Alcoholic Beverage
P P P P Section 18.60.040
Sales and Service
Animal Sales and
P P P P
Grooming Facilities
Banks and Financial
Establishments, P P P P
General
Banks and Financial
Establishments, Stand- P P P P
alone ATM
Bars CUP CUP CUP CUP
Bed and Breakfast Inns - - - CUP
Business Support
P P MUP P
Centers
Drive-in/Drive-through
CUP - - CUP Section 18.60.100
Establishments
Equipment Sales and
- - - P
Rentals
Garden Centers/Plant
- - - P
Nurseries
Hotels and Motels P P P CUP Section 18.14.040 (O)(2)
Kennels MUP MUP - -
Live Entertainment,
P P P P
Incidental
Live Entertainment,
MUP/CUP MUP/CUP MUP/CUP MUP/CUP Section 18.14.040 (K)
Standalone

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

Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.114)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use
MU-NC MU-CC MU-RC MU-VHD Additional Regulations
definitions).

Maintenance and
P P P P
Repair Services
Medical Services,
P P P P
General
Mobile Food Vendors P/MUP P/MUP P/MUP P/MUP 18.60.280
Nightclubs CUP - CUP CUP
Offices P P P P
Outdoor Dining and
MUP MUP MUP MUP Section 18.60.140
Seating
Outdoor Displays and
CUP CUP CUP CUP Section 18.60.150
Sales
Personal Services P P P P
Personal Services,
MUP MUP MUP MUP Section 18.60.170
Restricted
Restaurants P P P P
Retail Establishments:
General, Small
P P P P
Format
General, Medium
P MUP P MUP
Format
General, Large
CUP - CUP CUP
Format
Smoke Shops - CUP CUP -
Veterinary Facilities P P P MUP
Vehicle Oriented Uses
Vehicle Service
- CUP CUP -
Stations
Vehicle Rental
MUP - - -
Facilities, Limited
Vehicle Rental
P - - -
Facilities, Office Only
Vehicle Repair
MUP - - - Section 18.60.200
Facilities, Minor
Industrial, Manufacturing, and Processing Uses
Printing and Publishing
P P P P
Facilities
Wineries, Distilleries,
Breweries, and Micro- MUP MUP MUP MUP
Breweries

18.14.030 – Mixed Use Development Standards

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

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 Chapter 18.14 Special Purpose Zones

street parking, landscaping, signage, fences and obstructions, and performance standards,
apply to mixed-use zones.
B. Density. Maximum density standards shall be consistent with the General Plan or applicable
Master Plan, Specific Plan, or Area Plan.
C. Zoning Map. The boundaries, designations, and locations of the zones established by this
Zoning Code shall be shown upon the map(s) entitled "Zoning Map for City of Santa Clara "
and referred to in this Zoning Code as the Zoning Map. Any additional maps adopted shall also
be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map,
is hereby adopted in compliance with current State planning, zoning, and development laws.
Changes in the boundaries of any identified zones shall be made by ordinance in compliance
with Chapter 18.142 (Amendments).

Table 2-12
Mixed-Use Zone Development Standards

Development
Feature
MU-NC MU-CC MU-RC MU_VHD Additional Regulations
(minimum unless
otherwise indicated)
Parcel Area - area required for each NEWLY CREATED parcel.
Parcel Area (min) None None None None
Street
None None 100 None
Frontage (feet)
Density (where residential is proposed)
Minimum Density
19 20 37 50
(units/acre)
Maximum Density
(units/acre) 36 36 50 120

Setbacks -Setback lines are measured in feet, from the back of walk.

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

Table 2-12
Mixed-Use Zone Development Standards

Development
Feature
MU-NC MU-CC MU-RC MU_VHD Additional Regulations
(minimum unless
otherwise indicated)
Section 18.14.040(A)
Front setback 0* or 5 0* or 5 Section 18.30.050
0 None
(min/max) 10 10 *Can be reduced to 0 feet if the total area is
less than 20 feet
Front setback
for other
0 10/15 10/15 None
ground floor
uses (min/max)
Section 18.14.040(J)
Side, Corner 0 0 0 None
Section 18.30.050
Side, Interior
Section 18.14.040(J)
(adjacent to R1 10 10 10 None
Section 18.30.050
and R2 zones)
Side, Interior
Section 18.14.040(J)
(adjacent to all None None None None
Section 18.30.050
other zones)
Rear, Single-
Story (adjacent
10 10 10 None Section 18.30.050
to R1 and R2
zones)
Rear (adjacent
to all other 10 10 10 None
zones)
Rear, Multi-
Story (adjacent
15 15 15 None
to R1 and R2
zones)
Height (maximum) measured in feet
Height (within None,
20 feet of the limited by
32 32 32 Section 18.30.040
R1 and R2 FAA
zones) restrictions
Height (all None,
32 40 60 Section 18.30.040
other zones) limited by

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 Chapter 18.14 Special Purpose Zones

Table 2-12
Mixed-Use Zone Development Standards

Development
Feature
MU-NC MU-CC MU-RC MU_VHD Additional Regulations
(minimum unless
otherwise indicated)
FAA
restrictions
Maximum Number of None,
Stories limited by
3 4 6
FAA
restrictions
Commercial Floor Area Ratio (FAR)
Minimum Floor Area
0.1 0.1 0.2 0.2
Ratio (FAR)
Additional Regulations
Residential Accessory
Chapter 18.32
Structures
Density Bonus and
Chapter 18.64
Affordable Housing
Fences, Walls, Hedges,
Chapter 18.34
and Screens
Landscaping
Chapter 18.36
Standards
Multi-Story Step-backs Section 18.14.040(F)
Off-Street Parking
Regulations and Chapter 18.38
Design Standards
Performance
Chapter 18.40
Standards
Sign Standards Chapter 18.42
Solid Waste
Section 18.30.060
Enclosures

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

18.14.040 – Other Applicable Regulations

In addition to the standards specified in Article 3 (Site Planning and General Development Standards)
and Article 4 (Standards for Specific Land Uses), the following other applicable mixed-use regulations
shall be applicable in the specific mixed-use zones:
A. Balconies.
1. Allowability. Balconies are only allowed on mixed-use structures greater than three
stories in height on the front and rear elevations.
2. Step-back Encroachment. Balconies are only allowed to encroach up to 50 percent
into the required step-back area.
B. Encroachments. The front setback shall be kept open, unobstructed, and unoccupied except
by those allowable encroachments identified in Table 2-12 (Mixed-Use Zone Setback
Encroachments).

Table 2-13
Mixed-Use Zone Setback Encroachments

Maximum Allowed
Improvement
Encroachment

Sills, eaves, cornices, canopies, and other similar architectural features 8

Allowed in setback area
feet or more above surface grade
Movable tables, chairs, umbrellas, outdoor heaters in compliance with
Allowed in setback area
Section 18.60.140 (Outdoor Dining and Seating)

Movable partitions or planters to define an outdoor seating area Allowed in setback area

Front stoop or porch Allowed in setback area

Bicycle racks Allowed in setback area
Trees and tree wells Allowed in setback area
Planters and planting beds extending not more than 18 inches into the
Allowed in setback area
setback area and not more than 18 inches in height above grade
Bay windows, on a foundation or cantilevered, chimneys, or wells for
basement windows or stairs, occupying in the aggregate not more than
2 feet into setback area
20 percent of the length of the side of the structure on which they are
located.
Utility structures Allowed in setback area

C. Live-Work Facilities. Permitted except along for properties fronting El Camino Real street
frontage in the MU-RC Zone and shall not count towards commercial FAR requirements but
shall count toward residential density.
D. Mixed Use Development Types. All mixed-use zoned parcels are allowed either vertical or
horizontal mixed-use development types unless otherwise prohibited in a Specific Plan or
Master Plan. See Figure 2-1 (Vertical Mixed-Use) and Figure 2-2 (Horizontal Mixed-Use).
E. Common Living Area Requirements. For all dwelling units, the minimum percentage of a
dwelling devoted to common living area is twenty-five percent (25%).

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Chapter 18.14 Special Purpose Zones

Figure 2-3
Vertical Mixed-Use

Figure 2-4
Horizonal Mixed-Use

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

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G. Transition Standards.
1. Maximum Height Adjacent to Residential. Building Height Limits Abutting Residential
Zoning Districts, 45-degree Daylight Plane height transitions are required for any new
development adjacent to single family and duplex residential zoning districts,
measured from the property line. Rear property daylight planes extend 40 feet from
the rear property line; side property line daylight planes start at 15 feet above grade
and extend the full height of the building. See Figures 2-1 and 2-2.

2. Maximum Height Across the Street from Residential. The following applies to
portions of a development directly opposite a residentially zoned property where the
street is less than 65 feet wide.
a. Wall plates and heights shall be no taller than one story above the maximum
height allowed in the opposing residential zone.
b. Uses shall be located entirely within structures occupied by the primary use.
Building heights shall step up away from the street following a 45-degree
Daylight Plane measured from the top of the building facade/wall plate.
3. Massing and Design. New development abutting or across from residential zoned
properties shall incorporate massing and design treatments to reduce their impacts on
adjacent homes. Design treatments include height and/or bulk step downs and other
architectural measures such as matching the form or roof style of adjacent properties.
H. Outdoor Retail Displays. All Outdoor Retail Displays shall be consistent with the development
standards in Section18.60.150 (Outdoor Displays and Sales).
I. Placement of Parking Structures. In addition to the Off-Street Parking Regulations and
Design Standards in Chapter 18.38, parking garages in mixed-use zones shall not be located
on the ground floor of a structure unless the structure space designed for residential,
commercial, or other nonresidential uses is located between the parking garage and the street.
This requirement shall not prevent a parking garage entrance at the ground floor of a structure.
J. Side Setbacks Exceptions. Parcels zoned Mixed-Use Community Commercial and Mixed-
Use Regional Commercial are allowed a side setback of zero feet by the approval of the Review
Authority.
K. Live Entertainment, Standalone Use. Live Entertainment that meets the following separation
and operation requirements requires the approval of a Minor Use Permit by the Review
Authority. All other Live Entertainment venues that do not meet the following separation and
operation requirements and/or are located outdoors shall require the approval of a Conditional
Use Permit by the Commission.
1. Shall be located a minimum of 150 feet from all residential.
2. Shall be conducted within an enclosed structure.
3. Shall be restricted to hours of operations between 11:00 AM to 12:00 AM (Midnight).
L. Wireless Telecommunication Facilities. For height exceptions for Wireless
Telecommunications Facilities see Chapter 18.66.
M. Utilities, Facilities, and Infrastructure. A CUP is required for private utility facilities and
infrastructure. Public utilities and infrastructure are permitted uses.
N. Additional Regional Commercial Mixed Use. The following additional requirements shall be
applied to all parcels zone MU-RC:
1. 75 percent of the structure façade shall be located within the minimum and maximum
setback lines.

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Chapter 18.14 Special Purpose Zones

2. Setbacks in Open Space. Setback areas are not considered useable open space
unless they are at least 20 feet wide. Up to 50 percent of the required private open
space may be provided as common private outdoor areas.
3. Publicly Accessible Open Space. All MU-RC properties shall include ground floor
publicly accessible open space. New public open space should have a minimum 30-
foot dimension in at least one direction and a minimum total area of 3,000 square feet.
O. Additional Very High-Density Mixed-Use Standards. The following additional requirements
shall apply:
1. Conditional Uses. Any use identified as a use requiring a Conditional Use Permit shall
be subject to the following regulations:
a. Such uses are conditionally permitted only on the ground floor of multi-family
dwelling structures.
b. Such uses are conditionally permitted in structures intended solely for retail
use, provided that the development of the retail structure would not make it
infeasible to achieve the minimum residential density specified in this Article
over all contiguous parcels within the VHDMU zone.
c. On the ground floor of multi-family dwelling structures, live-work facilities that
meet the glazing and entry door requirements performance standards, but that
do not meet one or more of the following minimum performance standards:
(1) A minimum first floor to ceiling height of 12 feet;
(2) A minimum front room depth of 35 feet; or
(3) Live-Work facility units occupy a maximum of 25 percent of an individual
structure’s ground floor retail frontage.
d. Stand-alone parking garage.
e. Live entertainment as a primary use.
f. Cocktail lounges, bars, taverns not associated with a restaurant or hotel/motel
use.
2. Hotels and Motels. Full-service hotels and motels may include restaurants, bars and
lounges, massage and spa services, administrative offices, and meeting and banquet
rooms.
3. Lighting and Security.
a. Open parking areas and common open space areas shall include lighting
which provides a minimum illumination of one-foot candle. Lighting fixtures
shall be weather and vandal resistant. Lighting shall reflect downward and
away from residential areas and public streets.
b. All main entrance doors to individual dwelling units shall be equipped with 180-
degree door viewers. Each main entrance door shall be equipped with a
deadbolt lock with a cylinder guard, a minimum of one-inch bolt projection and
a maximum-security strike plate.
c. All sliding glass doors and ground floor windows shall be equipped with
auxiliary locks, as approved by the Chief of Police.
4. Live-Work Facilities. Ground live-work facilities units are subject to the following
requirements:
a. A minimum first floor to ceiling height of 12 feet;

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b. A minimum front room depth of 35 feet;

c. A minimum of 65 percent glazing along the front elevation;
d. Double entry doors with a minimum of 80 percent transparent glass surface
area; and
e. Live-work facility units shall occupy a maximum of 25 percent of an individual
structure’s ground floor retail frontage.
5. Mortuaries. Mortuaries and similar facilities as determined by the Review Authority
are prohibited.
6. Parking Requirements.
a. Minimum Parking Requirements.
(1) The minimum parking requirements for all commercial uses, including
restaurants, is three parking spaces per 1,000 square feet of structure area.
(2) Hotel rooms: 0.75 space per lodging unit.
(3) Studio and one-bedroom residential units: One parking space per unit.
(4) Residential units with two or more bedrooms: One and half parking spaces
per unit.
b. Shared Parking. Parking shared among uses is encouraged, and a maximum
of 20 percent of the parking spaces provided may be shared between two
uses. For the purposes of this Article, those parking spaces shared between
two uses count towards the parking requirements of both.
7. Parking Structures. Parking structures are allowed in the MU-VHD only as accessory
to the primary uses of the site.
8. Outdoor Dining, Seating, and Walk-up Facilities. All outdoor-oriented facilities and
designated areas shall be incidental to the primary retail or restaurant use.
9. Restaurants. Restaurants are permitted to include on-premise sales and service of
beer, wine, and/or distilled spirits.
10. Trash Disposal. Each property shall provide accessible trash disposal areas. If not
placed within a garage or other structure, each disposal area shall be screened from
public view. Such enclosures shall provide area of sufficient size to accommodate trash
and recycling bins for residential and commercial uses on-site. Trash compactors shall
be located within an enclosed building.
11. Vehicle-Oriented Uses. All vehicle-oriented uses are prohibited.

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Chapter 18.14 Special Purpose Zones

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.16

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

Sections
18.16.010 – Purpose of Office and Industrial Zones
18.16.020 – Office and Industrial Land Uses and Permit Requirements
18.16.030 – Development Standards
18.16.040 – Other Applicable Regulations

18.16.010 – Purpose of Office and Industrial Zones

A. The purpose of this Chapter is to describe the character and intent of the City’s office and
industrial zones, identify any supplemental land use regulations applicable to office and
industrial zones, describe allowed land uses and permit requirements in office and industrial
zones, and establish development standards for the same.
B. The purpose of the individual office and industrial uses and the way they are applied are as
follows:
1. Low-Intensity Office/Research and Development (LO-RD). The purpose of the RD-
OL Office/Research and Development – Low Intensity Zone is to provide areas for the
construction, use, and occupancy of office/research and development uses, data
centers, limited manufacturing, and employee-serving retail. The intent of this zone is
to encourage the development of a richly landscaped campus park like industrial
setting. The maximum FAR is 1.00. This zone implements the Low-Intensity
Office/Research and Development land use designation in the General Plan.
2. High-Intensity Office/Research and Development (HO-RD). The purpose of the
HO-RD High-Intensity Office/Research and Development Zone is to provide areas for
the construction, use, and occupancy of office/research and development uses,
ancillary data centers, limited manufacturing, and other Minor Industrial Uses, and
employee-serving retail. The intent of this zone is to encourage the development of
compact and urbanized developments that include a mix of mid- to high-rise structures
in a richly landscaped campus park like industrial setting. The maximum FAR is 2.00.
This zone implements the High-Intensity Office/Research and Development land use
designation in the General Plan.
3. Light Industrial Zone (LI). The purpose of the LI Light Industrial Zone is to provide
areas for the construction, use, and occupancy of a broad range of industrial uses
including manufacturing, warehousing (including data centers), and wholesale
establishments, as well as ancillary office uses and employee-serving commercial
uses. Due to the potential presence of noxious and hazardous materials associated
with industrial processes, nonindustrial uses that attract sensitive receptors are strictly
limited. The maximum FAR is 0.60. This zone implements the Light Industrial land use
designation in the General Plan.
4. Heavy Industrial Zone (HI). The purpose of the HI Heavy Industrial Zone is to provide
areas for the construction, use, and occupancy of a broad range of heavy industrial
uses, including heavy manufacturing and other facilities that use and store noxious and
hazardous materials, as well as ancillary office uses and employee-serving retail. Due
to the presence of noxious and hazardous materials, nonindustrial uses that attract

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Chapter 18.16 Office and Industrial Zones

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

18.16.020 – Office and Industrial Land Uses and Permit Requirements

A. Table 2-13 Office and Industrial Zone Allowed Uses and Permit Requirements. Table 2-
13 indicates the Principal Uses allowed within each office and industrial zone and any permits
required to establish the use, in compliance with Article 6 (Permit Processing Procedures) and
Article 7 (Zoning Ordinance Administration).
B. Accessory Uses are allowed when customarily associated with and subordinate and incidental
to the primary use, subject to Section 18.60.030 (Accessory Uses).
C. Additional Regulations. Where the last column in Table 2-12 includes a chapter or section
number, the regulations in the referenced chapter or section shall apply to the use. Provisions
in other sections of this Zoning Code may also apply.
D. Definitions. See Article 8 (Definitions) for land use definitions and explanations.
E. Zoning Clearance required. Each land use specified in the following land use table as allowed
with a “P” as a use permitted-by-right that involves/contains construction activities (e.g.,
additions, alterations, constructions, reconstruction, or remodeling) shall require the issuance
of a Zoning Clearance in compliance with Chapter 18.126 (Zoning Clearances).
F. Uses not Listed. Uses not listed below may be reviewed by the Director to determine if they
are similar to those listed and appropriate in this zone and if so, what type of permit is required,
in compliance with Section 18.04.040 (Uses Not Classified).
G. Temporary Uses. For all allowed temporary uses and specific standards see Chapter 18.122,
Temporary Use Permits.

Table 2-14
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.124)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use Additional
LO-RD HO-RD LI HI
definitions). Regulations

Residential Uses
Caretaker Housing CUP CUP CUP CUP Section 18.60.060
Transitional Housing Facilities - - MUP -
Human Services Uses
Community Care Facilities MUP - - -
Low-barrier Navigation
- - MUP -
Centers
Emergency Shelters - - MUP - Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - - CUP CUP
Required to be located
Commercial Recreation
MUP MUP - - in a General Plan
Facilities, Indoor
Exception Area

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.16

Table 2-14
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.124)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use Additional
LO-RD HO-RD LI HI
definitions). Regulations
Required to be located
Commercial Recreation
MUP MUP - - in a General Plan
Facilities, Outdoor
Exception Area
Commercial recreation
P P - -
Facilities, Outdoor Ancillary
Crematories - - CUP CUP
Fitness Facilities P P - -
Parks and Public Plazas P P P P
Public Schools P - - -
Private Schools CUP - - -
Public/Private Colleges and
CUP - - -
Universities
Equipment/Machine/Vehicle
CUP CUP P -
Training Facilities
Vocational/Trade Schools CUP - - -
Utility, Transportation, and Communication Uses
Broadcasting and Recording
P - - -
Studios
Fuel Storage and Distribution
- - - CUP
Centers
Park and Ride Facilities P P P P
Parking Facilities CUP CUP CUP CUP
Wireless Telecommunications
Facilities and Towers, Co- P P P P Chapter 18.66
location/Small Cell
Wireless Telecommunication
Facilities and Towers, Minor MUP MUP MUP MUP Chapter 18.66
(less than 70 feet)
Wireless Telecommunication
Facilities and Towers, Major CUP CUP CUP CUP Chapter 18.66
(70 feet or higher)
Transit Stations and Terminals P P P P
Utility Facilities and
CUP CUP CUP CUP
Infrastructure
Electric Power Plants MUP MUP MUP MUP Section 18.60.260
Diesel Back-up Generators P P P P Section 18.60.260
Water Wells MUP MUP MUP MUP
Photovoltaic Systems P P P P
Fuel Cells P P P P
Retail, Service, and Office Uses
Ambulance Services P P P -
Banks and Financial
P P - -
Establishments, General

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Chapter 18.16 Office and Industrial Zones

Table 2-14
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.124)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use Additional
LO-RD HO-RD LI HI
definitions). Regulations
Banks and Financial
Establishments, Stand-alone P P - -
ATM
Business Support Centers P P P P
Call Centers P P CUP -
Data Centers CUP CUP CUP CUP Section 18.60.090
Data Centers, Ancillary P P P Section 18.60.090
Hotels and Motels P P CUP CUP
Kennels P - P -
Maintenance and Repair
P P P -
Services
Medical Services P P - -
Mobile Food Vendors P/MUP P/MUP P/MUP P/MUP 18.60.280
Offices P P - -
Outdoor Dining and Seating Section 18.16.040(B)
P P CUP -
(Ancillary) Section 18.60.140
Personal Services (Ancillary) P P - - Section 18.16.040(B)
Restaurants (Ancillary) P P MUP MUP Section 18.16.040(B)
Retail Establishments
P P P P Section 18.16.040(B)
(Ancillary)
Vehicle Oriented Uses
Mobile Fueling Delivery P P P P
Transit Services and Dispatch MUP - MUP MUP
Vehicle Service Stations - - - CUP Section 18.60.220
Vehicle Rental, General MUP - P -
Vehicle Repair Facilities, Minor - - P - Section 18.60.200
Vehicle Repair Facilities, Major - - CUP P Section 18.60.200
Vehicle Storage Facilities MUP MUP MUP
Vehicle Dismantling Facilities - - - CUP
Vehicle Impound Facility - - - CUP
Industrial, Manufacturing, and Processing Uses
Freight Yards/Truck Terminals - - CUP CUP
Hazardous Material Storage
- - - CUP
Facilities
Equipment Sales and Rental
P P P P
Facilities
Industrial, Minor P P P P
Industrial, Major - - CUP P
Outdoor Storage, no on-site
- - CUP MUP Section 18.60.160
building
Laundry and Dry-Cleaning
- - P P
Plants
Printing and Publishing
P P P P
Facilities
Recycling Facilities

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.16

Table 2-14
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.114)
CUP Conditional Use Permit (Chapter 18.124)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use Additional
LO-RD HO-RD LI HI
definitions). Regulations
Reverse Vending and
- - P P Section 18.60.180
Collection Boxes
Collection Small - - P P Section 18.60.180
Collection, Processing,
- - MUP MUP Section 18.60.180
and Transfer
Research and Development
P P P P
Facilities
Storage
Personal Storage Facilities CUP - CUP -
Warehouse P P P P
Wholesaling and Distribution
- CUP P P
Centers

18.16.030 – Office and Industrial Development Standards

A. Table 2-14 Office and Industrial Zone Development Standards. The intent of the office and
industrial zone development standards table is to clearly and precisely establish the basic site
and structure regulations that apply to all developments in each of the office and industrial
zones. The table also indicates where additional site and structure requirements, including, but
not limited to, off-street parking, landscaping, signage, fences and obstructions, and
performance standards, apply to office and industrial zones.
B. Density. Maximum density standards shall be consistent with the General Plan or applicable
Master Plan, Specific Plan, or Area Plan.
C. Zoning Map. The boundaries, designations, and locations of the zones established by this
Zoning Code shall be shown upon the map(s) entitled "Zoning Map for City of Santa Clara "
and referred to in this Zoning Code as the Zoning Map. Any additional maps adopted shall also
be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map,
is hereby adopted in compliance with current State planning, zoning, and development laws.
Changes in the boundaries of any identified zones shall be made by ordinance in compliance
with Chapter 18.142 (Amendments).

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 Chapter 18.16 Office and Industrial Zones

Table 2-15
Office and Industrial Zone Development Standards

Development Feature
Additional
(minimum unless LO-RD HO-RD LI HI
Regulations
otherwise indicated)
Parcel Requirements (minimum) area required for each NEWLY CREATED parcel.
Parcel Area 20,000 43,560 20,000 20,000
Street Frontage (feet) 100 100 100 100
Setbacks (minimum) -Property lines are measured in feet, with those adjacent to the street measured from
the face of the curb., adopted plan line, or edge of right-of-way. See Section 18.30.050 for setback
measurement standards.
Front 15 20 15 15
Side, Corner 15 15 15 15
Side, Interior 10 10 0 0
Rear 20 20 0 0
Rear or Side,
(adjacent to a parcel in
25 25 25 25
a residential or mixed-
use zone)
Height (maximum) measured in feet
Section 18.16.040(B)(2)(c)
Height 100 200 70 70
Section 18.30.040
Maximum Number of
8 12 6 6
Stories
Additional Regulations
Fences, Walls, Hedges, and
Chapter 18.34
Screens
Accessory Uses Section 18.60.030
Landscaping Standards Chapter 18.36
Nonconforming Uses Chapter 18.94
Off-Street Parking
Regulations and Design Chapter 18.38
Standards
Performance Standards Chapter 18.40
Sign Standards Chapter 18.42
Solid Waste Enclosures Section18.30.060
Temporary Uses Chapter 18.122

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.16

18.16.040 – Other Applicable Regulations

A. In addition to the standards specified in Article 3 (Regulations Applicable to All Zones) and
Article 4 (Standards for Specific Land Uses), the following other applicable mixed-use
regulations shall be applicable in the specific office and industrial zones:
B. General Office and Industrial Regulations.
1. Commercial Ancillary Uses. Commercial ancillary uses are allowed in the LO-RD
and HO-RD zones. In the LI and HI zones, commercial ancillary uses may be granted
with approval of a Minor Use Permit by the Zoning Administrator when the uses are
found to comply with all of the following provisions:
a. The uses are intended to support and serve employees and visitors in the
immediate area.
b. Uses shall be located entirely within structures occupied by the primary use.
c. Ancillary uses shall occupy no more than 10 percent of the gross floor area of
any structure or a maximum of 20,000 square feet, whichever is less.
d. Ancillary uses are limited to the following:
(1) Retail Establishments.
(2) Personal Services Establishments.
(3) Restaurants.
(4) Alcohol service incidental to a restaurant.
(5) Drinking Establishments, subject to a Conditional Use Permit.
(6) Outdoor Seating, ancillary to a restaurant.
(7) Banks and Financial Establishments.
2. Development Standards.
a. Private Easements or Covenants. Private easements or covenants between
parties may further restrict the use of setbacks or other areas of a site beyond
the requirements of this Chapter.
b. Minimum Parcel Size and Frontage.
(1) The required area of any parcel, as shown on a parcel or final subdivision
map approved before the effective date of this ordinance that is less than the
minimum parcel area required for the zoning district in which the parcel is
located, but is not less than 3,000 square feet, the required parcel area shall
be the area shown for the parcel on the approved parcel or subdivision map.
(2) The required frontage of any parcel, as shown on a parcel or final
subdivision map approved before the effective date of this ordinance that is
less than the minimum parcel frontage required for the zone in which the site
is located, but is not less than 45 feet, the required frontage shall be the
frontage shown for the parcel on the approved parcel or subdivision map.
c. Maximum Height. Parcels within the designated flight path zones for Mineta
San Jose International Airport shall conform to Federal Aviation Administration
(FAA) height requirements or the height limitations of Table 2-14, whichever
are less.
d. Setback Encroachments. Except as otherwise expressly and specifically
provided in other Sections of this Chapter, every part of every setback area

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Chapter 18.16 Office and Industrial Zones

shall be unobstructed and unoccupied except for those allowable

encroachments identified in Table 2-15 (Office and Industrial District Setback
Encroachments).

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.16

Table 2-15
Office and Industrial Zone Setback Encroachments

Maximum Allowed
Improvement Setback Area
Encroachment

Bicycle racks Front, Side Corner, Side, Rear Allowed in setback area
Landscaping Front, Side Corner, Side, Rear Allowed in setback area
Overhead wires and underground lines necessary Side Corner, Side, Rear Allowed in setback area
for the sewerage, drainage, plumbing, water, gas,
and electrical and other utility needs of the parcel
or structure on the parcel. Overhead wires and Front Allowed in setback area
lines shall not be constructed if prohibited by
another section of this Code or by any other law.
Pedestrian walkways and plazas, vehicle
Front, Side Corner, Side, Rear Allowed in setback area
driveways for access to the parcel.
Sills, eaves, cornices, canopies, and other similar
architectural features eight feet or more above Front, Side Corner, Side, Rear 8 feet into setback area
surface grade
Stairs, wells for basement windows, and
architectural features which occupy, in the
Front, Side Corner, Side, Rear 2 feet into setback area
aggregate, not more than 20% of the length of the
side of the structure on which they are located.
Utility structures Front, Side Corner, Side, Rear Allowed in setback area

3. Transition Standards.
a. Maximum Height Adjacent to Residential. Building Height Limits Abutting
Residential Zoning Districts, 45-degree Daylight Plane height transitions are
required for any new development adjacent to single family and duplex
residential zoning districts, measured from the property line at ground level.
Rear property daylight planes extend 40 feet from the rear property line; side
property line daylight planes start at 15 feet above grade and extend the full
height of the building. See Figures 2-1 and 2-2.
b. Maximum Height Across the Street from Residential. The following applies
to portions of a development directly opposite a residentially zoned property
where the street is less than 65 feet wide.
(1) Wall plates and heights may be no taller than one story above the
maximum height allowed in the opposing residential zone.
(2) Uses shall be located entirely within structures occupied by the primary
use. Building heights shall step up away from the street following a 45-degree
Daylight Plane measured from the top of the building facade/wall plate.

4. Fencing. For additional fencing requirements see Chapter 18.34 (Fences, Walls, and
Hedges).
5. Hotel and Motel Uses. Hotels and motels are allowed in the Low-Intensity and High-
Intensity Research and Development Zones north of the Caltrain Corridor, at a
maximum FAR of 2.0, provided that the property is annexed to the City’s Community
Facilities Assessment District, or similar district, and that the use is compatible with
planned uses on neighboring properties.

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Chapter 18.16 Office and Industrial Zones

6. Loading Docks. Loading docks shall be located a minimum of 75 feet distance from
any residential zone.
7. Retail Sales (Ancillary) in Industrial Zones.
a. Ancillary retail sales shall be directly related to, and supportive of, the industrial
products or products manufactured on-site.
b. Ancillary retail sales shall comply with one of the following:
(1) The ancillary retail sales area occupies no more than 10 percent of the
floor area occupied by the primary use; or
(2) The ancillary retail sales area is incidental to the wholesale of construction
materials including, but not limited to, lumber, tile, stone, plumbing materials,
garage doors, windows, and roofing, and no more than 50 percent of the
structure floor is used for product display and retail sales.
8. Performance Standards. All uses in the office and industrial zones shall comply with
the performance standards in Chapter 18.40 (Performance Standards). In addition to
the performance standards listed in Article 3, all uses shall also comply with the
following standards:
a. Incineration. Incineration of waste material is prohibited.
b. Noise. On-site noise shall be in compliance with the Performance
Development Standards in Section 18.40.060 (Noise and Vibration) and
SCCC Title 9.
c. Vibration. Except during construction, activity causing ground vibration which
is perceptible without instruments at the property line is prohibited.
9. Screening Adjacent to Residential or Mixed-Use Zones. For additional screening
requirements see Section 18.34.040 (Additional Requirements by Land Use Type).
10. Vehicle Repair and Services. All vehicle-related repair, service, and accessory or
other installation, excepting the cleaning of vehicles, shall be conducted within a fully
enclosed structure.
11. Wireless Telecommunication Facilities and Towers. For height exceptions for
Wireless Telecommunications Facilities and Towers see Chapter 18.66.
C. Specific Office and Industrial Regulations.
1. Low-Intensity Office/Research and Development Zone (LO-RD).
a. The following uses are only allowed as ancillary to a primary use:
(1) Fitness Facilities;
(2) Equipment Sales and Rental Facilities;
(3) Maintenance and Service Repairs;
(4) Personal Services; and
(5) Retail Establishments.
b. Kennels. Shall only be operated and conducted entirely within an enclosed
structure.
2. High-Intensity Office/Research and Development Zone (HO-RD).
a. Floor Area Ratio. Commercial support uses are not included in FAR
calculations.

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b. The following uses are only allowed as ancillary to the primary use:
(1) Fitness Facilities;
(2) Equipment Sales and Rental Facilities;
(3) Maintenance and Service Repairs;
(4) Personal Services;
(5) Retail Establishments; and
(6) Data Centers
3. Light Industrial Zone (LI).
a. Height. Low-intensity uses such as Data Centers are allowed a maximum
height of 90 feet.
b. Development Review. Any structure with an FAR greater than the General
Plan allows shall be occupied by a lower intensity use in the Light Industrial
Zone as determined by the Review Authority.
c. Offices. Offices may occupy no more than 20 percent of the structure floor
area
d. Medical offices are not allowed.
e. The following uses are only allowed as ancillary to the primary use:
(1) Equipment Sales and Rental Facilities;
(2) Maintenance and Service Repairs; and
(3) Offices; and
(4) Outdoor Storage on up to 25% of the lot area, subject to the development
standards of Code Section 18.60.160. Outdoor storage occupying more than
25% of the site is subject to the approval of a Minor Use Permit.
4. Heavy Industrial Zone (HI).
a. Offices. Offices may occupy no more than 10 percent of the structure floor
area.
b. Medical offices are not allowed.
c. Outdoor Storage on up to 50% of the lot area is allowed, subject to the
development standards of Code Section 18.60.160. Outdoor storage
occupying more than 50% of the site is subject to the approval of a Minor Use
Permit.

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Chapter 18.18 Special Purpose Zones

Chapter 18.18 – Special Purpose Zones (OS, PQP)

Sections
18.18.010 – Purpose of Special Purpose Zones
18.18.020 – Special Purpose Land Uses and Permit Requirements
18.18.030 – Development Standards
18.18.040 – Other Applicable Regulations

18.18.010 – Purpose of Special Purpose Zones

A. The purpose of this Chapter is to describe the character and intent of each of the City’s special
purpose zones, identify any supplemental land use regulations applicable to special purpose
zones, and establish development standards for the same.
B. The purpose of the individual special purpose zones and the way they are applied are as
follows:
1. Parks/Open Space Zone (OS). The purpose of the OS Parks/Open Space Zone is to
provide land areas for improved and unimproved park and open space facilities,
managed natural resource areas, and outdoor recreation areas (e.g., neighborhood
parks, community parks, regional parks, public golf courses, recreational facilities,
nature preserves). It is the intent of this zone to provide open space and outdoor
recreational opportunities for the community. This zone implements the Parks/Open
Space land use designation in the General Plan.
2. Public/Quasi-Public Zone (PQP). The purpose of the PQP Public/Quasi-Public Zone
is to provide land areas for the construction, use, and occupancy for public and quasi-
public uses including, but not limited to government offices, fire and police facilities,
transit stations, commercial care centers, religious institutions, schools, cemeteries,
hospitals and convalescent care facilities, places of assembly and other facilities that
have a unique public character as their primary use. This zone implements the
Public/Quasi-Public land use designation in the General Plan.
18.18.020 – Special Purpose Land Uses and Permit Requirements
A. Table 2-17 Special Purpose Zone Allowed Uses and Permit Requirements. Table 2-16
indicates the uses allowed within each special purpose zone and any permits required to
establish the use, in compliance with Article 6 (Permit Processing Procedures) and Article 7
(Zoning Ordinance Administration).
B. Additional Regulations. Where the last column in the Table 2-16 includes a chapter or
section number, the regulations in the referenced chapter or section shall apply to the use.
Provisions in other sections of this Zoning Code may also apply.
C. Definitions. See Article 8 (Definitions) for land use definitions and explanations.
D. Zoning Clearance required. Each land use specified in the following land use table as allowed
with a “P” as a use permitted-by-right that involves/contains construction activities (e.g.,
additions, alterations, constructions, reconstruction, or remodeling) shall require the issuance
of a Zoning Clearance in compliance with Chapter 18.126 (Zoning Clearances).

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E. Uses not Listed. Uses not listed below may be reviewed by the Director to determine if they
are similar to those listed and appropriate in this zone and if so, what type of permit is required,
in compliance with Section 18.04.040 (Uses Not Classified).
F. Temporary Uses. For all allowed temporary uses and specific standards see Section 18.60.190
(Temporary Uses) in Article 4.

Table 2-17
Special Purpose Zones Allowed Uses and Permit Requirements
Special Purpose Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.124)
CUP Conditional Use Permit (Chapter 18.124)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use OS PQP Additional Regulations
definitions).
Residential Uses
Supportive Housing Facilities - CUP
Transitional Housing Facilities - CUP
Human Services Uses
Child Day Care Facilities - MUP Section 18.60.070
Community Care Facilities - MUP
Low-barrier Navigation Centers - MUP
Emergency Shelters - MUP Section 18.60.110
Medical Services, Hospitals - CUP
Medical Services, General - P
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - CUP
Community Gardens MUP P Section 18.18.040
Libraries P P
Museums - P
Parks and Public Plazas P P
Commercial Recreation
P CUP Section 18.18.040(B)
Facilities, Outdoor
Places of Assembly - CUP
Public Schools - P
Private Schools - CUP
Public/Private Colleges and
- CUP
Universities
Theaters and Auditoriums - CUP
Vehicle Oriented Uses
Mobile Fueling Delivery - P
Utility, Transportation, and Communication Uses
Public Safety Facilities - P
Wireless Telecommunications
Facilities and Towers, Co- - P Chapter 18.66
location
Wireless Telecommunication
Facilities and Towers, Minor MUP MUP Chapter 18.66
(less than 70 feet)
Wireless Telecommunication
Facilities and Towers, Major - CUP Chapter 18.66
(70 feet or higher)
Transit Stations and Terminals - P
Utility Facilities and
CUP CUP
Infrastructure

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Chapter 18.18 Special Purpose Zones

Table 2-17
Special Purpose Zones Allowed Uses and Permit Requirements
Special Purpose Zones
Permit Requirements
P Allowed by Right
MUP Minor Use Permit (Chapter 18.124)
CUP Conditional Use Permit (Chapter 18.124)
TUP Temporary Use Permit (Chapter 18.122)
- Not allowed
Land Use
(see Article 8 for land use OS PQP Additional Regulations
definitions).
Electric Power Plants - MUP Section 18.60.260
Diesel Back-up Generators - MUP Section 18.60.260
Water Wells - MUP
Photovoltaic Systems - P
Fuel Cells - P
Retail, Service, and Office Uses
Mobile Food Vendors - P/MUP 18.60.280
Offices - P
Outdoor Dining and Seating - MUP
Retail Establishments, Ancillary - MUP

18.18.030 – Special Purpose Development Standards

A. Table 2-17 Special Purpose Zone Development Standards. The intent of the special
purpose zone development standards table is to clearly and precisely establish the basic site
and structure regulations that apply to all developments in each of the special purpose zones.
The table also indicates where additional site and structure requirements, including, but not
limited to, off-street parking, landscaping, signage, fences and obstructions, and performance
standards, apply to special purpose zones.
B. Density. Maximum density standards shall be consistent with the General Plan or applicable
Master Plan, Specific Plan, or Area Plan.
C. Zoning Map. The boundaries, designations, and locations of the zones established by this
Zoning Code shall be shown upon the map(s) entitled "Zoning Map for City of Santa Clara "
and referred to in this Zoning Code as the Zoning Map. Any additional maps adopted shall also
be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map,
is hereby adopted in compliance with current State planning, zoning, and development laws.
Changes in the boundaries of any identified zones shall be made by ordinance in compliance
with Chapter 18.142 (Amendments).

Table 2-18
Special Purpose Zone Development Standards

Development Feature
(minimum unless otherwise OS PQP Additional Regulations
indicated)
Setbacks (minimum) -Property lines are measured in feet, with those adjacent to the
street measured from the face of the curb., adopted plan line, or edge of right-of-way.
See Code Section 18.30.050 for setback measurement standards and methods.
Front 10 10
Side, Corner 10 10
Side, Interior 10 10

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.18

Table 2-18
Special Purpose Zone Development Standards

Development Feature
(minimum unless otherwise OS PQP Additional Regulations
indicated)
Rear 10 10
Height (maximum) measured in feet
Height (within 20 feet of the
25 32
R1 and R2 zones)
Height (all other zones) 32 60
Maximum Number of Stories 2 6
Additional Regulations
Fences, Walls, Hedges, and
Chapter 18.34
Screens
Landscaping Standards Chapter 18.36
Open Space Standards City Code Chapter 17.35
Off-Street Parking
Regulations and Design Chapter 18.38
Standards
Performance Standards Chapter 18.40
Sign Standards Chapter 18.42
Solid Waste Enclosures Section18.30.060

18.18.040 – Other Applicable Regulations

A. General Special Purpose Regulations.
a. Community Gardens. Community gardens are only allowed as an ancillary use
to parks and public plazas.
b. Wireless Telecommunication Facilities. For height exceptions for Wireless
Telecommunications Facilities see Chapter 18.66.
B. Open Space Zone (OS). Golf Courses and ancillary clubhouses are the only allowed
Commercial Recreation Facilities, Outdoor uses in the OS Zone.

Santa Clara Zoning Code, Title 18 July 2025 2-57

Chapter 18.18 Special Purpose Zones

Chapter 18.20 – Planned Development Zone (PD)

Sections
18.20.010 – Purpose of Planned Development Zones
18.20.020 – Planned Development Uses and Permit Requirements
18.20.030 – Development Standards

18.20.010 – Purpose of Planned Development Zones

A. The purpose of the PD Planned Development Zone is to designate property with a minimum
project size of 25 acres, where special consideration of the site and surroundings are necessary
to allow creative development solutions that do not meet the allowed use regulations and/or
development standards of the base zone. It is the intent of the PD Zone to allow modification
of requirements established by other ordinances and diversification in the relationship of
different uses, structures, parcel sizes, and open spaces, while ensuring compliance with and
implementation of the General Plan.
18.20.020 – Planned Development Zone Land Uses and Permit Requirements
A. Planned Development Allowable Land Uses. Land uses allowed in the PD zone shall be
consistent with the General Plan land use designation and description. Fuel cells and
photovoltaic arrays are a permitted use in all PD Planned Development zones.
B. Definitions. See Article 8 (Definitions) for land use definitions and explanations.

18.20.030 – Planned Development Zone Standards

A. Planned Development Zone Development Standards. The development standards allowed
in the PD zone shall be consistent with the General Plan land use designation and description.
Any changes to an approved PD Zone project shall be in compliance with Section 18.128.080
(Changes to an Approved Project).
B. Density. Maximum density standards shall be consistent with the General Plan or applicable
Master Plan, Specific Plan, or Area Plan.
C. Zoning Map. The boundaries, designations, and locations of the zones established by this
Zoning Code shall be shown upon the map(s) entitled "Zoning Map for City of Santa Clara "
and referred to in this Zoning Code as the Zoning Map. Any additional maps adopted shall also
be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map,
is hereby adopted in compliance with current State planning, zoning, and development laws.
Changes in the boundaries of any identified zones shall be made by ordinance in compliance
with Chapter 18.142 (Amendments).

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.22

Chapter 18.22 – Lawrence Station Area Plan Zoning District (LSAP)

Sections
18.22.010 – Application
18.22.020 – Intent
18.22.030 – Allowable Uses
18.22.040 – Development Standards
18.22.050 – Parking Requirements
18.22.060 – Additional Development Standards

18.22.010 – Application
A. The regulations set forth in this chapter apply to all parcels in the Lawrence Station area plan
(LSAP) zoning district, except as otherwise provided in Section 18.22.050, below. The LSAP
encompasses approximately seventy-two (72) gross acres of property and right-of-way,
situated between Kifer Road, Lawrence Expressway, Central Expressway, and Calabazas
Creek.
18.22.020 – Intent
A. This zone is designed to implement the vision of the Lawrence Station area plan, creating a
high-density, transit-oriented residential district with supportive retail services. The Lawrence
Station area plan is expected to be implemented over time, and the district contains provisions
for the continuation of existing industrial buildings and uses.

18.22.030 – Allowable Uses

A. Permitted Uses.
1. Single-family dwellings.
2. Two-family dwellings.
3. Dwelling groups.
4. Multiple-family dwellings.
5. Private garages and accessory buildings (Chapter 18.32, Residential Accessory
Structures) customarily appurtenant to the permitted use.
6. Home occupations as defined under Section 18.60.120.
7. Supportive housing, subject to the same standards and restrictions as other dwelling
units under this chapter.
8. Transitional housing, subject to the same standards and restrictions as other dwelling
units under this chapter.
9. On the ground floor of multifamily dwellings with a dwelling unit density greater than
fifty (50) dwelling units per acre, or in buildings intended solely for retail use, any use
permitted in the C-C community commercial or C-N neighborhood commercial district

Santa Clara Zoning Code, Title 18 July 2025 2-59

Chapter 18.22 Lawrence Station Area Plan Zoning District

(Chapter 18.12), or LO-RD Low-Intensity Office/Research and Development District

(Chapter 18.16) each as amended, subject to the regulations set forth in this chapter.
10. On the ground floor of multifamily dwellings with a dwelling unit density greater than
fifty (50) dwelling units per acre, live/work units, subject to the following performance
standards:
a. A minimum first floor to ceiling height of twelve (12) feet;
b. A minimum front room depth of thirty-five (35) feet;
c. A minimum of sixty-five percent (65%) glazing along the front elevation;
d. Double entry doors with a minimum of eighty percent (80%) transparent glass
surface area; and
e. Live/work units occupy a maximum of twenty-five percent (25%) of an
individual building’s ground floor retail frontage.
11. Outdoor seating and dining areas appurtenant to retail uses.
12. Live entertainment that is wholly incidental to an otherwise permitted commercial use.
13. Outdoor walk-up facility appurtenant to retail uses.
B. Existing Buildings and Uses.
1. Notwithstanding any other provision in this chapter, the lawful use of buildings existing
prior to the adoption of this chapter may continue and none of the other sections of this
chapter shall apply, as though the prior zoning of the parcel remained in place, until
such time as the existing use (including any expansions) has been discontinued in its
entirety, at which time the prior zoning shall become inapplicable and the other sections
of this chapter shall apply from that point forward.
2. Allowed Uses. For parcels with legal uses of buildings existing prior to the adoption of
this chapter, permitted uses of the ML light manufacturing district are allowed, and
none of the other sections of this chapter shall apply to such building and use, until
such time as the existing use (including any expansions) has been discontinued in its
entirety.
3. Conditional Uses. For parcels with legal uses of buildings existing prior to the
adoption of this chapter, conditional uses of the ML light manufacturing district are
conditionally permitted, and none of the other sections of this chapter shall apply, until
such time as the existing use (including any expansions) has been discontinued in its
entirety.
4. Development Standards. For parcels with legal uses of buildings existing prior to the
adoption of this chapter, development standards of the ML light manufacturing district
shall apply, and none of the other sections of this chapter shall apply, until such time
as the existing use (including any expansions) has been discontinued in its entirety..
18.22.040 – Development Standards
A. Maximum Dwelling Unit Density. For the LSAP district, the maximum dwelling unit density is
one hundred (100) dwelling units per acre.
B. Minimum Lot Area. None.
C. Minimum Lot Width. None.
D. Building Height Limits. The maximum height limit in the LSAP district is one hundred (100)
feet in height.

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.22

E. Front Yard Requirements. None.

F. Side Yard Requirements. None.
G. Maximum Building Coverage. No maximum, subject to providing adequate pervious area to
meet stormwater requirements.
18.22.050 – Parking Requirements
A. Minimum Parking Requirements.
a. The minimum parking requirements for all commercial uses, including restaurants,
is four parking spaces per one thousand (1,000) square feet of building area.
b. Studio and one-bedroom residential units: one parking space per unit.
c. Residential units with two or more bedrooms: 1.5 parking spaces per unit.
B. Shared Parking. Parking shared among uses is encouraged, and up to twenty percent (20%)
of parking spaces provided may be shared between two uses. For the purposes of this title,
those parking spaces shared between two uses counts towards the parking requirement of
both.
C. Minimum Bicycle Parking Requirements.
a. For each multifamily unit, one Class 1 parking space per three units and one Class
2 bike rack, accommodating two bikes, per fifteen (15) units is required.
b. For each single-family home, townhouse, row house or other residential unit with
independently secured vehicle parking, one Class 1 parking space per unit is
required.
c. For retail or restaurant uses, for every three thousand (3,000) square feet of floor
area, one Class 2 bike rack (accommodating two bikes) is required. In addition,
one Class 1 parking space is required for every thirty (30) employees or fraction
thereof.
18.22.060 – Additional Development Standards
A. Lighting and Security.
a. Open parking areas and common open space areas shall include lighting which
provides a minimum illumination of one footcandle. Lighting fixtures shall be
weather and vandal resistant. Lighting shall reflect away from residential areas and
public streets.
b. All main entrance doors to individual dwelling units shall be equipped with one
hundred eighty (180) degree door viewer. Each main entrance door shall be
equipped with a deadbolt lock with a cylinder guard, a minimum of one-inch bolt
projection and a maximum security strike plate.
c. All sliding glass doors and ground floor windows shall be equipped with auxiliary
locks, as approved by the Chief of Police.
B. Trash Disposal. Each property shall provide accessible trash disposal areas. If not screened
within a garage or structure, each disposal area shall be screened from public view. Such
enclosures shall provide area of sufficient size to accommodate trash and recycling bins for
residential and commercial uses on site. Trash compactors shall be located within an enclosed
building.

Santa Clara Zoning Code, Title 18 July 2025 2-61

Chapter 18.22 Lawrence Station Area Plan Zoning District

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.24

Chapter 18.24 – Two-Unit Dwelling Residential Development and

Urban Lot Splits

Sections
18.24.010 – Purpose
18.24.020 – Applicability
18.24.030 – Construction of multiple units in single-family zones
18.24.040 – Development Standards applicable to all lots with two units
18.24.050 – Development Standards within R-1 building envelope
18.24.060 – Development Standards outside R-1 building envelope
18.24.070 – Urban Lot Spilts
18.24.080 – Accessory Dwelling Units
18.24.090 – Definitions

18.24.010 – Purpose
A. The purpose of this chapter is to regulate two dwelling unit residential development and urban
lot splits in compliance with California Government Code Sections 65852.21 and 66411.7 to
allow two detached or attached housing units on one parcel, and ancillary uses and structures,
and to allow urban lot splits. Proposed two dwelling unit housing developments and urban lot
splits shall be considered ministerially, without discretionary review or a hearing, if the proposed
housing development meets all of the requirements of this chapter.
18.24.020 – Applicability
A. This chapter shall apply to properties within the single-family residential zone (R1-6L) and
single-family residential, larger parcel zone (R1-8L), with the following exceptions:
1. The development site is within a State or local historic district or is included on the
State Historical Resources Inventory or on the City’s Historic Resource Inventory.
2. The property is located on a hazardous waste site, as defined by Government Code
Section 65913.4(a)(6)(E).
3. The property is within a special flood hazard area subject to inundation by the one
percent annual chance flood (one hundred (100)-year flood), as defined by
Government Code Section 65913.4(a)(6)(G).
4. The property is within a regulatory floodway, as defined by Government Code Section
65913.4(a)(6)(H).
5. The development would demolish or alter any existing dwelling unit that is subject to
affordability restrictions under a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low income.
6. The development would demolish or alter any existing dwelling unit on the lot that has
been occupied by a tenant in the last three years prior to the date of application. (Ord.
2048 § 1, 8-16-22).

Santa Clara Zoning Code, Title 18 July 2025 2-63

Chapter 18.24 Two-Unit Dwelling Residential Development and Urban Lot Splits

18.24.030 – Construction of multiple units in single-family zones

A. Notwithstanding SCCC Chapter 18.10up to two homes are permitted on a single parcel within
the R1-6L and R1-8L zones, subject to the requirements of this chapter. On a parcel that has
not been divided pursuant to SCCC 18.24.070, accessory dwelling units meeting the
requirements of 18.60.020 are also permitted.
18.24.040 – Development Standards applicable to all lots with two units
A. Off-Street Parking Requirements. For development that will result in two units on a lot, the
minimum parking requirement shall be one space per unit, with the exception that no parking
is required if the parcel is located within one-half mile walking distance of either a high-quality
transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code,
or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or if the
parcel is located within one block of a car share facility.
B. Off-Street Parking Regulations and Design Standards. If off-street parking is required, the
parking shall meet the parking design standards in Chapter 18.38.
C. Solar Access. After the installation of solar collector, a person owning or in control of another
property shall not construct or alter a residence so as to cast a shadow greater than ten percent
of the collector absorption area upon that solar collector surface at any one time between the
hours of 10:00 A.M. and 2:00 P.M., Pacific Standard Time.
18.24.050 – Development Standards within R-1 building envelope
A. For development that will result in two units on a lot, if both units proposed will be located
entirely within the allowed R-1 building envelope, the development standards of the R1-6L or
R1-8L zone will apply to each house, except that the maximum number of houses shall be two
per lot.
18.24.060 – Development Standards outside R-1 building envelope
A. For development that will result in two units on a lot, where any portion of a building or buildings
is proposed to be located outside of the allowed R-1 building envelope, the following
development standards apply.
B. Residential developments shall comply with the development standards in this chapter and for
the R1-8L and R1-6L zones, as applicable, set forth in Chapter 18.10 ) and additional parking
regulations set forth in Chapter 18.38 (Off-Street Parking Regulations and Design Standards),
with the following exceptions:
a. Size. Units may be as small as two hundred twenty (220) square feet in floor area
or as large as one thousand (1,000) square feet in floor area.
b. Maximum Height/Stories.
(1) Rear fifteen (15) feet of a parcel: buildings or structures shall not exceed
one story in height or sixteen (16) feet.
(2) All other areas on the parcel: buildings or structures shall not exceed one
and one-half stories or twenty-five (25) feet in height.
c. Side and Rear Setbacks. Minimum side and rear setbacks shall be the least of the
following:
(1) As required by the development standards for the R1-6L and R1-8L
districts in Chapter 18.10, as applicable;
(2) Four feet;

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.24

(3) The setbacks of an existing structure for which there is no proposal to alter
its dimensions, or a structure constructed in the same location and to the same
dimensions as an existing structure.
d. Upper Story Windows. Second story egress windows shall face the front property
line or interior of the project. Otherwise second story windows must be either of
the following:
(1) Five-foot minimum sill height above finished floor; or
(2) Clerestory; or
(3) Opaque/frosted glass.
e. Second Story Balconies and Roof Decks. Balconies with a maximum depth of
four feet allowed within the R1-6L and R1-8L setbacks. Roof decks are not
allowed.
f. Front Door Placement/Orientation. For units within thirty (30) feet of a street,
the main entrance door or entry porch must be oriented to the street and be
located no more than five feet behind the front most wall of the unit.
g. Garage Location/Size. For garages within thirty (30) feet of a street, the
maximum width for a garage with a garage door facing the street is forty
percent (40%) of the lot width.
h. Front Yard Landscaping. A minimum of fifty percent (50%) of the front yard
shall be maintained as unpaved landscaping, except as may be required to
meet minimum off-street parking and access requirements of the Zoning Code.
i. Modification or Waiver of Standards. An applicant for a residential
development that will result in two homes on a lot may apply for a modification
or waiver of specific development standards, if all of the following requirements
are met:
(1) The applicant must demonstrate, to the satisfaction of the Zoning
Administrator, that the strict application of development standards in this
chapter, or the standards required for the R1-6L and R1-8L districts in Chapter
18.10would preclude the construction of a maximum of two units, where each
unit is at least eight hundred (800) square feet in floor area.
(2) The applicant shall have the burden of proof to establish that the
modification or waiver is necessary and that there is no redesign possible that
would still allow for the construction of two dwellings of at least eight hundred
(800) square feet without the modification or waiver.
(3) Notwithstanding the foregoing, a modification or waiver shall not be used
to reduce the minimum setback size to less than four feet, unless the setback
is on an existing legal structure with setbacks of less than four feet, and the
proposed development either (A) does not propose to modify the dimensions
of that existing structure, or (B) will replace the structure with another structure
with exactly the same dimensions.
18.24.070 – Urban Lot Splits
A. An application for a parcel map for an urban lot split within the R1-6L or R1-8L zones shall go
through a streamlined review process pursuant to SCCC 17.05.430 if it meets all of the
requirements of this section.
B. Subdivision Requirements. A parcel map for an urban lot split must meet all of the following
requirements:

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Chapter 18.24 Two-Unit Dwelling Residential Development and Urban Lot Splits

a. The parcel map subdivides an existing parcel to create no more than two new
parcels of approximately equal lot area; provided, that one parcel shall not be
smaller than forty percent (40%) of the lot area of the original parcel proposed
for subdivision.
b. Both newly created parcels are no smaller than one thousand two hundred
(1,200) square feet.
c. Both newly created parcels have a minimum twenty-four (24) feet of street
frontage with a minimum average width of twenty-four (24) feet. For flag lots,
the flagpole portion, whether this is part of the flag lot or an easement to the
flag lot, shall have a minimum width of twelve (12) feet and a maximum width
of fifteen (15) feet and the flag portion shall have a minimum depth of forty (40)
feet.
d. Both parcels resulting from the urban lot split have access to, provide access
to, or adjoin the public right-of-way through right-of-way frontage or recorded
access easements (as a covenant of easement on the parcel map).
e. The approved parcel map shall include a notation that the parcels were created
using the urban lot split provisions of this chapter and the resulting parcels
cannot be further subdivided under this section.
f. The urban lot split conforms to all applicable objective requirements of the
Subdivision Map Act (Division 2 (commencing with Section 66410)), except as
otherwise expressly provided in this section.
g. The parcel being subdivided was not established through prior exercise of an
urban lot split as provided for in this chapter.
h. Neither the owner of the parcel being subdivided nor any person acting in
concert with the owner has previously subdivided an adjacent parcel using an
urban lot split as provided for in this chapter.
2. Development Standards. Development standards for each new parcel resulting from
an urban lot split shall conform to the requirements of this Chapter. Development
standards shall be applied to each new parcel individually. New flag lots shall provide
a fifteen (15)-foot minimum front setback (measured from the property line shared
between the front lot and the flag lot).
3. Nonconforming Zoning Conditions. Correction of legal nonconforming zoning
conditions shall not be required as a condition for ministerial approval of a parcel map
application for the creation of an urban lot split.
4. Residency Requirement. An applicant for an urban lot split shall sign an affidavit stating
that the applicant intends to occupy one of the housing units as their principal residence
for a minimum of three years from the date of the approval of the urban lot split. This
requirement shall not apply to an applicant that is a “community land trust” as defined
in Revenue and Taxation Code Section 402.1(a)(11)(C), or is a “qualified nonprofit
corporation” as described in Revenue and Taxation Code Section 214.15.
5. Residential Use. Except as authorized by Section 18.60.120 (Home Occupations), any
parcel created through this chapter may only be used for residential purposes and any
unit created through this chapter shall not be used as a short-term rental (rented for a
period of thirty (30) days or less).

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.24

18.24.080 – Accessory Dwelling Units

A. On a parcel that has not been divided pursuant to this Chapter, an accessory dwelling unit (ADU)
and/or a junior ADU (JADU) that conform with California Government Code Sections 65852.2
(ADUs) and 65852.22 (JADUs) are allowed in addition to the units allowed in this section. Once a
parcel has been divided pursuant to SCCC 18.24.070, however, the maximum number of dwellings
on each resulting parcel, inclusive of any ADU or JADUs, is two.

18.24.090 – Definitions
A. For purposes of this chapter the following definitions shall apply:
1. “Acted in concert” means that the owner, or a person acting as an agent or
representative of the owner, knowingly participated with another person in joint activity
or parallel action toward a common goal of subdividing the adjacent parcel.
2. “Car share facility” means one or more parking spaces that have been designated
permanently for car share vehicles, where the vehicles are leased for short periods of
time, often by the hour.
3. “Demolish or alter” means removal of more than twenty-five percent (25%) of exterior
walls on a building even if the rental unit itself is not altered.
4. “Egress window” means a window with minimum net clear opening dimensions of at
least twenty (20) inches in width and twenty-four (24) inches in height.
5. “Flag lot” means a parcel with access provided to the bulk of the lot by means of a
corridor between twelve (12) and fifteen (15) feet in width, inclusive.
6. “Half story” means a habitable living space with a sloping roof, which may have dormer
windows.
7. “R-1 building envelope” means an area defined by the minimum setback and maximum
lot coverage requirements of the R1-6L and R1-8L districts in Chapter 18.10,
whichever is applicable.
8. “Solar collector” means a fixed device, structure, or part of a device or structure, on the
roof of a building, comprising photovoltaic panels, that is used primarily to transform
solar energy into electrical energy.
9. “Urban lot split” means a subdivision of a residential lot located in either the R1-6L or
R1-8L zone into two lots subject to the requirements of this chapter.

Santa Clara Zoning Code, Title 18 July 2025 2-67

Chapter 18.24 Two-Unit Dwelling Residential Development and Urban Lot Splits

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Article 2 – Zones, Allowable Uses, and Development Standards Chapter 18.26

Chapter 18.26 – Downtown Form-Based Code

Santa Clara Zoning Code, Title 18 July 2025 2-69

SANTA CLARA DOWNTOWN FORM-BASED CODE
CITY OF SANTA CLARA | PUBLIC DRAFT | OCTOBER 2023
 SANTA CLARA DOWNTOWN PRECISE PLAN
SANTA
SANTACLARA
SANTA
CIT
Y OF
CLARA
CLARA
Y OF
OF
DOWNTOWN
SANTA
DOWNTOWN
DOWNTOWN
SANTA
CLARA
CLARA
PRECISE
PRECISEPLAN
FORM-BASED
| DRAFT
PLAN
CODE
CIT Y OF SANTA CLARA | DRAFT | SEPTEMBER 2022

CITCITY SANTA CLARA | |PUBLIC

DRAFT
| SEPTEMBER
| SEPTEMBER
DRAFT 2022
20222023
| OCTOBER

ACKNOWLEDGMENTS
City of Santa Clara
ACKNOWLEDGMENTS
ACKNOWLEDGMENTS
Downtown Community Task Force
Butch
City of
City ofCoyne
SantaSanta
ClaraClara
Rob Mayer
Downtown
Downtown
Community
Community
Task Task
ForceForce
Dan Ondrasek
ButchButch
Coyne Coyne
Matthew Reed
Rob Mayer
Rob Mayer
Chan Thai
Dan Ondrasek
Dan Ondrasek
Adam
Matthew
MatthewThompson
ReedReed
Ana
ChanChan Vargas-Smith
Thai Thai
Atisha Varshney
AdamAdam
Thompson
Thompson
Debra von Huene
Ana Vargas-Smith
Ana Vargas-Smith
Atisha
Atisha
Varshney
WRT / Varshney
Planning, Urban Design, Team Leader
DebraDebra
von Huene
von Huene
Kimley-Horn / Mobility
WRTWRT
/ Planning,
/ Planning,
UrbanUrban
Design,
Design,
TeamTeam
Leader
Leader
CSW|ST2 / Civil Engineering
Kimley-Horn
Kimley-Horn / Mobility
/ Mobility
Sargent Town Planning / Place-Making & Form-Based Code
CSW|ST2
CSW|ST2 / Civil/ Engineering
Civil Engineering
EPS / Economics
Sargent
Sargent TownTown Planning
Planning / Place-Making
/ Place-Making & Form-Based
& Form-Based CodeCode
Greensfelder Real Estate Strategy / Retail Strategy
EPS /EPS / Economics
Economics
David J. Power & Associates / CEQA
Greensfelder
Greensfelder Real Real Estate
Estate Strategy
Strategy / Retail
/ Retail Strategy
Strategy

DavidDavid J. Power
J. Power & Associates
& Associates / CEQA
/ CEQA
FACING PAGE: FARMERS’ MARKET AT FRANKLIN SQUARE

FACING
FACING
PAGE:PAGE:
FARMERS’
FARMERS’
MARKET
MARKET
AT FRANKLIN
AT FRANKLIN
SQUARE
SQUARE
CONTENTS:
1 General Provisions & Administration . . . . . . . . . . . . . 4

2 The Vision & Coding Approach . . . . . . . . . . . . . . . . . . 8

3 Overview of Standards . . . . . . . . . . . . . . . . . . . . . . . . .14

4 The Downtown Zone & Character Overlays . . . . . . . 16

5 Building Placement . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

6 Building Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

7 Building Massing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

8 Facade Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

9 Private Frontages . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

10 Architectural Projections . . . . . . . . . . . . . . . . . . . . . . 52

11 Signage Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

12 Building Use & Parking . . . . . . . . . . . . . . . . . . . . . . . . 70

13 Site Standards & Guidelines . . . . . . . . . . . . . . . . . . . 76

14 Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

TRANSFORMED DOWNTOWN—This diagram, Figure 5–1 from the Downtown

Precise Plan, illustrates a long-term vision of the concentration of new investment
and activit y possible for Downtown Santa Clara, re-establishing it as a remarkable
mixed-use urban center of culture and commerce.
4 | C i ty o f S a n t a C la r a Down town F or m- B ase Cod e

1 General Provisions & Administration

1.1. Introduction 1.2. Applicability
The Precise Plan describes a revitalized Downtown that is The Development Standards of this Form-Based Code Historic Properties and with the City ’s regulations
comfortably walkable, amenity-rich, and well-connected. regulate land use and the physical form of development for Historic Combining Districts (see Chapter
The vision includes a complete, compact neighborhood, for the ten blocks identified in Figure 4–1 (The Downtown 18.58 of the Santa Clara City Code). The continued
with human-scaled streets framed by buildings with Zone), which corresponds to the Downtown Precise Plan assessment of buildings and sites with potential
active and interesting frontages, and a network of high- Area. The zone established herein replaces the existing but undetermined historic significance will continue
quality streetscapes that weave through Downtown and zoning for all property and uses within its boundaries. throughout the life of the Precise Plan. In particular,
provides a range of mobility options. It is the purpose A. Existing Requirements. This Chapter replaces the City should study the potential eligibility of the
of the Downtown Precise Plan, and especially of these currently-adopted zoning regulations for parcels in downtown post office for the Historic Preservation
standards, to help ensure that this vision is implemented. the Plan area, but relies on many of the land use and Resources Inventory.
These Development Standards seek to guide private and procedural requirements of the Santa Clara City D. Specific to the Historic Combining District. The
development efforts and public improvements so that Code (SCCC). In cases where this Chapter is silent, property located at 906 Monroe St (APN 26920095)
as the Downtown develops, it builds in a way that is the requirements of the SCCC shall apply; in cases shall comply with all regulations of the Historic
physically predictable and consistent with the goals and where there is conflict between the requirements Combining District (HT ) as described in Chapter
policies of the Precise Plan. of this Chapter and those of the SCCC, the 18.58 of the Santa Clara City Code.
To the extent possible, the administration of this code is requirements of this Chapter shall apply. E. Historic Building Reuse. The reasonable use
intended to follow the same procedures and requirements B. Existing Structures and Uses. Permitted structures of historic buildings may necessitate adaptive
as elsewhere in the City. The application process, fees, and uses that do not conform to the standards of reuse. The Director of Community Development
notice of hearing, date of hearing, decision, notice of this Chapter on the date of its adoption shall be ("Director "), to encourage such reuse, may allow
decision, effective date, vested rights, finality of decision, deemed to be legal nonconforming. The provisions flexibility around parking guidelines, change-in-
appeals, and related procedures and revocation shall be of SCCC 18.94 shall apply. use thresholds, and other topics, while remaining
in accordance with the procedures set forth for in Title C. Historic Preservation & Resources Inventory. consistent with the Secretary of the Interior ’s
18 of the Santa Clara City Code (SCCC). Downtown’s historic buildings and sites shall Standards for the Preservation and Treatment of
be preserved as described by the City ’s Historic Historic Properties and with the City ’s regulations
Preservation and Resources Inventory and for Historic Combining Districts (see Chapter 18.58
consistent with the Secretary of the Interior ’s of the Santa Clara City Code).
Standards for the Preservation and Treatment of
 5 | C hapt er 1: Gener al Pro vi s i o ns & Admi ni s t r at i o n

1.3. Rules of Construction 1.4. Architectural Review 1.6. Director Interpretations

The following general rules of construction apply to the All projects within the Downtown Zone (established in Authority. The Director of Community Development or
text of this Chapter. In case of ambiguity, the Director of Chapter 4) are subject to the review process outlined in designee (“Director ”) has the authority to interpret any
Community Development ("Director ") shall determine the SCCC § 18.76 (Architectural Review). provision of this Code. Whenever the Director determines
appropriate application of standards based on the vision that the meaning or applicability of any Code requirement
for Downtown Santa Clara described in Chapter 1 and the is subject to interpretation, the Director may issue an
Downtown Precise Plan. 1.5. Public Notice official interpretation. See SCCC § 18.02.040.
A. Definitions. Whenever a defined word appears
in this Chapter, its meaning is as set forth in this Notice of any public hearing required under the terms of
Chapter. If a word is not defined in this Chapter, this title shall be given as required in the Zoning Code,
the definition in the Zoning Code shall apply. except that notice shall be provided to all properties within
Definitions for words that are not defined in either a minimum of one thousand (1,000) feet from the exterior
this Chapter or the Zoning Code are interpreted in boundaries of the area actually occupied or to be occupied
accord with their dictionary meaning and customary by the use which is the subject of the hearing.
usage.
B. Illustrations. In case of any difference of meaning
or implication between the text of any provision
and any illustration or photograph, the text shall
control, unless the intent of the standard is clearly
otherwise.
C. Terminology. "Shall" is prescriptive; "should" is
directive; "may" is permissive.
D. Uncertainty. In cases of uncertainty regarding the
application of any of these Development Standards,
the Director shall have the authority to make a
determination.
6 | C i ty o f S a n t a C la r a Down town F or m- B ase Cod e

1.7. Deviation from TABLE 1-1 | DEVIATIONS FROM STANDARDS

Standards § Standard
Max. Deviation from
Numeric Standard
Required Finding(s)
In some instances, it may be practical to deviate
slightly from the Standards of this Code while 4 The Downtown Zone and Character Overlays
still meeting the vision of the Downtown Precise
Dimensions in Figure 4-2 • Any dimensional deviation is warranted to accommodate a building's bay and
Plan. In such a case, the Planning Commission Massing Increment rhythm
shall have the authority to grant deviations from 10%
• Any dimensional deviation does not detract from a ground floor's ability to provide
the development standards of this chapter in a Shopfront where required.
accordance with the provisions of SCCC § 18.108 5 Building Placement
and in accordance with the maximum deviations
Standards in Table 5-1 • The building(s) help(s) define and provide appropriate enclosure to the public
and associated required findings in Table 1-1. realm.
0%
For any standards not listed in Table 1-1, no • The design is harmonious with the existing built context,
deviation is permitted. In all cases, no deviation
Standards in Table 5-2 • The portion of the Build-To Range which is not built out is a meaningfully-
shall be granted if it hinders a project's ability designed, useful and beautiful space rather than unsightly leftover space.
10%
to contribute to the vision for Downtown Santa
• Rear setbacks with alleys provide adequate space for any required trash, fire,
Clara as detailed in the Downtown Precise Plan or utilities access.
All other numeric standards in Section
and/or hinders its ability to achieve the intent of 5 • Where fire access is required, separation meets fire code and the discretion of
the standard in question. local fire official.
Special consideration for deviations shall be 10% • Where exceptions to standards are necessary to enable the adaptive reuse
given to the cultural/civic anchors described in of existing buildings, provided that the ground floor frontage is calibrated, to
the Precise Plan, such as the Food Hall / Market the extent practical, according to the standards and guidelines of Section 9.
In exceptional adaptive reuse cases, the Planning Commission may allow a
Structure on Arts Commons. New cultural/
deviation greater than those listed in this table.
civic structures play a pivotal role—as does
6 Building Height
the existing historic Post Office building—in
All numeric standards in Table 6-1, • Not applicable: no deviation allowed.
establishing Downtown as a destination with 0%
Figure 6-1, and Figure 6-2
unique physical markers. Such buildings warrant
All numeric standards in Table 6-2 and • Any deviation in dimensions is mitigated through excellence in design which
special architectural gestures, executed to a high
Section 6.3.C through 6.3.J 20% clearly meets the intent for the Plan Area as described in the Precise Plan.
artistic standard.
• Floor-to-ceiling height is not less than 8 feet.
7 Building Massing
All numeric standards in Section 7 • High quality architectural design and materials used create enough visual interest
20%
to compensate for any dimensional deviations.
8 Facade Design
All numeric standards in Section 8 • Exceptional architectural style and quality of materials create visual interest
that compensates for a lower amount of windows, doors, or entrance frequency.
20%
• The facade is organized into a coherent rhythm of bays and the intent of an
active & interesting ground floor environment is still met.
 7 | C hapt er 1: Gener al Pro vi s i o ns & Admi ni s t r at i o n

Max. Deviation from

§ Standard Required Finding(s)
Numeric Standard

9 Private Frontages
All numeric standards in Section 9 • Any deviation in dimensions is mitigated through excellence in design and enables
the frontage to accomplish the intent of private frontages
20%
• Any deviation doesn't hinder a frontage's ability to serve its role according to
its frontage type
10 Architectural Projections
All numeric standards in Section 10 • Any deviation in dimensions is mitigated through excellence in design.
20% • Any deviation does not restrict the projection's ability to serve its purpose (i.e.
a balcony shall remain usable rather than simply decorative).
11 Signage Design
All numeric standards in Section 11 • The sign is not auto-oriented in nature.
20% • The sign is appropriately scaled to the size of the building & business.
• The sign enhances the aesthetic quality of the public realm.
13 Site Standards & Guidelines
All numeric standards in Section 12 • The high quality of the architectural/landscape design and the materials used
create enough visual interest to compensate for any dimensional deviations.
• Privacy requirements are adequately balanced with visual safety needs.
• Any additional wall height is warranted to provide appropriate privacy to the
space it is enclosing, due to a unique site condition (i.e. space is highly exposed
or adjacent an undesirable site condition outside of developer's control).
20% • Decreased wall height is warranted if a landscaping feature provides the desired
privacy.
• The enclosed space provides adequate visibility to the public realm ("eyes on
street").
• Architectural style is consistent with the design of the building and/or the public
space it is enclosing; strong landscaping is provided between wall and sidewalk.
8 | C i ty o f S a n t a C la r a Down town F or m- B ase Cod e

2 The Vision & Coding Approach

2.1. A New Code for Downtown Santa Clara
This Section provides a non-regulatory introduction to the Code. All standards and topics referenced in this section are found in later sections of this Code.

FRANKLIN STREET IN 1898 FRANKLIN STREET IN THE 1950S FRANKLIN STREET TODAY

A. Implementing the Vision. The essential character and community value of the C. Conceptual Vision. The Precise Plan also provides a clear conceptual
historic downtown that Santa Clara lost in the 1970s was defined by its public vision for the types, sizes, uses and design character of the buildings that
realm – the beautiful, comfortable, lively, useful and entertaining “outdoor rooms will shape and activate those public spaces. Through the hard work of the
of the community ” – and by the unique buildings and lively mix of retail, dining, Downtown Community Task Force, city staff and officials, and the planning
entertainment and civic uses that lined and activated those public spaces. The same and design team a remarkably detailed and nuanced vision has emerged,
is true of the envisioned future Downtown Santa Clara. Within the streets, plazas, defining specific building size, form, use and design characteristics on a
parks, paseos, courtyards and buildings of the restored Downtown that the civic, street by street and block by block basis.
cultural, economic and social life of Santa Clara will once again be centered. D. Development Standards and Guidelines. The standards and guidelines
B. The Precise Plan. Developed through a 3-year community process, The Precise Plan of this Code are both “place-based” and “form-based”, with all standards
has clearly defined the public space network for the restored downtown, which will and guidelines keyed to a Regulating Plan, which mirrors exactly the public
act as its organizational and mobility framework. The starting point for the public realm plan in the Precise Plan. This enables to Code to assign building
realm framework is the systematic restoration of the historic street grid and resulting height standards, building setback standards, building use standards, and
pattern of very walkable square blocks, to which the Precise Plan has added a building form and design standards and guidelines on a street-by-street and
number of very special new public gathering spaces in the form of plazas and block-by-block basis in order to systematically and predictably implement
greens. In addition to defining the vision for the restored downtown, the Precise Plan the community ’s vision.
includes detailed standards and design guidelines for the public realm, including all
the streets, plazas, parks and other public open spaces, as well as implementation
strategies and procedures.
 9 | C hapt er 2: The V i s i o n & C o di ng Appro ach

THE ROLE OF BUILDINGS—The walls of outdoor rooms OPEN SPACES—Parks and square form par t of downtown's varied set of urban spaces.

E. The Role of Buildings. If the streets and plazas and greens of the Downtown are by shopkeepers, customers, residents and office workers within the buildings.
“the floors” of the outdoor rooms of the public realm, it is buildings that form “the This requires that all facades include generous amounts of windows. Windows
walls” of those rooms, providing a strong sense of spatial enclosure (a.k.a. “sense are “the eyes of the building”, giving the entire Downtown “a lived-in look.” Blank
of place”) and activating the public real with retail, restaurant, entertainment, walls are very destructive of comfortable urban places, most particularly at
civic, office and residential uses and activities. In conventional suburban the ground floor level. Further, as discussed below, the design of ground floor
environments, buildings are interspersed with parking lots and landscaping in building frontages must be such that ground floor occupants do not feel the need
freeform patterns, with buildings essentially free-floating in “open space” that is to keep window blinds closed all the time for privacy, as windows that are always
designed primarily for driving and parking cars. In downtowns and the traditional covered do little more for pedestrian comfort and safety than blank walls.
neighborhoods that usually surround them, buildings are set purposefully at or
F. Coding Approach. This Code is a system for ensuring that each new increment
near the sidewalks, with the facade of every building and every development
of private development and public improvement contributes to achieving the
project working together to generate a steady but varied “streetwall” to define
community ’s vision as documented in the Precise Plan. Unlike “a project” – which
human-scale pedestrian-oriented public spaces. The streets surely accommodate
may be designed and built all at once by a single developer or investor – “a plan
automobiles, but are designed first and foremost for people. It is the constant
presence of pedestrians, and high levels of human activity in the downtown and code” is a recipe for ensuring that many projects built by many people over
public realm that makes it attractive, active, safe and comfortable throughout the course of many years will generate a coherent, cohesive and varied set of
the day and late into the evening. The safety and comfort of the that public realm urban spaces and places, consistent with the community ’s vision and aspirations.
also depends to a very large degree on the “eyes on the street” that are provided The code is essentially “the vision, reverse engineered” into a set of rules and
1 0 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

procedures which, if followed, will enable each new project to meet market demand, to
express the vision and creativity of its developer and designers, while also contributing to
the making of a complete, new downtown of sustained and growing long-term value.
G. Code Regulations. The Code regulates all of the standard zoning topics related to building
use, building heights and setbacks, parking requirements, and permitting processes. It
also provides standards for building form and design.
1. Building Placement. To emphatically define the public spaces of the Downtown, building
facades must be built at or near – and parallel to – the frontage line or back of sidewalk.
Along Franklin Street and other retail streets, most building facades must be built right
on the frontage line in the classic “main street shopfront” pattern. Along streets with
existing or new housing, buildings must be set back from the sidewalk behind shallow
landscaped yards, providing a degree of privacy for residents and compatibility with
nearby homes. The design of building ground floors and front setback areas– see
Frontages, below – is systematically correlated with building placement to optimize
the function and value of the ground floor uses in that building and in surrounding
properties.
BUILDING PL ACEMENT—Shopfronts line the back of the sidewalk
2. Building Height. Along Franklin Street and within the downtown core, building heights
may vary from 2 to7 stories, or up to 9 allowed by height bonus provisions that may
be granted for exceptional projects. But buildings along the Neighborhood Edges
– particularly along Benton, Madison, and Homestead – must be “scaled down” for
compatibility with surrounding historic neighborhoods. The taller buildings in the core
provide very strong spatial definition and decidedly “urban character ” to that area.
They also provide opportunities for significant quantities of housing and office uses in
addition to the downtown commercial uses, and generate economic value capable of
supporting the construction cost of efficient, shared, structured parking facilities that
will enable such a concentration of active uses without a surrounding “sea of parking
lots.”
H. Code Provisions. In addition to regulating overall building heights, the Code includes
provisions that regulate the heights of ground floors, to ensure generous spaces for shops,
restaurants and other active downtown uses. It also includes provisions for manipulating
the “apparent height”, or “scale”, of buildings to ensure greater compatibility of taller
buildings with surrounding existing and future smaller buildings. For example, the tallest
new buildings are required to provide clearly defined 2-story bases that are approximately
the height of the two-story historic downtown buildings and existing two-story homes
in surrounding neighborhoods. As described below, building facade standards include
BUILDING HEIGHT—scaling down from the center to surrounding residential
provisions requiring building height variations in tandem with building width standards to
differentiate adjacent buildings one from the other.
 1 1 | C hapt er 2: The V i s i o n & C o di ng Appro ach

1. Building Facades, Scale and Character. Quite literally “the walls” of each street and
block of the Downtown, building facade standards are coordinated with the street design,
building height and building use standards to ensure that the scale and character of each
public space is consistent with the vision and intent of the Precise Plan. Facade design
is at the intersection of architecture and urban design, of development and placemaking,
and done well can ensure that each building meets the programmatic and financial goals
of property owners, investors and users, while positively contributing to the making of a
fine new downtown public realm for Santa Clara in the primary ways.
2. Facade Organization. The historic buildings within the downtown core along Franklin
Street were typically 25 to 60 feet wide, such that each block was comprised of 5 to 10
individual buildings. That pattern was based on the original subdivision of the Downtown
into 25- or 30-foot-wide lots, and the development of buildings on one or two or
occasionally three lots. Most of the residential lots across Benton Street, Madison Street
and Homestead Street from the new Downtown are 50 or 60 feet wide, and the primary
masses of most of the homes are 25 or 30 feet wide. All new buildings in the Downtown
are expected to reflect and respect those historic patterns by incorporating comparably
FACADE ORGANIZ ATION—This wide single building breaks down its scale sized and scaled building forms and facade patterns, whether in buildings similar in
into different facade designs to better fit the neighborhood overall size to lost historic structures, or are buildings and projects whose overall size is
considerably larger. This is not an exercise in nostalgia or “historical correctness”, it is to
ensure that the new downtown is compatible with (“in scale with”) the surrounding historic
neighborhoods, and to provide it with a uniquely Santa Clara identity and ambiance.
3. Building Width. The original historic downtown buildings were built on or two or three
of the original 25- or 30-foot-wide lots, and because many were built before automobiles
became a common transportation mode did not include large parking lots or structures
within the blocks. Accordingly, all new building facades are expected to be organized
into “bays” – groupings of doors, windows and other architectural elements. Further, the
facades of wide development projects are also required to be organized into more than
one “Massing Increment,” as perceived from the street. Each 300-foot block face will
contribute at least 4 such Increments to the public realm.
4. Vertical Organization. In addition to organizing door and window openings into bays and
buildings horizontally, fine downtown buildings are prototypically organized vertically with
clear bases, middles and tops.
a. Bases: In the classic American downtown mixed-use building, the base is composed
mainly of large, clear glass shopfront windows and entries, and made of fine, heavy,
strong materials such as stone or brick, that look great close up and age gracefully.
BUILDING WIDTH—50' wide building organized into ver tical bays Some large ground floor openings are also building entries and lobbies leading to upper
floor residences and offices.
1 2 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

VERTICAL ORGANIZ ATION—Base, middle, and top BUILDING FRONTAGES—good design of this space invites activit y

b. Middles: Upper floors are typically fenestrated with the smaller windows of of the fine historic homes in the surrounding neighborhoods. So establishing a
apartments, offices or hotel rooms, typically grouped and stacked above the two-story “scale” in this way within the downtown is a simple way to make new
large ground floor windows in simple rectangular patterns. In some buildings, taller buildings fit in gracefully.
however, large windows comparable in scale to those of the ground floor may 5. Frontages. Frontages are those linear strips of space between the building
continue to the upper floors, while in buildings with residential ground floors face and vehicular traffic. These are generally the spaces with the highest
the smaller window pattern of the upper floors may extend to the ground floor. concentrations of pedestrian activity, commercial activity, and social activity – the
c. Tops: Building tops may be designed in many different ways. Some have visible spaces through which pedestrians move throughout the Downtown, window shop,
pitched roofs, others are provided with projecting architectural cornices, and dine outdoors, and enter and exit buildings. Accordingly, the design and function
some have very simple caps on parapet walls. The scale of buildings taller of frontages is critically important to the success and value of each and every
than 3 or 4 stories may benefit from more emphatic articulation of their top ground floor use, very likely the most important single topic addressed by this
floor, with techniques including special materials or window patterns, recessed Code.
balconies or porticos, or roof terraces with pergolas or roofs. 6. Privacy Modulation. A fundamental role of frontages in urban places is as
d. Combinations: Finally, for taller buildings, in addition to strong tops, two-story “privacy modulators” for ground floor uses. In suburban environments, privacy for
bases are required to moderate the appearance of height and to establish a ground floor uses is provided by setting buildings back behind wide landscaped
strong two-story scale from the perspective of the pedestrian. Most of the “buffers” and parking lots, which have no place in downtown streetscapes, so
buildings of Santa Clara’s historic downtown were two stories tall, as are most more nuanced manipulations of building facades and judicious use or shallow
 1 3 | C hapt er 2: The V i s i o n & C o di ng Appro ach

RETAIL E XPOSURE—Clear glass blurs the barrier between interior and ex terior space. RESIDENTIAL AND OFFICE PRIVACY—elevated ground floors
Note: This example is an exceptionally wide expanse of glass. Most facades will be
divided into multiple smaller bays divided by ver tical structural elements.

setbacks is required. The Frontage Standards and Guidelines of this Code work than along retail frontages, and street trees are typically planted in continuous
in combination with the building setback and facade design standards and planting strips that further enhance the “front yard” character of the streetscape.
guidelines to appropriately calibrate privacy for each type of ground floor use. 9. Intermediate/Flex Frontages. A variety of intermediate or “user-reconfigurable”
7. Retail Exposure. Retail shops thrive on openness and visibility to passing frontage types are defined to enable ground floor uses to change over time with
pedestrians and motorists, so retail frontages are characterized by wide market demand, without major reconstruction each time the use changes. Office/
sidewalks and large, clear glass openings set right on the back of the sidewalk, Retail Flex frontages enable occupation of ground floor spaces with office uses,
effectively “blurring the line” between interior and exterior space. Within the wide and conversion to more active retail and restaurant uses in the future. This can
sidewalks, outdoor dining or merchandizing may spill out onto the sidewalk next be accomplished simply by allowing more window coverings than permissible
to the shopfront, or within the street tree and furnishing band next to the curb, or in retail establishments, and/or my providing marginally smaller windows than
in some cases within the curbside zone in lieu of parking or vehicular drop-off. classic retail, still suitable for future retail or restaurant tenants. Residential/
8. Residential and Office Privacy. Ground floor residents or office workers, on Retail Flex may include similar strategies, but only in buildings set back from the
the other hand, do not want every passing pedestrian looking into their home or sidewalk, with landscaping in the setback area for residential use that can be
office, so residential and office frontages set the building back behind a shallow replaced with sidewalk paving in the future for retail tenants. This is a complex
landscaped front yard and often elevate the ground floor 2 or 3 feet above the topic and is addressed in the standards and guidelines of the Code.
sidewalk so that sills of their smaller ground floor windows are at or above the
eye level of passing pedestrians. Sidewalks are comfortably wide, but narrower
1 4 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

3 Overview of Standards
3.1. Summary of Regulating Topics
Throughout the Code, standards are grouped into the regulatory topics summarized on this page. Each of these topics represents a section of the Code; the section number is
noted alongside each title. This topical organization enables the Code to systematically implement the vision as articulated in the Precise Plan and follow the approach described
in the previous section, Section 2. Before referencing the standards found in the remainder of this Code, applicants proposing any new development in the Downtown Zone
should familiarize themselves with Section 2 as well as the Santa Clara Downtown Precise Plan. After covering each of these topics, the Code concludes with a glossary of the
specialized terms which are used throughout.

CH. 4: THE DOWNTOWN CH. 6: BUILDING HEIGHT

ZONE & CHARACTER Building heights are regulated in order to
OVERLAYS properly concentrate intensity at the heart
A Downtown Zone is applied to the 10 of Downtown while scaling appropriately
blocks of the Plan Area to implement the to the existing context.
standards of this Code and the vision of the
Precise Plan. Character Overlays are used
to further calibrate the standards of the
Code to the multiple unique environments
within the Downtown Zone.

CH. 5: BUILDING PLACEMENT CH. 7: BUILDING MASSING

Building placement standards ensure that Building massings are regulated to ensure
new buildings are sited and oriented to that new large developments do not have
appropriately define and engage new and massive, monolithic facades that feel
existing streets, public spaces, courts, and overbearing to pedestrians. Buildings are
Street

Street

Building Footprint
paseos. required to reflect the rhythm and scale of
the historic Downtown.
 1 5 | C hapt er 3: O ver vi ew o f St andards

CH. 8: FACADE DESIGN CH. 11: SIGNAGE DESIGN

This section ensures that building facades Signs will be a strength of Downtown
have an appropriate amount of windows buildings. They will be beautiful and
and doors, and that those windows, doors, bring visual interest to the street while
and other facade elements are organized drawing patrons to businesses and other
into a rational composition of floors and destinations within the Downtown Zone.
bays.

CH. 9: PRIVATE FRONTAGES CH. 12: BUILDING USE

Private frontage standards regulate the & PARKING
building face and everything between that Use regulations ensure that upper floors have the
Parking
building face and the sidewalk. Design flexibility to accommodate a wide range of activity
Garage
is to be calibrated to ensure a mutually in Downtown and that ground floors are occupied
beneficial relationship between the private by uses which are appropriate to their Downtown
property and the public realm. Wide Range of Upper
context—regulated by Character Overlay. This
e
F ro n ta g Floor Uses
P ri v a te La section also ensures the proper placement of
fa St
n
ye
tte n kli parking within buildings.
St F ra

CH. 13: SITE STANDARDS

CH. 10: ARCHITECTURAL
& GUIDELINES
PROJECTIONS
Site standard and guidelines regulate a
Architectural projects are the elements
wide range of private realm elements—
which stick out from the facade into the
including waste and utilities, site walls,
private setback. These elements enhance
lighting, and on-site open space—to
the relationship between the building and
ensure that such elements contribute to
the public realm.
the Downtown environment while serving
building occupants.
1 6 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

4 The Downtown Zone & Character Overlays

4.1. The Downtown Zone FIGURE 4-1 | DOWNTOWN ZONE PLAN
A. The Downtown Zone shall be applied to the land
within the 10 blocks of Downtown which are
established by the Precise Plan. The Downtown
Zone is shown in purple in Figure 4.1 to the right.
B. Figure 3–2 of the Precise Plan establishes the I G E C A
rights-of-way for each existing and new street and
public open space within the Downtown Precise Central Arts
Franklin Green Commons
Plan Area. This figure is included in the lower left Square
for reference.
C. The new network of pedestrian-oriented streets
and open spaces shall be designed in accordance
J H F D B
with the design standards specific to each, which
are set forth in Chapter 3 of the Precise Plan.

PRECISE PLAN FIGURE 3–2 | DOWNTOWN STREETS & PUBLIC SPACES

Legend

Franklin
Square
Central Arts
Green Commons
 1 7 | C hapt er 4: The Do w nt o w n Zo ne & C har act er O ver l ays

4.2. Character Overlays

A. Four Character Overlays are established per Figure 4-2: Character Overlays. The intent of these overlays is to calibrate the standards and guidelines of the Code to the
specific urban environments envisioned by the Precise Plan. This includes concentrating street life at key locations within the heart of Downtown while transitioning
smoothly to the existing neighborhood context at the edges of Downtown.
B. The Character Overlays include:
1. Shopfront Overlay. The Shopfront Overlay determines the most active and urban 3. The General Overlay. The General Overlay is the most flexible. It allows for
nodes of Downtown. It locates where the most active ground floor uses, such as ground floor residences and offices as well as retail-ready frontages and
restaurants or national retailers, are desired. The Shopfront Overlay extends into the shopfronts. All areas not subject to the Shopfront or Retail-Ready Overlays
lot to a depth of 50' beyond the primary facade (or 30' for local non-formula retail fall within the General Overlay.
and restaurant establishments, per Section 9.4.A). 4. Neighborhood Edge Overlay. The Neighborhood Edge overlay ensures
2. The Retail-Ready Overlay. The Retail-Ready Overlay fills the gaps between the most that the overall building form transitions to the scale of the surrounding
active nodes. This environment will feature a wider range of ground floor uses than neighborhoods, so that you don't have long, monolithic facades across from
in the Shopfront Overlay, but it must be able to transition to having the qualities the existing small house-form buildings. It extends from into the lot to a
of the Shopfront Overlay with retail and restaurant ground floors. The Shopfront depth of 20' beyond the primary facade. It overlaps with other overlays (see
Overlay extends into the lot to a depth of 50' beyond the primary facade (or 30' for Figure 4-2) and therefore, its requirements are in addition to those of the
local non-formula retail and restaurant establishments, per Section 9.4.A). underlying overlay.

FIGURE 4-2 | CHARACTER OVERLAYS Overlays

Shopfront
a Retail-Ready
c General
E C A Neighborhood Edge
I G Dimensions
c c (Measured along the applicable

c * c b b
e private property line)
a = 50 feet
c c b = 70 feet
c = 90 feet
J H F D B e = see Standard 5.3.E

b b
* Potential relocation of Franklin Square and its
fountain to the block to the north, as part of any
future development which includes the demolition
of the existing building at this location.
1 8 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

5 Building Placement
5.1. Intent 5.2. Applicability FIGURE 5-1 | BUILDING PLACEMENT
The standards and guidelines of this The standards and guidelines of this section Benton Street
section seek to ensure that, to the extent apply to all projects which include the
practical, new buildings are sited and construction of new primary buildings. C E
B
oriented to appropriately define and
engage new and existing streets, public

This is a 100% buildout along the street.

spaces, courts, and paseos (See Section
14 for a Glossary of all words in italic blue
font). Alley

D A

Main Street (North)

Jackson Street
Forecourt B
See Standard 9.3.B

Arcade
See Section 10.4.H
)
th B Public Open Space
or
(n Gallery See Precise Plan,
et
re See Section 10.4.I Chapter 3
Fra St
nkl n
in S ai
tree M
t

Property Line Franklin Street

BUILDING PL ACEMENT—This Axonometric view of the Building Placement diagram

(Figure 5-1) illustrates how buildings are to be set close to the front proper t y line (per Building Footprint
Table 5-2) to define and engage streets and open spaces. Property Line
 1 9 | C hapt er 5: B ui l di ng Pl acement

5.3. Standards TABLE 5-1 | FACADE BUILDOUT BY CHARACTER OVERLAY

A. Frontage Buildout. The primary facades of new Shopfront Retail-Ready General
primary buildings shall be set within the build-to Facade Buildout in Front Street Build-To Range
ranges in compliance with Tables 5-1 and 5-2 and A (as percentage of total buildable length along 100% 1 100% 1 70-100% 1
the street or open space)
the text of this section. The following elements
may recess from or break the ground floor facade
and constitute allowed exceptions to the frontage
TABLE 5-2 | BUILDING SETBACKS BY STREET (DIAGRAMMED BELOW)
buildout requirement: Franklin Main St Lafayette All Other North- Central Benton St &
St South St South Streets Green Homestead Rd
1. Forecourts, subject to Standard 9.3.B, can
span up to 35% of a lot's frontage buildout Build-To Range
requirement. However, forecourts are not 6’ – 12’; 3
Front Street Build-To
Permitted on Franklin St or the Central Green.
B 12' – 15' 3 0’ – 5’ 3 or 21' – 26' 8’ – 12’ 15' – 20' 5 12’ – 16’
Range 2
with arcade 4
2. Entrances—no wider than 12'—to paseos or Side and Rear Setbacks
passages, or side yards (See Section 9.5).
10% of lot width
Side yard adjacent to
3. Exterior staircases and associated landing areas. C 0’ or 5’, whichever
another lot (min.)
is less
4. Chamfered corners, provided they include an
D Rear with alley (min.) 15’ from the centerline of the alley
entrance or stairway.
Rear without alley (min.) 20’
5. Recessed Shopfronts: Ground floor shopfront
facades may be recessed up to 8' behind the
E Separation between mult.
0’ 10’
buildings on a lot (min.)
Build-To Range to create a "Recessed Shopfront,"
provided the facade above the recessed shopfront Notes
FIGURE 5-2 | BUILDING SETBACKS KEY
is located within the Build-To Range. If the ground 1 See allowable exceptions in §5.3.A.
floor is recessed for multiple adjacent bays (see 2 Measured from the property line(s)
Chapter 8 for more on Bays), there shall be a adjacent to the street or open space.
3 The Franklin St, Main St South, and
wall or column between each bay, supporting the Lafayette St front setback area shall
upper floor facades. be designed as an extension of the

**
sidewalk per Section 9.3.C.

*
B. Building Orientation. Buildings, in order to properly 4 Along Lafayette St, the face of any
orient toward and engage the public realm, shall Arcade shall be set 6 feet from the
Franklin Central Arts
take access from and front the public realm per property line (see §10.4.H).
Square Green Commons
5 Continuous arcade(s) shall project
Chapter 9.
over this setback, lining Central

*
1. Front Setback and Encroachments. The design Green (see §10.4.H).
6 Buildings lining Arts Commons and a
of the front setback area—the space between
potentially-relocated Franklin Square
the ground floor building facade and public shall be set at the edge of those
right-of-way—is regulated by Chapter 9. Allowed spaces, with 100% buildout, as they
Architectural Projections into the front, side, and are dimensioned in Precise Plan Fig.

*
3-2. See also Code Fig. 4-2.
rear setback areas are regulated in Chapter 10. 7 See Standard 5.3.E.
2 0 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

C. Parking and Vehicular Access D. Public Realm Extensions. While most buildings and ground-floor units
1. Per Section 12.1, Surface parking lots are not permitted (exception: parking spaces will front onto and take their primary access from the adjacent Public
along an alley, with no additional aisles for the purposes of accessing parking, are Realm right-of-way, some buildings and ground-floor units may take this
permitted). primary access from shared private spaces and connections that function
as extensions of the public realm into a site. Such spaces comprise a
2. Structured ground floor parking shall be set behind at least 30 feet of occupiable
"Semi-Public Realm” and serve as transitions between fully-public and
ground floor liner space. See Section 12.5.A.2 for parking structure design standards.
fully-private spaces. Public Realm Extensions are subject to the following
3. Vehicular access (see precedent at lower left) into the ground floor of a building, standards:
where allowed, comprises part of a building's frontage buildout. See Section 9.4.F
1. Continuous Access Route. A Public Realm Extension may comprise
for Vehicular Access frontage type design standards.
a single space or connection type, or it may be a sequence of spaces
4. Vehicular drives into a lot, or "driveways" (see precedent lower right), do not and connections. In either case, Public Realm Extensions shall connect
comprise part of the frontage buildout, and they are not exceptions to the buildout directly to the public realm.
percentage. They are not allowed in the Shopfront Overlay, Retail-Ready Overlay, or
a. For public realm connections which extend through the block from
anywhere an alley is present. See Section 12.5.A.1 for driveway design standards.
one street to another (such as a paseo), the maximum distance to any
primary access shall be 150 feet.
b. For public realm connections which do not extend through the block
(such as a forecourt), the maximum distance to any primary access
shall be 100 feet.
c. A space which is ‘floating’ within a block—such as an internal court
which is not linked via other shared spaces or connections to the public
realm—shall not provide the sole frontage to a primary building.
2. Frontage. The standards and guidelines in Sections 8 and 9, the Facade
Design and Private Frontages sections, shall be applied to the facades
which define and front these spaces, including frequent points of building
VEHICUL AR ACCESS INTO THE VEHICUL AR DRIVES INTO A LOT are to be access and clear, ample fenestration.
GROUND FLOOR is a frontage t ype and located and designed to preser ve the beaut y
is regulated by §9.4.F. and function of the Downtown environment. 3. Activation. Semi-public spaces may allow public access or they may
limit access to residents to create a more private space. However, these
spaces are not intended to be fully private, which means that they shall
remain visible from the public realm, and activate the public realm via the
regular coming and going of residents and visitors.
4. Connectivity. Public realm extensions also provide connections through
blocks. This is accomplished with a paseo or through a sequence of
courts and paseos linking together through the block. Where non-
vehicular paths are used, full and unrestricted public access shall be
provided throughout the route.
 2 1 | C hapt er 5: B ui l di ng Pl acement

5. Amenities. Public realm extensions also

double as amenity space, and they should FIGURE 5-3 | PUBLIC REALM EXTENSIONS:
be designed and furnished as such. They SEMI-PUBLIC SPACES AND CONNECTIONS
can serve as spaces for gathering, play, and
can include fountains and other amenities.
6. Design. The size, configuration, and
character of these spaces shall prioritize
pedestrian comfort. The spaces and
connections which comprise a Public Realm
Extension are subject to Section 9.3.B and
the following:
a. Public Realm Extensions shall connect
directly to the public sidewalk. Any
necessary steps, ramps, and/or elevators
to connect them shall be easy to locate
and comfortable to use. Apart from steps
and ramps, surfaces used by pedestrians
shall be flat.
Courts (Internal) are accessed Forecourts abut and receive Paseos, passages, and side
b. Decorative and/or permeable pavement is from the public right-of-way via direct access from the public yards abut and receive direct
encouraged. a shared private connection such right of way. access from the public right of
c. Landscaping, pedestrian-scale lighting, as a Passage. way. Paseos connect through
and seating areas are encouraged. blocks, creating a non-vehicular
d. Public Realm Extensions may be enclosed link between public rights of way.
from the public realm with landscaping,
low walls, and/or fences, provided that
entrances are provided. No wall or fence
E. Placement of the Market/Food Hall on Arts Commons.
enclosing a public realm extension may
The Market/Food Hall structure on Arts Commons, along
exceed 3 feet in height.
Lafayette St, shall fit within the 45' by 75' area identified
e. On-site driving and parking areas shall in Precise Plan Figure 3-2. It may be freestanding or
either be designed as shared, multi-use connect to the adjacent building in Block A. In either
spaces or be kept separate with strategic case, a clear outdoor or indoor/outdoor public pedestrian
siting of buildings and/or landscaping. way must pass between it and the rest of Block A,
connecting Lafayette Street to Arts Commons.
2 2 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

6 Building Height
6.1. Intent FIGURE 6-1 | MAXIMUM BUILDING HEIGHTS WITHOUT BONUSES
These standards and guidelines are intended to implement the physical vision that is
articulated in Chapter 2, Downtown Framework.
40'
6.2. Applicability
The standards and guidelines of this section apply to all new buildings within the Plan
Area. All buildings are subject to the Maximum Building Heights without Bonuses (Figure
6-1). If a City height bonus program were to be established, buildings may be permitted
to extend up to the Maximum Building Heights with Bonuses (Figure 6-2) for providing
Community Benefits (Table 6-1), per Standard 6.3.B. The Table 6-2 standards for the
height of building elements apply to all buildings in the Plan Area.
40'

6.3. Standards
A. Maximum Building Heights without Bonuses. All buildings that do not qualify
for bonuses (see Standard 6.3.B) are subject to the maximum building heights
identified in Figure 6-1. See Standard 6.3.C for measurement of building height.
B. Maximum Building Heights with Bonuses. The City may create a bonus height
program to grant additional height allowance in exchange for the provision of
Community Benefits, per direction in the Precise Plan. Community Benefits LEGEND 1 — Figure 6-1 Notes
may include, but are not limited to, those identified in Table 6-1. Figure 6-2 Park or Plaza 1 Per Standard 6.3.C, height is regulated by the number of
establishes the maximum building heights which may be allowed under any such stories as well as the maximum number of feet; buildings
2 stories (up to 28') shall not exceed either metric.
program. Bonuses shall be calculated on a project-by-project basis and at the Height in feet is typically generous relative to the number
scale of individual buildings. The net financial value added to the project via the 3 stories (up to 40') of stories to facilitate tall office floors, where they might
bonus height shall be determined in proportion to the fair market value of the occur. It is not expected that residential development
4 stories (up to 59') would always take advantage of the full height in feet.
Community Benefit offered to the City. This proportion shall be determined by
the bonus height program. These bonuses may be combined with any bonuses 5 stories (up to 72')
gained through any State law provisions that may be in effect for affordable 6 stories (up to 85')
housing. The resulting height of any building, including bonuses, shall not exceed
7 stories (up to 98')
those identified in Figure 6-2. Bonuses may be granted to Downtown projects for
community benefits provided off-site but in the Downtown Zone.
C. Measurement of Building Height. As shown in Figures 6-4 and 6-5, building
height in feet is measured from the adjacent sidewalk level to the top of the
parapet, cornice, eave, or ridge of pitched roof, whichever is taller. Height
is regulated by the number of stories as well as the maximum number of
 2 3 | C hapt er 6: B ui l di ng H ei ght

Potential Maximum Bonus Heights2

Not Applicable until the Creation of a Bonus Height Program
TABLE 6-1 | PROPOSED COMMUNITY BENEFITS FOR POTENTIAL FIGURE 6-2 | POTENTIAL MAXIMUM BUILDING HEIGHTS
HEIGHT BONUS PROGRAM WITH BONUSES
Community Benefits

Each cultural venue on Arts Commons (including but not limited to Santa Clara
Theater, Cultural Arts Center, and Market Hall), if consistent with locations on 40'
Figure 2-8.
Public parking garage that can support Cultural Arts Center and Theater. This
may be provided in addition to providing required parking for other residential
and office uses.
Visual and performing art venues or movie theaters in location other than the
Arts Commons.
Conservation of resources listed on the Historic Resources Inventory, buildings
in the Historic Combining District, or the post office.
40'
Public land dedication, with bonus amount based on extent to which dedication
requirement exceeds District average.
Enhanced contributions to public realm improvements above fair-share
development impact fee, including infrastructure, paving, planting, furnishings,
public art and interpretation elements.
Enhanced contributions to district transit infrastructure and operations.
Subsidized rent (offering rent at or below 60% of the current comparable market
rate) for ground floor, non-formula retail and restaurant establishments for a
minimum of 5 years (this rate and duration shall be included in a Deed Restriction). LEGEND 1 — Figure 6-2 Notes
Park or Plaza 1 Per Standard 6.3.C, height is regulated by the number of
Providing a Future-Proof parking garage, meeting all the standards of Section
8.2.D.2. stories as well as the maximum number of feet; buildings
2 stories (up to 28') shall not exceed either metric.
Height in feet is typically generous relative to the number
3 stories (up to 40') of stories to facilitate tall office floors, where they might
occur. It is not expected that residential development
4 stories (up to 59') would always take advantage of the full height in feet.
2 Bonus heights shall not become applicable unless and
5 stories (up to 72')
until the Council adopts a bonus height program. City
6 stories (up to 85') staff anticipate presenting a bonus height program,
including a fee component and accompanied by a nexus
7 stories (up to 98') study, to the Council in 2024.

9 stories (up to 124')

2 4 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

6.3 Standards (continued)

FIGURE 6-3 APPLICABLE TO PROJECTS TALLER THAN 4 STORIES*
feet; buildings shall not exceed either metric (per Precise Plan Policy 5.1.E). *where permitted by Figures 6-1 and 6-2
See Section 6.3.J for exceptions and elements which are allowed above the
maximum building height. Building height in stories includes all floors (except for
subterranean basements below the ground floor), subject to the following: A maximum of 50% of the primary facade length may
be built above 4 stories within the Build-To Range
1. Mezzanines. A mezzanine—a partial floor contained within a tall building
(see Table 5-2 in Section 5: Building Placement).
story—which constitutes less than 50% of the habitable area of the building
story where it is located, does not count as an additional story.
2. Parking Liner. One habitable floor lining multiple structured parking levels—as The remainder of the primary
may be common with tall ground floor retail spaces—only counts as one story. facade is limited to 4 stories
D. Height of Building Elements. All buildings are subject to the standards listed within the Build-To Range.
in Table 6-2 (see the following spread), regardless of whether the project has
qualified for bonus heights or not.
Any other floors above 4 stories
E. Primary Facade Height. The primary facade is the portion of the facade located
shall be set back a minimum of 15
within the Front Street Build-To Range along a street and/or open space (see
behind the lower primary facade.
Section 5.3).
1. For projects which are 4 stories or less, the entire length of the primary facade
may be built up to the maximum allowed building height for the location (per
Figures 6-1 and 6-2).
2. For projects which are taller than 4 stories (where permitted by Figures 6-1
and 6-2), a maximum of 50% of the primary facade length may be built above
4 stories within the Build-To Range. The remainder of the primary facade is
Nei
limited to 4 stories within the Build-To Range. Any other floors above 4 stories ghb
orin
shall be set back a minimum of 15 behind the lower primary facade. See Figure buil g
ding
6-3. (sep
a ra
pro te
F. First Floor Level. Except for retail-ready ground floors (Section 9.4.C) and ject
)
accessible ground floors at sidewalk level, all residential ground floors shall be
raised between 2 and 4 feet from sidewalk grade.
G. Floor Heights. Floor heights shall meet the standards listed in Table 6-2.
1. Retail/Housing Flex. All ground floor residential is subject to the minimum
heights listed in Table 6-2. However, ground floor residential throughout 50%
ma x
the Downtown Zone is encouraged to go well beyond those minimums and .
be 14’ feet tall, floor to ceiling, and designed so that future compliance with
Prim
the Americans with Disabilities Act of 1990 (ADA) for commercial use is not ar y
fa
precluded. See the Retail/Housing Flex frontage type in Section 9.4.C. leng cade
th
 2 5 | C hapt er 6: B ui l di ng H ei ght

FIGURE 6-4 TABLE 6-2 | HEIGHT OF BUILDING ELEMENTS

GROUND
FLOOR AT Standards Applicable to All Character Overlays
STREET LEVEL
15’ Facade and Building Height
A Primary Facade Height See Standard 6.3.E and Figure 6-3

B Maximum Building Height See Figures 6-1 and 6-2

B First Floor Level (measured from level of exterior sidewalk) 1

C General Overlay 0 to 4 feet 2

A
C Shopfront and Retail-Ready Overlay 0 feet
E1 E2
Floor Heights (min)
F
D Ground Floor (Residential) 3
D1 10 feet floor-to-ceiling; D2 11 feet floor-to-floor
D1 D2
D Ground Floor (Non-residential) 3 D1 14' feet floor-to-ceiling; D2 16' floor-to-floor
C
E Upper floor (Residential) E1 9 feet floor-to-ceiling; E2 10' floor-to-floor

E Upper floor (Non-residential) E1 9 feet floor-to-ceiling; E2 10' floor-to-floor

FIGURE 6-5 Building Base Height (min - may span multiple floors per §6.3.E)
RAISED GROUND
FLOOR Base on Buildings of 3 Stories Not required;
F or less 1-story base allowed

1 story base required;

F Base on Buildings of 4 Stories 16 feet minimum
15’

Base on Buildings of 5 Stories 2-story base required;

or more 25 feet minimum

B
Notes
1 First floor level standards are applicable to the first 30' behind the facade.
A
2 If the first floor level is elevated from the sidewalk, the appropriate frontage and architectural projection(s) must be
chosen. See Chapters 9 and 10, respectively, for applicable standards.
E1 E2
KEY 3 Ground floors in the Shopfront and Retail-Ready Overlays are required to be Non-Residential.

Property Line F
D1 D2
Build-to Line
Private Frontage C
2 6 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

6.3 Standards (continued)

H. Building Base Height. The building base (shown below) shall be measured
from the sidewalk grade to the (lower) cornice, string course, or horizontal plane
break. In absence of any of these elements, the mid-point between the topmost
point of the first-floor openings and the lowermost point of the second-floor
openings shall serve as an upper reference point. The Building Base lines the
public realm and visually supports the upper floors. The Building Base may span
multiple floors, rather than simply the ground floor. Per Table 6-2, buildings of
5 stories or more must have bases which span at least 2 floors—or the visual
equivalent of 2 floors.
I. Upper Floor Setback Area. The upper floor setback area may be covered by an
BUILDING
open structure—such as a trellis or upper floor loggia, shown to the right—with a BASE
front facade that is no more than 10% solid, excluding any parapet wall height.
BUILDING BASE HEIGHT—The Building Base lines the public realm and visually
J. Elements Above the Maximum Building Height suppor ts the upper floors.
1. For buildings of 3 stories or fewer: Pitched roofs may exceed the maximum
building height by up to 8 feet. Buildings with pitched roofs exceeding the
stated height limit, if fronting Benton St or Homestead Rd, shall be oriented
with eaves (not gables) to the street. Pitched roofs should be symmetrical and
sloped no less than 4:12, except that roofs for porches and other attached shed
roofs which should be no less than 2:12. Gables facing the public realm should
not exceed 30 feet in width.
2. Upper-floor terraces and rooftop decks are allowed, provided that they are not
enclosed with walls or roofs. Upper floor terraces and rooftop decks may have
umbrellas and shade structures, provided that their walls are no more than 10%
solid, excluding any parapet wall height. Such elements shall not exceed the
maximum building height by more than 10 feet.
a. Publicly-accessible decks and terraces (such as those for restaurants) are
OPEN STRUCTURES IN UPPER-FLOOR SETBACKS—The upper floor setback area may
encouraged to extend to the building edge to be visible from the street. be covered a trellis (right) or upper floor loggia (left), outlined in yellow above.
3. Enclosed roof access is allowed within structures that measure no more than
20 by 20 feet in plan. Such structures shall not exceed 12 feet in height above 5. Wireless facilities shall be designed into the building and/or mounted on the roof.
the floor and shall be set back from the primary facade by 15 feet minimum. Roof-mounted facilities shall not exceed 6 feet in height from the finished roof,
shall be set back from the primary facade by 15 feet minimum, and shall not be
4. Certain decorative, uninhabitable architectural elements, such as roof signs
visible from the public right-of-way or existing single family residences.
(see Section 11.3.I), may exceed the height limit. Such elements which exceed
the height limit by less than 5 feet shall be subject to Director approval. 6. Solar panels may exceed the maximum building height if located on the top level
Elements which exceed the height limit by 5 feet or more shall be subject to the of a parking structure. In such a case, they shall not exceed 60 percent of roof
Planning Commission. area, shall not exceed 20 feet above top garage floor level, and shall be set back
40 feet from the edge of the building to reduce visibility from below.
 2 7 | C hapt er 6: B ui l di ng H ei ght

1 0 44 | Ci t y o f Santa Clara Downtown Pre c is e Plan

10

1 0 44 | Ci t y o f S a nt a Cla ra D owntown Pre c is e Pla n

10

K . Architecturally Significant Historical

Sites. Per Precise Plan Policy 5.2C:
Figures from Precise Plan Goal 5.2
Figure 5-6
GOAL 5.2:
" Where it will be adjacent to a historic HISTORIC
Figure 5-6 RESOURCES
GOAL 5.2:
building or within areas of historic AND AREAS
HISTORIC OF HISTORIC
RESOURCES
HISTORIC
sensitivity, new development should be AND AREAS OF(2022)
SENSITIVITY HISTORIC
HISTORIC SENSITIVITY (2022)
BUILDINGS AND
designed to be compatible with historic
BUILDINGS AND
resources, consistent with the Secretary of
CHARACTER
CHARACTER
the Interior standards and City regulations, POST OFFICE
POST OFFICE
such as by using similar proportion, scale,
Conserve Downtown’s historic resources
facade modulation, andand stepdowns.
Conserve
sense ofDowntown’s
Forhistoric
history, while resources
allowing use
new buildings on the same
and senseparcel
of as
history, a
of buildings to change over time. The use
while allowing
ofPost
historic building or old buildings
within toischange
a buffer
Office areaoveroftime.
a building The
notable
defined by Figure 5-6: old Post Office
Historic is a building
Resources of notable
character and the blocks west of Monroe
character and the blocks west of Monroe
and Areas of HistorichaveSensitivity (2022), as historic, as
properties designated
have properties designated as historic, as
indicated in Figure
the height of new development 5-6: Historic Resources
should Architecturally Significant & Historic Sites
indicated in Figure 5-6: Historic Resources Architecturally Significant & Historic Sites
and Areas of Historic Sensitivity (2022).
not distract from the historic building.
and Areas of Historic Sensitivity (2022).
100ft buffer around Historic Sites
100ft buffer around Historic Sites
Accordingly, height limits have been set Historic Combining District (HT)

in the western areaPOLICY 5.2A:

5.2A:HISTORIC
Historic Combining District (HT)
Further study needed
ofPOLICY
the Downtown HISTORIC
Plan Further study needed
PRESERVATION
PRESERVATION
in response to adjacencies of sensitive
buildings and historic resources."
Preserve Downtown’s historic buildings
Figure 5-7
Preserve Downtown’s historic buildings
and sites as described by the City’s Figure 5-7
1. See also Standardsand
1.2.C–E.
sites as described by the City’s POST BUILDING
BUILDING HEIGHTS
HEIGHTS
Historic Preservation and Resources POST
ADJACENT TOTO
ADJACENT HISTORIC
Historic Preservation and Resources OFFICE
Inventory and consistent
OFFICE HISTORIC
consistentwith
withthe BUILDINGS AND AREAS
Inventory
Secretary
and
ofof
the Interior’s
the
BUILDINGS AND AREAS OFOF
Secretary the Interior’sStandards
Standards HISTORIC SENSITIVITY
HISTORIC SENSITIVITY
forfor
thethe
Preservation
Preservationand
andTreatment
Treatmentofof
Historic Properties
Historic Propertiesand
andwith
withthe
theCity’s
City’s
regulations forfor
regulations Historic
HistoricCombining
Combining
Districts (see
Districts Chapter
(see Chapter18.58
18.58ofofthe
theSanta
Santa
Clara Municipal
Clara MunicipalCode).
Code).Encourage
Encouragethe the
continued
continuedassessment
assessmentofofbuildings
buildingsand
and
sites with
sites potential
with potentialbut
butundetermined
undetermined
historic significance.
historic [Link],
particular,the
theCity
City Architecturally
Architecturally Significant
Significant & Historic
& Historic SitesSites
should study
should the
study thepotential
potentialeligibility
eligibilityofof Historic
Historic Combining
Combining District
District (HT)(HT)
Further study
Further needed
study needed
2 8 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

7 Building Massing
7.1. Intent 7.2. Applicability
The standards in this section ensure that new development reflects the rhythm and New buildings whose primary facade(s) exceeds the maximum Massing Increment
scale of the historic Downtown and that new large developments do not have massive, length listed in Table 7–1—which varies by whether the facade is within or outside the
monolithic facades that feel overbearing to pedestrians. Large developments are required Neighborhood Edge Overlay (see Figure 4-2, Character Overlays)—shall be divided
to be broken into multiple Massing Increments per the techniques in Sections 7.3. into smaller ‘Massing Increments’ per the standards of Table 7–1 and the content of
Massing Increments are visually discrete design compositions that: this Chapter. If a primary facade is less than the maximum Massing Increment length,
1. Are distinguishable from each other; it does not need to be broken into multiple Massing Increments. The standards of this
Chapter are organized as follows:
2. Have a coherent look and character from the ground to the top of the facade;
1. Section 7.3.A regulates facades outside the Neighborhood Edge.
3. Shall appear to be either distinct buildings or distinct parts of a single building,
per Section 7.3.C. 2. Section 7.3.B regulates facades within the Neighborhood Edge.

Not only does subdividing a long building facade make for a more dynamic and interesting 3. Section 7.3.C regulates when Massing Increments, regardless of location, shall
streetscape, but it also makes the building more resilient. Should the market change in and shall not appear as distinct buildings.
the future, the building can be configured to be easily modifiable by Massing Increment
to meet the needs of different tenants or to adapt to other uses.
WELL-SCALED MASSING INCREMENTS (A) in Historic Downtown
AVOID: This facade would feel massive and monotonous in Downtown Santa Clara. Santa Clara and a newly-built building

A A
 2 9 | C hapt er 7: B ui l di ng Mas s i ng

TABLE 7-1 | MASSING INCREMENT DIMENSIONAL STANDARDS

Outside the Neighborhood Neighborhood Notes
Edge Edge 1 There shall be a minimum of 4 Massing Increments per block
face. Where a block face includes an open space, the open
A Massing increment (max.) 100’ 1 60’ 1 space counts as a Massing Increment.

Facade Height Difference between Massing

B increments (min.)
10% of lesser facade height N/A

Building Base Height Difference between

C Massing Increments (min.)
3’ N/A

Gap between Massing Increments 16' wide by

D (See Section 7.3.B)
N/A
20' deep

FIGURE 7-1 | MASSING INCREMENT DIMENSIONAL STANDARDS

MASSING INCREMENTS OUTSIDE THE NEIGHBORHOOD EDGE

See Section 7.3.A
B

MASSING INCREMENTS WITHIN THE NEIGHBORHOOD EDGE

See Section 7.3.B

A A
A
A

D Street
3 0 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

7.3. Standards
FIGURE 7-2 | STRATEGIES FOR VARYING PRIMARY FACADE HEIGHT
A. Specific to Facades Outside the Neighborhood Edge. Massing increments
within the Downtown General Zone outside of the Neighborhood Edge shall be
differentiated in the following ways: 15'

1. The primary facade (see Section 6.3.E) height of each Massing Increment—as
measured from the adjacent sidewalk level to the eave, cornice, or parapet—
shall differ from the primary facade height of its neighboring Massing B
Increment(s) by 10% of the lesser facade height (per Table 7-1). Upper floors UPPER FLOORS
SET BACK—The
which are set back from the primary facade of the lower floors by a minimum upper level of the
of 15' (per Table 7-1) are not considered part of the primary facade height. The right por tion of
the building is set
resulting setback area may be covered by an open structure—such as a trellis back at least 15'
or upper floor arcade—with a front facade that is no more than 10% solid, in order to create
an adequate
excluding any parapet wall height. Figure 7-1 displays a simple difference in difference in
primary facade height, while Figure 7-2 shows two other strategies. facade height
(B) between the
a. Forecourts and upper floor forecourts—subject to §9.3.B—that are a two Massing
minimum of 15' deep satisfy this standard as the portion of facade set back Increments (A).
does not count as part of the primary facade height.
A
2. The height of the building base (see Section 6.3.H for more on building bases)
shall differ from the neighboring building base by a minimum of 3'. For a greater A
impact, the height of the base can change by an entire floor (see Figure 7-3).
3. Facade elements—such as openings and Architectural Projections (see
Chapter 10) that are typically organized into bays—shall not overlap the
division between Massing Increments. The entire facade composition shall be
contained within its Massing Increment.
4. A Massing Increment design may be repeated up to a maximum of 3 times
on the same project elevation. Repeated Massing Increments may not be
immediately adjacent to each other.
B UPPER-LE VEL
A
FORECOURT—All
a. A forecourt—subject to §9.3.B—may provide separation between repeated upper floors above
A the building base
Massing Increment designs.
are set back to
A
5. See Section 7.3.C regarding when Massing Increments shall and shall not create an upper-
level forecour t
appear as distinct buildings. which is one
strategy to create
an adequate
differentiation
between Massing
Increments (B).
 3 1 | C hapt er 7: B ui l di ng Mas s i ng

FIGURE 7-2 | STRATEGIES FOR VARYING BUILDING BASE HEIGHT

C CHANGE OF 3.5 FEET—The building base

height simply changes from the level of the
level of the 2nd floor up to the level of the sill
of the 2nd floor. C

CHANGE OF 1 FLOOR—The left building base

height is one floor taller. This is especially
useful to bring contrast where the building
material does not change. Note: a 2-stor y
building base is required for buildings of 5
stories or more, per Standard 6.3 .H.
3 2 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

7.3 Standards (continued)

B. Specific to Facades in the Neighborhood Edge Overlay. Massing Increments FIGURE 7-4 | MASSING INCREMENTS IN THE
within the Neighborhood Edge Overlay shall be differentiated in the following NEIGHBORHOOD EDGE OVERLAY
ways:
1. Massing Increments shall be separated by a gap (G in Figure 7-4) of no less than
16’ wide by 20’ deep, per Table 7-1.
2. No massing increment facade design may be repeated on the same project
elevation. A massing increment facade design may be repeated up to three times
on a project, provided they are on different sides of the block.
3. Architectural style variation between massing increments is encouraged to
reinforce a pattern of individual, neighborhood-scale buildings, to better fit in
with existing buildings in this zone. A A
4. The use of pitched roofs are encouraged to further relate the buildings to the
Ben
residential neighborhood scale. ton A
Stre
et
5. Any other differentiation that meets the intent of the standard is encouraged. A

6. Gaps between massing increments may—but are not required to—serve as

G
entries to paseos, courts, side yards, or any other on-site open space. Gaps may
G Neighborhood Edge
also serve as small courts or yards and be surrounded on all sides by building. Overlay
G
7. See Section 7.3.C regarding when Massing Increments shall and shall not appear
as distinct buildings.

GAP E XAMPLE—This Gap between Massing Increments ser ves as a small forecour t , GAP E XAMPLE—These Gaps between Massing Increments provide vehicular and
surrounded on all sides by building. pedestrian access into the block .

A
A
A

of
pth
De p
Ga

G G
Street G
Width o
f
Gap
 3 3 | C hapt er 7: B ui l di ng Mas s i ng

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3 4 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

7.3 Standards (continued)

C. Massing Increments as Distinct Buildings.
Depending on the situation, Massing Increments
shall appear to be either distinct buildings or
distinct parts of a single building, per the standards
of this section. The intent of these standards is to
implement the historic rhythm and character of a
historic downtown as envisioned by the community
without creating a superficial imitation.
1. The following standards regulate when Massing
Increments are to appear as distinct buildings or
simply as distinct parts of a single building:
a. When a single project occupies more than 200
linear feet of street frontage, it shall appear as
at least 3 distinct buildings.
Massing Increments which appear as DISTINCT BUILDINGS
b. Maximum number of distinct buildings on any
single block face.
i. No single project shall appear as more than
4 distinct buildings on any single block face,
except for facades in the Neighborhood
Edge Overlay, which shall have no maximum
number of distinct buildings.
ii. For any project outside the Neighborhood
Edge which occupies less than 100 linear
feet of street frontage, it shall be designed to
appear as a single building.
iii. Exception to the above stated maximum
number of distinct buildings: when
Massing Increments are located on different
properties, are built by different developers
or builders, contain distinct programs, and/ Massing Increments which appear as DISTINCT PARTS OF A SINGLE BUILDING OR PROJECT

or are built at different times, they may

appear as distinct buildings, regardless of the
resultant number of distinct buildings on the
block face.
 3 5 | C hapt er 7: B ui l di ng Mas s i ng

2. How to make Massing Increments appear

as distinct buildings. In addition to meeting
the standards in Sections 7.3.A&B, Massing
Increments which are required to appear as
distinct buildings (per Section 7.3.C.1) shall be
distinguished according to the following:
a. There shall be a clearly noticeable difference
in facade materials and color between distinct
buildings.
b. There shall be a clearly noticeable difference in
the type and composition of facade openings
and architectural elements between distinct
buildings.
c. The building base heights of adjacent distinct
ONE PROJECT COMPRISING MULTIPLE DISTINCT
buildings shall differ by an entire floor. BUILDINGS—While these examples are each just one
development project , their adjacent Massing Increments
appear as two distinct buildings in order to relate to the
historic contex t and because they host distinct por tions
of the project 's program. They are distinguished using
techniques §7.3 .C .2 .a & b (difference in material and
color and difference in the t ype and composition of
facade openings and architectural elements) in addition
to those listed in §7.3 . A. The example above would be
appropriate for the Neighborhood Edge as it has a gap
between Increments.
3 6 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

8 Facade Design
Bay

8.1. Intent and Applicability

This section further accomplishes the intent described in Section 7.1. The standards and guidelines
of this section apply to all new building facades which face public streets and open spaces
within the Plan Area.

8.2. Standards
FIGURE 8-1 | A GRID OF FLOORS & BAYS
A. Facade Composition. Facade elements shall be organized by a grid (Figure 8-1). Patterns
Each bay in this example features a shopfront on the ground floor with 1
of openings within each individual facade or Building Increment—when required per or 2 sets of upper floor windows stacked above. This pattern is especially
Section 7.2—shall be organized into a grid per the standards below. appropriate for the Shopfront Overlay.

1. Horizontal alignment of elements. Rooflines, openings, and materials within each

facade or facade module must align horizontally, and be generally consistent in style
across the entire width.
2. Vertical alignment of openings into bays. The entirety of a building’s facade or
Massing Increment shall be clearly divided into vertical bays, subject to the following:
a. Facade bays shall extend from the ground to the top of the facade and are defined by
vertical structure (solid portions of wall, piers, etc.) which extends from the ground to
the top of the facade. (See §8.2.F for more on expressing structure).
BAYS—Facades can be organized into bays, regardless of st yle.
b. Each bay must be between 15’ and 30’ wide.
c. Openings shall be stacked within bays as illustrated below. Openings should typically
be arranged symmetrically within bays.
Top
B. Buildings shall have a base, middle, and top (Figure 8-2). The building base should read
as visually supportive, with materials that appear solid and strong. Building base heights
are scaled to the size of the building; their height is regulated alongside building heights
Middle
in Section 6.3 and Table 6-2.
1. The building base is the primary portion of the facade observed from the street, so it
should feature details and materials which are pleasing to the pedestrian. The building
base should be differentiated from the rest of the facade—whether by a string course,
Base
change in material, change in type of openings, or a combination of these elements.
2. The middle of the building features floors which should be generally repetitive, with only
minor variations between each floor.
FIGURE 8-2 | BASE, MIDDLE, AND TOP
3. The top of the building should feature some form of capping element(s), such as a
Building facades shall have a base, middle, and top.
cornice, enhanced ornamentation, or a decorative parapet. In larger buildings, the upper
most floor may be visually incorporated into the building design of the top.
 3 7 | C hapt er 8: Facade Des i gn

C. Facade Fenestration. TABLE 8-1 | FENESTRATION

1. Fenestration Area. Facades shall be designed with fenestration—openings on the Facade Area Shopfront Retail-Ready General
facade, including windows and doors—in the amounts identified by Table 8-1.
a. Fenestration amount is calculated as a percentage of openings—including all Ground Floor 75% - 95% 65% - 95% 40% - 95%
windows and doors on the facade—to an area of facade. Each portion of the facade
Upper Floors 25% - 70%
grid, as defined in Standard 8.2.A.3, must have a fenestration percentage which falls
within the range identified by Table 8-1. This is illustrated in the facade diagram to
the right. See Figure 8-3.
FIGURE 8-3 | APPLYING THE FENESTRATION STANDARDS
b. Per Table 8-1, the required fenestration amount varies by Zone and Overlay (where
Each por tion of the facade grid must meet the applicable fenestration
applicable) and by location on the facade.
requirement. This example displays Shopfront overlay requirements.
2. General to all floors:
a. Except for shopfront or bay windows, window jambs shall be set in a minimum of 4
inches from the main facade plane. Trim/moldings on the facade do not count toward
this recess depth. 25–70% 25–70% 25–70% 25–70%
b. Opaque or fogged windows are prohibited. Windows and glazing on doors should
have an external reflectance of less than 15%, and a transparency higher than 80%.
25–70% 25–70% 25–70% 25–70%
c. Non-operable shutters—known as ‘faux shutters’—are prohibited.
d. The horizontal distance between wall openings should not exceed 15 feet within a
facade or massing increment.
25–70% 25–70% 25–70% 25–70%
e. On street-facing facades, utility penetrations are prohibited (e.g., exhaust vents).
3. Specific to ground floors:
a. The ground floor facade area is determined by multiplying the ground floor height
(as regulated by Table 6-2) by its width. 75–95% 75–95% 75–95% 75–95%
b. Structural elements (e.g., columns and piers) shall be visible on the facade exterior,
and the front face of such structural elements shall align with the face of the facade
above in order to visually convey that they support the facade and floors above.
This is especially critical for ground floor facades with over 90% glass (to avoid the
illusion that the upper floors are resting on a glass box).
4. Specific to upper floors:
c. Bedroom and bathroom windows along any new or existing street is prohibited.
a. Wall openings should generally not span across stories (vertically) or
d. Display windows which block views into interior spaces may only comprise up to bays (horizontally).
25% of the required fenestration area.
b. Upper-floor wall openings shall be square or taller than they are wide.
e. Section 9 establishes further ground floor fenestration requirements, beyond the Individual vertically-proportioned windows can be grouped side by side
base standards in Table 8-1, to create a balance between privacy and transparency to form a horizontal ensemble of windows.
according to frontage type.
3 8 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

8.2 Standards (continued)

D. Parking Structure Facade Standards
1. Facade design. Parking structure facades shall
be designed to fit into the urban context in one of
the two following ways:
a. Facades that look similar to other Downtown
buildings with designs that meet the standards
of Sections 7 and 8.
b. Facades designed as art walls, murals, or
screens that incorporate decorative, graphic, or
sculptural elements. Such facades are subject
to recommendations from the Cultural Arts
Commission and Historical and Landmarks PARKING STRUCTURE designed like a t ypical building FLE XIBLE BUILDINGS like this example in downtown Los
Commission, followed by Director approval, with occupiable space on the sidewalk Angeles, whose upper floors once hosted a depar tment
store and offices but now ser ves as a parking garage.
based on the following Required Findings:
i. Facade design theme, materials and aesthetic
complement and enhance the intended
unified streetscape aesthetic of Downtown,
as defined by this Specific Plan.
ii. Facade design is unique and iconic, using
durable, element-resistant, materials and
techniques.
2. Future-Proof Parking. Parking garages which
can easily convert to accommodate other uses—
such as offices or housing—if and when the need
for parking diminishes, are encouraged. Features AVOID: Wide, horizontal garage openings create too PARKING STRUCTURE designed like a t ypical
which enable such 'future-proof ' flexibility large a break in the street wall. Downtown Building, with ground floor parking set behind
commercial space with shopfronts lining the street.
include: The flat , tall parking floors of this building could easily
a. Level floors, apart from necessary ramps; accommodate other uses in the future.

b. Floors with 10' minimum clear height from floor 3. Ground floor facade. Per Standard 5.3.B,
to ceiling; structured ground floor parking must be set
c. Cut-outs for planned shafts in decks and other behind at least 30 feet of occupiable ground floor
structural members to accommodate future liner space. Vehicular entries are subject to the
utilities (such as heating, cooling, and venting). standards of Section 9.4.F.
 3 9 | C hapt er 8: Facade Des i gn

E. Materials
1. Fiberglass or plastic (false) architectural
elements or ornamentations are prohibited.
2. Materials used on shopfronts should be
smooth and non-abrasive to touch.
3. Rough-cast and sand-finishes are
discouraged on all building surfaces that
are visible from a street.
4. Where more than one material is used for
the facade, the heavier material must be
used below the lighter material (e.g. brick
below siding, not vice versa).
a. Modulations, color schemes, balconies, SHOPFRONT MATERIALS—This example uses smooth SHOPFRONT MATERIALS—A simple palette of materials
and other facade elements shall be material finishes, especially at the shopfronts where the across multiple storefronts does not need to feel boring as
most pedestrian interactions occur. long as they are well composed.
consistent within an individual facade or
within an individual Massing Increment,
when required per Section 7.2.

STACKING MATERIALS—Masonr y used below lighter MATERIALS ON INCREMENTS—Materials and design are
materials such as stucco, synthetic cladding, or siding. consistent within each Massing Increment.
4 0 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

8.2 Standards (continued)

F. Expressing Visual Weight and Load-Bearing Structure. To 1. Building Structure. To express the load-bearing structural characteristics of traditional downtown
ensure that new development in downtown is compatible with buildings, the following standards shall apply:
the historic building fabric and visual structural principles of a. Vertical Structure. The vertical structural elements of a building—comprising piers, columns, or
Downtown Santa Clara, the following standards apply to the portions of solid wall which flank each bay of the facade (see §8.2.A.2)—shall be configured so
building structure, architectural elements, and materials and as to visually carry the apparent weight of upper floors down to the ground in a coherent manner
color: (see precedents below). If any vertical structural element is expressed but does not extend to the
ground, it shall be supported by structure beneath it, with a visual system of weight transference
from the supported element to the ground.

Bay b. Horizontal Structure. Horizontal structural elements—such as beams and lintels—shall be sized
to appropriately support the visual weight of the building mass and elements above them with
respect to the distance they span.
c. Structural Honesty. The visual system of bays and structure that is expressed on the facade shall
be organized and configured to express or reinforce the actual building structure.

Bays of windows framed by masonr y

building structure

Ver tical structural elements frame the bay ; visual weight within AVOID: Heavy upper floor building masses are not coherently Storefront windows framed by structural
the bay is transferred clearly to the ground. suppor ted. Ver tical structure elements which frame upper floor elements
bays randomly misalign with those in the building's base.
 4 1 | C hapt er 8: Facade Des i gn

2. Architectural Elements. To ensure that architectural elements appear to be 3. Materials and Color. To ensure that materials and color reinforce the visual
properly supported, the following standards shall apply: structural logic of a facade, the following standards shall apply:
a. Projections. Architectural Elements projecting from the building’s facade—i.e. a. As stated in §8.2.E.4, materials heavier in apparent weight (i.e. brick) shall be
balconies, bay windows, and deep roof eaves—shall be visually supported with used below materials that are lighter in apparent weight (i.e. wood siding).
brackets, corbels, cantilevered beams, or structure that transfers their weight to b. Colors also suggest visual weight. Colors should complement, and in no way
the structural vertical and horizontal elements of the facade as defined in 1a / 1b. undermine, the visual structural logic of a facade.
b. Heavy Elements. Heavy elements—i.e. those made of masonry, projecting bays
or rooms, etc.—shall appear to be supported rather than floating or affixed onto
a weaker-appearing material.
c. Non-Supportive Elements. Elements which are intended to be accents to the
facade—i.e. such as spandrel panels between windows—shall not project from
the facade. Rather, they shall be inset as architectural relief, with the facade
material holding it in place visible around it. There shall be no floating elements
or details which appear artificially pasted on.

Balcony suppor ted by metal tension rods.

Traditional bay windows had wooden and This modern bay window has a metal Spandrel panels are recessed into the wall Color reinforces the role of the panels as
masonr y structural elements, creating a structural frame suppor ted by concrete between ver tical structural elements. decorative rather than strong and load-
coherently-suppor ted assembly cantilevers. bearing.
4 2 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

9 Private Frontages
9.1. Intent 9.2. Applicability 9.3. General Standards
Downtown Santa Clara is to be an active, pedestrian- The standards and guidelines of this section apply to The entire ground floor facade facing a public street or
oriented urban environment that is comfortable, safe, and any new building or facade renovation along a street or public open space is required to consist of the frontage
easy to navigate by foot, bicycle, or any mode of vehicular public open space in the Downtown Zone. This Chapter types allowed in this section.
transit. As such, careful attention must be given to the regulates design, while Chapter 12 regulates building use. A. Private Frontages. Private Frontages are defined
way that buildings shape and front Downtown’s network Ground floor use and frontage design shall be determined as the ground floor building facade and the area (or
of public streets, paseos, and open spaces—also known in coordination per the standards of both Chapters. 'setback') between that facade and any property
as the “Public Realm.” The space between the travel lanes line along a street or public open space. This area
of a street and the building, and including the building’s serves as the transition and interface between the
ground floor facade, is defined as “frontage.” In order to building interior and street environment. Table 9-1
create a high-quality urban environment, the design of
that frontage must be calibrated to the ground-floor use
FIGURE 9-1 | PRIVATE FRONTAGE
of the adjacent buildings and to the unified Downtown
character envisioned in the Precise Plan. Frontages must
be designed to provide an appropriate degree of privacy
or transparency relative to the needs of the public-facing
ground-floor use. Commercial shops and spaces rely
on more exposure for their success, while ground-floor
residences need added privacy so they aren’t forced to
close their blinds and can therefore encourage “eyes on
the street.” This section provides the design standards
and guidelines for the private portion of this frontage.

Ground Floor Facade

Ground Floor

Private
Facade

Frontage Private
Frontage
Building
Setback Public Frontage
Travel Lanes
Public Frontage Building
Parcel
Setback
R.O.W.
Parcel
 4 3 | C hapt er 9: Pr i vat e Fro nt ages

identifies Private Frontage Types which are regulated by Overlays, with design TABLE 9-1 | ALLOWED FRONTAGE TYPES BY OVERLAY
standards and guidelines for each type provided on the following pages. These
Frontage Type Shopfront Retail-Ready General
frontage types can be used in combination with Architectural Projections that will
be noted under each frontage type. Shopfront Yes Yes Yes
B. Building Access. A key role of private frontages is to provide access from the Common Entrance No¹ Yes Yes
public realm into the building. The following standards apply:
Retail / Housing Flex No No Yes
1. All buildings must take primary access from the public sidewalk or from private
Ground Floor Office No No2 Yes
on-site open spaces (see Section 12.5) that directly connect to public realm.
Ground Floor Residential No No Yes
2. Entrances into residential units may not be located more than 250 feet from
the tenant/visitor parking space(s) assigned to that unit, as measured along Vehicular Access No 3
Yes4
Yes

walking paths.
Notes
3. Access occurs via one of the allowed frontage types (see Table 9-1).
1 Exception: If a project only has frontage in the Shopfront Overlay, a common entrance of 20'
4. Frequency of Entries. The quantity of building entrances on a street has a maximum width and designed as a Shopfront is permitted in the Shopfront Overlay.
2 Any ground-floor office uses in the Retail-Ready Overlay (see Chapter 10) shall be designed as
drastic effect on the perceived liveliness of a street. The frequency of entrances
Shopfront frontages.
is regulated by Table 9-2, at right. 3 Exception: A Vehicular Access may be located within the Shopfront Overlay—but in no case on
Franklin St or Main St South—if: 1) all of a project's frontage is in the Shopfront Overlay, or 2)
C. Specific to front setback areas along Franklin St, Main St South, Lafayette St,
if a project has less than 30 feet of frontage outside the Shopfront Overlay and the Applicant
and Central Green. Any setback area along these streets and open spaces shall demonstrates, to the satisfaction of the Director, that it is only possible to get vehicular access from
be designed as an extension of the sidewalk—from the public right-of-way to the within the Shopfront Overlay.
ground floor facade—with its design and paving matching that of the adjacent 4 A project facade (or portion thereof) in the Retail-Ready Overlay shall have no more than one
Vehicular Access. Vehicular Access is prohibited on Franklin St and Main St South.
public sidewalk, subject to the following:
1. On Lafayette St, the first 6 feet (adjacent to the public right-of-way) of the
TABLE 9-2 | FREQUENCY OF BUILDING ENTRIES BY OVERLAY
setback area shall be clear of ground-level obstructions and shall function as
an extension of the publicly-accessible walkway/sidewalk. Shopfront Retail-Ready General
2. Apart from the first 6 feet of the Lafayette St setback (per Standard 9.3.C.1
Frequency of Building Entries
above), the setback area on these streets and open spaces may contain 50' 75' 100'
(max. distance between entries)
furniture, potted plants, sidewalk signs, and other temporary, movable elements
in support of ground-floor retail. Any front setback area not used for such
purposes should function as an extension of the publicly-accessible sidewalk.
No permanently-installed furniture or fixtures are permitted. 9.4. Standards by Frontage Type
a. Exception. A physical barrier required by the California Alcoholic Beverage The following pages provide standards for the 6 allowed private frontage types in
Control (ABC) Act is permitted. Any such barrier shall be no taller than Downtown. The standards specific to each frontage type apply wherever such type
required by state law, and it shall be as visually transparent as permitted occurs.
under state law.
4 4 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

9.4.A. SHOPFRONT

Shopfronts are characterized by large ground floor openings, FIGURE 9-2 | SHOPFRONT
including windows and entries, which provide transparency
and connection between the public realm and ground floor
uses such as shops and restaurants. The primary entrance
is typically at sidewalk grade, unless ADA accessibility is
accomplished by other means, and provides direct access
to the ground-floor use. The basic architectural elements
comprising the storefront are large clear windows, doors with
glass, and transom windows. If shopfronts have a setback, the
setback is typically treated as an extension of the sidewalk.
A
Design Standards B
1. Shopfront openings shall be organized into bays,
with upper floor windows stacked above, per the
standards in Section 8.A.2.
2. If a shopfront is recessed or otherwise setback, and
is not designed in combination with a Dooryard,
Terrace, or Porch (as allowed in Section 10), the Design Guidelines
resulting setback shall be designed as a seamless 5. Where permitted, shopfronts may be used in combination TABLE 9-3 | SHOPFRONT
continuation of the sidewalk, not as a landscaped with Galleries or Arcades, or where the setback is sufficient
Design Standards MIN MAX
area or buffer. Where permitted, this area may be and context is appropriate, in combination with a Dooryard,
used for outdoor dining, merchandising and potted Terrace, or Porch (see Section 10 for Architectural Height to top of
plants. Projections). A 12’ -
transom
3. Shopfronts shall provide for commercial kitchen 6. Ground floor windows should have a minimum transparency Height of
infrastructure, regardless of the initial planned use of 80% and an external reflectance of less than 15%. B 1' 2'
shopfront base
of the Shopfront. New development shall provide— 7. All shade should be provided on the exterior of the building; Depth of
or demonstrate on submitted plans that adequate the majority of the interior space should be visible from the 50’ 1 -
commercial space
space is provided—for a commercial grease trap and right of way.
chase(s) for kitchen venting adequate to support a Notes
8. With minor exceptions, all shopfront openings should
standard full-size restaurant. 1 Exception: Spaces for local non-formula
provide visibility into the interior space, and not be visually
4. A shopfront may accommodate small-format retail and restaurant establishments shall
obstructed by signage, merchandising racks, storage have a minimum depth of 30'.
automobile showrooms, provided they function as shelves, etc.
would any other retail shopfront.
9. Window sills of non-entry bays shall be no higher than 2 feet
from adjacent sidewalk grade.
 4 5 | C hapt er 9: Pr i vat e Fro nt ages

9.4.B. COMMON ENTRANCE

Common entrances, like shopfronts, should have a strong FIGURE 9-3 | COMMERCIAL COMMON ENTRANCE
connection to the public realm. While not always open to
the wider public, they are spaces that are shared by all
tenants which rely on them for building access. Access
to individual units (ground and upper floors) is provided
via a shared hall/corridor within the building.
Design Guidelines A
C
1. Common entrances should be conspicuous and B
designed as a focal-point of the ground-floor
facade. Designs that engage multiple floors and/
or help modulate the facade of the main building
are encouraged (See also Sections 7 and 8 for
Building Massing and Facade Design).
FIGURE 9-4 | RESIDENTIAL COMMON ENTRANCE
2. Entry spaces within common entrances should
be visible from the public right of way. Ground
floor windows shall have a transparency higher
than eighty percent and an external reflectance
of less than fifteen percent. Window sills may be
no higher than 2 feet from adjacent grade. All C B A
shade should be provided on the exterior of the
B
building. See Section 8.2.C for more fenestration
requirements.
3. In some cases, a Common Entrance may include
or be combined with a semi-private yard or open
TABLE 9-4 COMMON ENTRY
space to provide a comfortable, attractive outdoor
MIN MAX Notes
public transitional space that allows congregation Design Standards
1 Does not include public R.O.W.
off of the sidewalk, standards for which are
provided in Section 13 Site Standards.
A Height to top of transom 10’ 20’
B Height to bottom of canopy/awning 8’ -
4. Common entrances may also be used with a
Porch, Dooryard, Terrace, Arcade, or Gallery Distance to back of sidewalk - 20’
where allowed (See Section 10 Architectural Area of outdoor space1 80 sf -
Projections). C Awning/Canopy Depth See §10.4.G
4 6 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

9.4.C. RETAIL/HOUSING FLEX

Retail/Housing Flex frontage is a versatile type that can host FIGURE 9-5 | FLEX DOORYARD
residential uses in the near-term and be easily converted into
shopfronts in the future if the market improves for commercial
uses.
Design Standards
1. This type is only allowed in the General Overlay
(see Fig. 4-2), as residential is not allowed in the
Shopfront and Retail-Ready Overlays.

Design Guidelines
2. The ground floor fenestration amount should be
between 65% and 95%.
3. The setback should be designed and landscaped to
provide privacy when the frontage hosts uses which
FIGURE 9-6 FLEX TERRACE
require privacy, such as residences or offices.
4. When in residential use, ground floor bedroom and
bathrooms windows are prohibited along the front
facade.
5. When in retail use, if a dooryard or terrace is not
used and the entry is at ground level, the setback is
typically treated as an extension of the sidewalk.
6. When in retail use, the ground floor fenestration
should be transparent and provide visibility to the
interior spaces per Section 9.4.A Shopfronts.
 4 7 | C hapt er 9: Pr i vat e Fro nt ages

9.4.D. GROUND FLOOR OFFICE

The private frontages of ground floor offices, where FIGURE 9-7 | OFFICE WITH COMMON ENTRANCE / MULTIPLE FLOOR LOBBY
allowed in Downtown, must be carefully designed to
ensure that they appropriately contribute to the active
public realm environment of downtown. Like ground floor
residential, they typically require some level of privacy,
but they still have the opportunity to give life to the street.
Design Standards
1. Ground-floor office uses in the Retail-Ready C A
Overlay shall be designed as Shopfront frontages. B
2. Fenestration shall be calibrated according to
overlay. See Section 8.2.C for more information.

Design Guidelines
FIGURE 9-8 | OFFICE WITH COMMON ENTRANCE
3. In general, the most public-friendly office
functions such as reception and waiting area or
office amenity space should be located closest to
the primary facade. Areas for private functions,
such as examination rooms, should not be located
C A
on the primary facade.
B
4. Ground floor offices may take access directly B
from the sidewalk and/or from a Common
Entrance or Lobby (See Section 9.4.B).
5. The setbacks of ground floor offices at or near
the level of the sidewalk may feature a dooryard
TABLE 9-5 | COMMON ENTRANCE / LOBBY
or simple landscaping, or they may be designed
MIN MAX Notes
as extensions of the sidewalk if privacy is not Design Standards
1 Does not include public R.O.W.
desired. Raised ground floor offices may use
A Height to top of transom 10’ 20’
a Terrace, Porch, or Stoop. See Section 10
Architectural Projections. B Height to bottom of canopy/awning 8’ -
Distance to back of sidewalk - 20’
Area of outdoor space 1
80 sf -
C Awning/Canopy Depth See §10.4.G
4 8 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

9.4.E. GROUND FLOOR RESIDENTIAL

Ground Floor Residential frontages provide a transition from FIGURE 9-9 | GROUND FLOOR FRONTAGES AND ENTRY TYPE VARIATIONS
the public sidewalk to semi-private or private space. These
frontages moderate the privacy needs of the residential unit
with the need to provide eyes on the street to ensure a safe
and activated public realm environment. Accordingly, the
closer the ground floor facade is to the street, the more
carefully designed the frontage must be. Ground floor units
are either entered through a common entry (such as an entry
lobby or shared private court) or directly from the public
sidewalk, typically through a transitional entry element such
DIRECT ENTRY T YPES—Door yards (left) and Terraces (right)
as a dooryard, porch, terrace, or stoop.
Design Standards
1. If the setback is less than 10 feet, residential ground
floors shall have a first floor level that is 3' to 4' above
the level of the sidewalk, unless the unit is designed
to be ADA accessible or Retail-Ready. If the setback
is 10 feet or greater, residential ground floors should
have a first floor level that is 1.5' to 4' above the level
of the sidewalk, but may have a first floor level at or
near the level of the sidewalk.
2. For required residential setback requirements see
Section 5 and Table 5-1 Building Placement.
3. See Section 8.2.C and Table 8-1. Fenestration for COMMON ENTRY—Shared access into a lobby
residential fenestration standards.
6. If access to ground floor units is Design Guidelines
4. Ground floor bedroom windows are prohibited along
directly from the public sidewalk, 8. Windows on ground floor residential are typically similar
the primary facade.
entry may be provided via a Dooryard, to those found on upper floors of the facade.
5. Ground floor and second floor bathroom windows Terrace, Porch, or Stoop. See Section
are prohibited along the primary facade. Bathrooms 9. Privacy Modulation. The distance from the sidewalk
10 Architectural Projections.
along the primary facade above the second floor to the facade and first floor windows is used to
7. If direct access is not provided, entry maintain a balance between resident comfort level
are permitted, provided that their windows match
may be via a Common Entry with and neighborhood security and activity. The closer a
the appearance, sill height, and lintel height of the
shared passageways. residential unit is to the sidewalk, the higher the ground
other windows on the facade and meet the general
fenestration standards of Section 8.2.C.
 4 9 | C hapt er 9: Pr i vat e Fro nt ages

FIGURE 9-10 | PEDESTRIAN PRIVACY MODULATION EXAMPLES

AND RESIDENT INTERFACE

SHALLOW SETBACK ( VERY URBAN CONDITION)—The NO SETBACK (AT YPICAL URBAN CONDITION)—The
facade is close to the sidewalk (less than 5ft), so the unit 's facade is immediately at the back of walk , but window
ground floor is raised high enough that pedestrians must sill height is above eye level of the passerby, maintaining
look up to see into the interior. The opaque front door and privacy within the unit while allowing the tenant to
5' the landscaping is used to ensure privacy. However, the overlook the street.
lower bushes and ground cover soften the wall in a nod to
10' the neighborhood contex t.

RAISED GROUND FLOORS—The raised elevation

of the ground floor from sidewalk level, and taller
ground floor sill heights (generally above eye-level),
allow residents to overlook the street outside, while
preventing passers-by from seeing into private
interior spaces.

floor elevation should be to maintain a sense of

privacy. See Table 6-2 for ground floor height
standards. However, this height is affected
by ground floor fenestration standards. See
Section 8-1 for more information.

COMFORTABLE SETBACK/ELE VATION ( T YPICAL GENEROUS SETBACK (LESS URBAN CONDITION)—

URBAN CONDITION)—The combination of modest These ground-floor units are at-grade with the sidewalk ,
setbacks and ground floor elevation - in the form of semi- with low sill-height. In this case, generous landscape
private door yard/terraces - provides sufficient privacy and setbacks (15ft) provide a sufficient privacy buffer from the
a comfor table buffer between the sidewalk and large glass street allowing residents to look out onto the public realm.
openings of the living room, with more private bedrooms
on the second floor.
5 0 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

9.4.F. VEHICULAR ACCESS

Vehicular Access frontages typically provide access to FIGURE 9-11 | VEHICULAR ACCESS: DESIRABLE DESIGNS
parking garages or through a building to rear service areas
or surface parking. Because of their utilitarian nature, their
design is often neglected. However, they require particular
care in their design as their sheer size and presence along
the street wall can make them one of the most disruptive
elements to the quality of the pedestrian environment.
Design Standards
1. For standards related to parking structure
facades, see Section 8.2.D.
2. Vehicular Access frontage on a street is only
allowed when no alley provides access to the
lot. The provision of alleys makes higher quality
frontages possible and are highly encouraged.
3. Vehicular entries shall be organized into openings
that are proportioned and detailed to look appear Shopfronts
Vehicular Access
similar to Shopfronts (Section 9.4.A). These
openings shall be organized into vertical bays in VEHICUL AR ACCESS can be organized into attractive, well-propor tioned bays, just like shopfronts.
coordination with the overall facade per Standard
8.2.A.2.
4. Vehicular Access openings shall be no more 6. Gates which open to allow cars to enter (excluding
than 13 feet wide. Where adjacent openings are security doors that are shut when the garage is
necessary to provide entry and exit, they shall be not accessible) shall be inset from the facade by
separated by a pier (a portion of wall) of at least 2 a minimum of 20 feet, to allow cars to await entry
feet in width. without blocking the sidewalk.
5. Vehicular Access frontage may comprise no more
than 40% of a building's required buildout (per
Table 5–1 in Section 5.3), and a single project may
have no more than 2 Vehicular Access openings
on any one street.
 5 1 | C hapt er 9: Pr i vat e Fro nt ages

FIGURE 9–12 | VEHICULAR ACCESS

BAY

BAY

B
A A

E
C
D

Design Standards MIN MAX

Design Guidelines
7. Entries should be at least 50 feet from the
A Width of Opening - 13’ corner of a block.
B Width of pier/wall between openings 2’ - 8. Gates or doors which secure vehicular entries
C D Percentage of building's required should be designed as attractive urban
- 40%
frontage (C divided by D) elements, just like pedestrian entry doors.
E Gate inset into building 20’ - 9. Parking counters are recommended in all
parking garages with public access.
5 2 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

10 Architectural Projections
10.1. Intent TABLE 10-1 ARCHITECTURAL PROJECTIONS
Certain Architectural Projections may be combined Location 1
with appropriate private frontage types—as regulated Gallery Required
Arcade Required Elsewhere in
in Chapter 9—to form interesting, cohesive, and active & Gallery Allowed Main Street South
Overlay Downtown
Overlays
ground-floor environments. These may project from the
facade—which is set within the build-to range per Chapter Projection beyond the facade
5—into the front setback per the standards of Table 10-1. Up to 2’ min. from ROW
Stoop Not Allowed
or sidewalk
10.2. Applicability Porch Not Allowed 8’ min and up to 2’ min.
Terrace Not Allowed from ROW or sidewalk 2
Table 10-1 identifies where these Architectural Projections
are allowed and how much they may project. The General

Type of Projection
6’ min and up to 2’ min.
Dooryard Not Allowed
Standards below (Section 10.3 apply to all types, while from ROW or sidewalk

Section 10.4 provides additional standards by type. Bay Window 3’ max.

Balcony 5' max. 3

10.3. General Standards Awning/Canopy 10' max.

Where utilized, these elements are subject to the following: Roof Eave/Cornice
5' max.
A. Materials, style, design, and associated landscaping Assembly
and other features shall be consistent with the Vertical Theater
See Section 11.3.H
building's architecture and neighborhood character. Marquee
B. Architectural projections of traditionally-styled Arcade Not Allowed 15' min; 20' max. Not Allowed Not Allowed

buildings shall have visible supports in the form of Gallery 12' min; 15' max. Not Allowed Not Allowed 12' min; 15' max.
projecting beams or braces/brackets.
Notes
C. An Architectural Projection shall be contained 1 See Figure 10-1 for locations of Overlays and Main St South.
within a single Massing Increment; it shall not 2 As a result, a Porch or Terrace may only occur within setbacks of 10' or more.
overlap the division between Massing Increments. 3 For occupiable balconies, the clear depth of occupiable space, measured from the balcony doors to the inside of balcony railing shall be
4'–6" minimum. Balconies may project and/or be recessed into the facade to maintain this minimum depth. See Section 10.4.F for more.
This is a requirement of all architectural elements
per Section 7.3.
 5 3 | C hapt er 10: Archi t ect ur al Pro j ect i o ns

FIGURE 10-1 | ARCADE & GALLERY OVERLAYS (See Sections 10.4.H & I for more standards)

E C A
I G
90'
* 90'

90' * Theater Marquee

Main St
J H F D B

South

LEGEND & STANDARDS

Gallery Required. Galleries are required to line a minimum of 50% of the length of each block in the
Gallery Required Overlay.
Projecting Roof Eave
Gallery Allowed. Galleries are allowed to wrap the corners of blocks and extend onto North-South streets
at these locations, provided that the building setback on the North-South street is adequate to allow the
minimum required gallery projection dimension listed in Table 10-1.
Arcade Required. Arcades shall line Central Green and have a public access easement, allowing them to
serve as a continuous covered sidewalk around Central Green.
Arcade Allowed. Arcades are permitted on buildings along Lafayette St to extend the sidewalk environment
and create a welcoming edge to Downtown.

* Galleries at Franklin Square. If Franklin Square is relocated to this block per Precise Plan Figure 3–2,
Galleries lining Franklin Square are optional.

* Galleries near the Theater. Any Gallery lining block B shall stop at least 20' away from any Theatre Marquee.
Bay Windows
5 4 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

10.4. Standards & 10.4.A. STOOP 10.4.B. PORCH

Guidelines by Type
Most of the architectural projections types carry additional
standards and guidelines. These are the Stoop, Porch,
Terrace, Dooryard, Balcony, Awning/Canopy, Arcade, and
Gallery, which are detailed here and on the following
pages. Standards for Vertical Theater Marquees and E
other signs are including in the following chapter (see A D
Chapter 11). C
C D

G
B
B
A
E

A Stoop is a stairway and landing leading directly from Porches are roofed, unenclosed rooms attached to the
the right of way to an elevated building entrance. exterior of a building that provide access and comfortable
semi-private outdoor social spaces that help activate the
public realm.

Design Standards MIN MAX Design Standards MIN MAX

A Stoop width 4‘ 8‘ A Porch depth (excluding stairs) 1
8' -
B Stoop depth (not including stairs) 4‘ 8‘ B Porch width 10' -
C Stoop floor height 3
1.5 4‘ C Porch column height 2
8.5' 12'
Planter/fence height (including D Floor height 3
1.5' 4'
D - 3‘
height of vegetation) E Between porch and front PL 2' -
E Entry Recession depth 0.5' 6‘ Additional Standards & Guidelines
Additional Standards & Guidelines • Porches may be used to provide access to multiple
• The exterior stairway may be perpendicular or front doors of ground-floor units.
parallel to the adjacent sidewalk. When parallel to • Porches may also wrap around building corners. This
the sidewalk, landscape of 2 feet should be provided is particularly appropriate on corner lots.
between the side of stair and the sidewalk.
• Adjoining stoops should be limited to two entries. A Notes
stoop may also provide access to a common entry. 1 Between building facade and end of porch deck.
2 From porch floor to top of porch columns.
• Gates are discouraged. 3 Measured from grade at right of way.
 5 5 | C hapt er 10: Archi t ect ur al Pro j ect i o ns

10.4.C. TERRACE 10.4.D. DOORYARD 10.4.E. BAY WINDOW

B C
C
DA A
A B
B D
C

A Terrace is an enclosed area outside of an elevated A Dooryard is an enclosed area outside of an at grade A Bay Window functions like an enclosed balcony. An
ground floor, usually enclosed by a low wall or fence. first floor, usually enclosed by a low wall or fence. alcove-like portion of an interior space projects out from
the facade.

Design Standards MIN MAX Design Standards MIN MAX Design Standards MIN MAX
A Depth, clear 8' - A Depth, clear 8' - A Projection beyond facade - 3'
B Finish level above sidewalk - 4' B Finish level above sidewalk - 4' B Width 4' 8'
Length of terrace - 50' Length of dooryard - 30' Clear height above ground in
C Distance between stairways - 50' C Distance between entrances - 50'
C Shopfront and Retail-Ready 12' -
Overlays
Additional Standards & Guidelines Additional Standards & Guidelines
Clear height above ground
• Door and window design should be appropriate for • Door and window design should be appropriate for D N/A -
elsewhere
street-fronting facades. street-fronting facades.
Additional Standards & Guidelines
• Bay windows shall not comprise more than 20% of a
facade's surface area.
5 6 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

10.4.F. BALCONY

A A

C C C
B B B

Occupiable balcony, projecting from the facade Occupiable balcony, partially projecting and recessed Juliette balcony with space for pots

A Balcony is a space projecting from an upper floor which is enclosed by a railing and accessible from a door or doors. An occupiable balcony provides usable outdoor space,
while an unoccupiable balcony (or "Juliette" balcony) simply provides a railing so that doors on the facade can be opened, making the interior room itself feel like a balcony space.

Occupiable Balcony Juliette Balcony

Design Standards
MIN MAX MIN MAX
Clear depth of occupiable space, measured from the
A 4.5' - N/A N/A
balcony door(s) to inside of railing
B Projection beyond facade - 5' - 1.5'
Width 4.5' 16 1
3' 10'
C
Additional Standards & Guidelines
• Occupiable balconies shall either project (see upper left image), be recessed into the facade, or a combination of the
two (see upper middle image) in order to maintain the clear depth of occupiable space. C
• Balconies shall be functional and not just decorative. Door(s) shall give access to the balcony, the floor of the
balcony shall align with the bottom of the balcony door, and balconies shall safely support the weight of its potential
occupants. Faux (false) balconies, such as railings attached to the facade below windows, are prohibited.
• Building tenant/homeowners association rules shall prohibit the use of balconies for storage. Juliette balcony

• Balconies may be located on facades facing streets, open spaces, and internal courts; balconies shall not be located Notes
on side and rear facades which overlook other private property. 1 Exception: Occupiable balconies that are completely recessed
into the facade (they do not project beyond the facade) may be
as wide as the Massing Increment in which they are located.
 5 7 | C hapt er 10: Archi t ect ur al Pro j ect i o ns

10.4.G. AWNING/CANOPY

A
B

Awnings/canopies of historic Downtown Santa Clara

An Awning/Canopy is an overhang which extends from the facade to provide shade, protection from the rain,
and character.

Design Standards MIN MAX

Clear height from sidewalk to lowest element of roof overhang (not including
A 9' -
support bracket)
B Clear height from sidewalk to bottom of support bracket connection to wall 7' -
Projection beyond facade (for ground level awnings/canopies) - 10'
C
Projection beyond facade (for upper level awnings/canopies) - 5'
Massing
D Length along facade -
Increment1
Additional Standards & Guidelines
• The placement and structure of the awning shall correspond to the building's pattern of bays and ground
floor openings.
• It is encouraged to echo the proportions, slope, and structure of the historic Santa Clara awnings, whether
expressed in a traditional or modern way (see image to the right).
Awnings/canopies can also have a modern expression.

Notes
1 See Chapter 7 for more on massing increments.
5 8 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

ARCADES & GALLERIES: INTRODUCTION

Covered sidewalks are a part of the history of California
as well as Santa Clara, which had sidewalks sheltered
by deep shade structures going back as far as the 1880s.
Returning galleries, (porch-like structures attached to
the building facade) back to Santa Clara's streetscape
would not only make the retail experience on Franklin
Street more pleasant and welcoming, but would be a
way to include Santa Clara's heritage in everyday life.
Arcades (extensions of upper floors over the sidewalk and
held up by vertical supports) are another way to provide
protection from the elements.
In order to create a comfortable experience for shoppers,
especially during the heat of the summer or in rain,
arcades and galleries are required/allowed per Figure
10-1, and shall follow the standards in Sections 10.4.H & I.
Galler y in Downtown Santa Clara, 1880. Arcade in San Francisco.

Galler y in Old Town Sacramento Arcades around the Central Square in Seaside, Florida.
 5 9 | C hapt er 10: Archi t ect ur al Pro j ect i o ns

10.4.H. ARCADE
Design Standards MIN MAX
A Projection beyond the facade1 15' 20'
B Clear dimension from facade to inside of column 12' -
Maximum of 3' or 1/5th the
C Column/support width in any direction distance between columns,
whichever is less.
G
D Clear width of opening between columns 8' 18' 2
E Clear height of opening 12' 3 25'
F Overall height - 4 stories4
Massing
G Length along facade -
Increment5

A Additional Standards & Guidelines

• The ground level walkway space within an arcade may span one or two floors.
F
• The openings of the Arcade shall correlate to the bays of the facade.
• Vertical supports may be piers, columns, or arches; all arches within the same
C Massing Increment shall be equal.

E • Hanging light fixtures and hanging signs are allowed within the space of the Arcade
as long as a minimum height clearance of 9 feet is maintained.
• Objects such as dining tables and chairs, sidewalk signs, and merchandising racks
are allowed within the space of the Arcade, subject to Section 9.3.C.
B See Precise Plan Chapter 3
for the design vision for Central
Green and the Lafayette St section
Notes
1 Along Central Green: the face of the Arcade shall be set at the edge of the required dimension of
Arcades are extensions of upper floors over the front ground floor setback area, supported
the Central Green as mapped in Precise Plan Figure 3-2 (see Chapter 4 of this Code); therefore, the
by vertical supports. Arcades provide shade, glare control, and weather protection. Arcade projection dimension shall match the building setback (see Table 5-2).
Along Lafayette St: the face of any Arcade shall be set 6 feet from the property line; therefore, the
Arcade projection dimension shall be 6 feet less than the building setback (see Table 5-2).
2 Column spacing shall be less than or equal to the clear height of the opening.
3 The clear height excludes decorative brackets, spandrels, and/or lower portions of arches.
4 Along Central Green: only floors 2, 3, and 4 may extend over the arcade. Any floor above the 4th
floor shall be set back at least 15' from the Central Green (at least as far back as the ground floor
facade).
Along Lafayette St: all allowed upper floors may extend over the arcade.
5 Arcades shall line the entire perimeter of the Central Green. However, if there is a change in building
or Massing Increment, the Arcade should change accordingly to match the design of its building/
increment. See Chapter 7 for more on Massing Increments.
6 0 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

10.4.I. GALLERY
Design Standards MIN MAX
A Projection beyond the facade 12' 15'
B Column width in any direction 4" 1'
F C Column spacing (on center) 8' 1
18' 2
D Clear height of opening 12' 25'
E Overall height from sidewalk to eave - 30'
Massing
F Length along facade -
Increment3
Additional Standards & Guidelines
• Galleries may be single or double-story and shall correlate with building floors.
• The openings of the gallery shall correlate in a logical way to the bays of the facade.
B E • It is encouraged to echo the proportions and function of the historic Santa Clara
Galleries, whether expressed in a traditional or modern way.
C
D • In California, most historic galleries are modest shed roof structures supported by
A wood piers. New galleries can present a similar aesthetic by using thinner structural
members, including heavy timber or composite wood columns (often 6"x6" or 8"x8")
or steel I-beam or tubular columns.
• Fiberglass or plaster piers/columns are prohibited in galleries.
10' typ. sidewalk • Unless the attached building is a neoclassical design, column designs from the
adjacent to Gallery classical orders are inappropriate for use on galleries and are prohibited for this
per Precise Plan context.
• Hanging light fixtures and hanging signs are allowed within the space of the gallery
Galleries are appendages to building facades that extend over the front ground floor as long as a minimum height clearance of 9 feet is maintained.
setback area, providing shade for pedestrians and often providing terrace space above.
• Objects such as dining tables and chairs, sidewalk signs, and merchandising racks
are allowed within the space of the Gallery, subject to Section 9.3.C.

Notes
1 Coupled columns that are located within 3 feet of each other are exempt from the minimum spacing
requirement.
2 Column spacing should typically be less than or equal to the clear height of the opening. Column
spacing shall never exceed 1.4 times the height of the opening.
3 A gallery should typically span most/all of a Massing Increment. See Chapter 7 for more on massing
increments.
 6 1 | C hapt er 10: Archi t ect ur al Pro j ect i o ns

Historic galleries use slender posts. Signs and sales racks must not impede pedestrians.

Galleries could be combined with parklets, awnings, Galleries may be up to 2 stories in height and may
and canopies. have balconies above.
6 2 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

11 Signage Design
11.1. Intent and Applicability 11.2. General Standards
This section further accomplishes the intent described in Section 10.1. The standards A. Signs shall not obscure building entrances, cornices, columns, or other prominent
and guidelines of this section apply to all new buildings within the plan area. Each architectural elements.
new sign, new building, or facade renovation is subject to the standards of this B. Allowed sign types may be combined unless stated otherwise.
section. Except where in conflict with the provisions of this section, Santa Clara
C. Sign lighting shall be designed to minimize light and glare on surrounding rights-
City Code Chapter 18.80 shall apply, excepting Section 18.80.040, 18.80.050, and
of­ way and properties.
18.80.060. All signs require a sign permit per Section 18.80.230. Any sign type that
is not listed and permitted by right in this section may only be approved by the D. Directory signs are small wall signs located at pedestrian eye level and intended
Planning Commission. Public signs are exempt from this section. Table 11-1 lists the to identify multiple tenants within a building or complex. The following standards
signs types, whether each is permitted by right or by the Planning Commission. All apply to these signs:
types are subject to their corresponding standards, whose section references are 1. Directory signs shall not exceed 6 square feet.
listed in the table.
2. Directory signs shall only be externally illuminated. Internal illumination and
neon lighting is prohibited for directory signs.
TABLE 11-1 SIGN TYPES
E. Tenant signs shall be externally illuminated or neon. Traditional neon lighting is
Type Allowance Section Reference
preferred over LED neon lighting.
Wall P 11.3.A
Window P 11.3.B
Blade P 11.3.C 11.3. Standards & Guidelines by Type
Vertical Projecting P 11.3.D Standards for each sign type can be found on the following pages of this section.
Front Yard P 11.3.E
Awning P 11.3.F
Sidewalk P 11.3.G
Vertical Theater Marquee HLC & PC 11.3.H
Roof HLC & PC 11.3.I
Mural HLC & PC 11.3.J

LEGEND
P Permitted by right
HLC & PC Historical and Landmarks Commission and Planning Commission.
The sign goes to the HLC for a recommendation to the Director for
the development review hearing with noticing for 1,000 feet.
 6 3 | C hapt er 11: Si gnage Des i gn

Neon Wall Sign

Wall-mounted Projecting Signs

Projecting Sign mounted on a shopfront 's canopy Sidewalk Signs

6 4 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

11.3.A. WALL 11.3.B. WINDOW

A
B
A

B
C

A sign that is applied directly to or projecting out and parallel A sign painted or applied directly to the shopfront windows
to the facade. This type of sign is intended for viewing from and/or doors. Window signs also include posters for
across the street and along the sidewalk. advertisements and sales, product merchandise posters,
open/closed signs, and painted or etched business names
Standards Min Max
and logos.
A Height 10" 30"
Standards Min Max
B Width (as % of facade width) - 60%
A Height (% of window/door height) - 40%
C Clearance from openings 24" -
B Width (% of window/door width) - 40%
Additional Standards & Guidelines
C Area (% of window/door area) - 16%
• A minimum of one wall sign may be approved per
business per street- or open-space-facing facade. Additional Standards & Guidelines
In multi-tenant buildings, only the businesses with • Permanent window signs shall be individually painted,
frontage on the sidewalk shall have a wall sign. etched or otherwise applied letters or logo graphics
• Wall signs shall be located above the shopfront and surrounded by clear glass.
at least 12 inches from any eave or edge of building
above. • If no awning is provided, secondary window signs are
allowed, which may span the width of the window,
• Sign thickness (as measured from the wall) shall not
exceed four inches. shall be located at the top of the window, and shall
be limited to one foot in height.
• Cabinet signs are prohibited.
• Channel lettering is permitted, provided that the • Signs within 2 feet of a window are subject to the
letters are either back-lit or externally illuminated; same size standards as window signs. All other
internally-illuminated channel letters are prohibited. interior signs shall be set back at least 2 feet.
• Lettering on background panel may be up to 24
inches tall. If a background panel is not included,
letter height may be up to 30 inches tall.
 6 5 | C hapt er 11: Si gnage Des i gn

11.3.C. BLADE 11.3.D. VERTICAL PROJECTING

B
B

A painted, reverse-channel, or individual-lettered sign applied

A double-sided sign perpendicular to the building facade
directly to or projecting out and parallel to the facade. This
from a mounted wall brace or from a ceiling. Blade signs
type of sign is intended for viewing from across the street
typically project over a sidewalk and are intended for viewing
and along the sidewalk. Internally-illuminated cabinet signs
by approaching pedestrians.
are prohibited.

Standards Min Max Standards Min Max

A Sign height - 36" A Sigh height - 8'
B Average outer distance from facade - 4' B Average outer distance from facade - 4'
C Vertical clearance from sidewalk 8’ 12’ C Area (sign only; per side) - 16'
Area (sign only; per side) - 6 sf Additional Standards & Guidelines
Sign thickness - 4" • Projecting signs shall be permitted to extend above
Additional Standards & Guidelines the parapet or roof of the structure to which it is
attached.
• A maximum of one blade sign shall be allowed for
every shopfront entrance on the facade. • A maximum of one projecting sign is allowed for every
shopfront entrance on the facade.
• The top of a blade sign shall be located below the
building’s second floor windows. • Signs shall be externally illuminated by a light
mounted on the facade or by neon tubing used to
• Signs shall be externally illuminated by a light
illuminate letters, symbols, and accent frames.
mounted on the facade or by neon tubing used to
illuminate letters, symbols, and accent frames.
6 6 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

11.3.E. FRONT YARD SIGN 11.3.F. AWNING

B
C D
A
B

A front yard sign is intended for businesses in buildings

that are wholly or partially set back from the public right of
way. The target viewer is the passing pedestrian or bicyclist.
A sign painted directly onto, or projecting from any sort of
Front yard signs may be freestanding or integrated into the
awning or canopy.
design of a fence or dooryard wall.

Standards Min Max

A Sign width - 30"
B Sign height - 30" Standards Min Max
C Overall height - 5' A Letter height 10" 30"
D Horizontal clearance from sidewalk 2' - B Width (as % of the width of the
Additional Standards & Guidelines shopfront facade that corresponds to - 60%
the sign)
• Signs shall not encroach into the public right of way.
Area (as % of each surface) - 25%
• Exterior illumination shall be permitted, provided that
Additional Standards & Guidelines
it is from a single bulb, shielded, and warm in tone.
• If no awning is provided, secondary window signs are
allowed, which may span the width of the window,
shall be located at the top of the window, and shall
be limited to one foot in height.
• See Chapter 10 (Architectural Projections) for
standards related to awnings and canopies.
 6 7 | C hapt er 11: Si gnage Des i gn

11.3.G. SIDEWALK 11.3.H. VERTICAL THEATER MARQUEE

A two-sided, non-illuminated, portable and temporary sign

placed outside a shopfront on the sidewalk for viewing at
close range.
Standards Min Max
A Height (overall) 18” 36”
C
B Width 18” 30”
B
Horizontal clearance from curb 18” -
Clear pathway 6’ -
Additional Standards & Guidelines
A sign, usually over a theater or arena, that displays the name
• Signs shall not contain posters, flyers, balloons, of the venue, featured attractions, and principal performers.
pennants or flags attached to the sign.
• There shall be no projections other than raised carved
letters, which should extend no more than ½ inch Standards Min Max
from the sign face. Height, as measured from the
• Maximum of one sidewalk sign per business. A - 50'
bottom of the sign
• Signs shall only be displayed during hours of B Average outer distance from facade - 10'
operation.
C Vertical clearance from sidewalk 10' -
• Signs shall not be affixed to any wall or mounted
on wheels. Area (sign only; per side) 200 SF
• “Reader board” signs with removable slide-in letters Additional Standards & Guidelines
are prohibited.
• A maximum of one marquee sign is allowed for any
• Signs shall be constructed of wood, plastic, or metal
building.
with professionally-applied lettering or images,
provided that handwritten menu boards or "specials
of the day" for restaurants shall be allowed.
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11.3.I. ROOF SIGN

Roof Signs are large signs erected upon, against, or directly above a roof or above the parapet of a building. Roof signs are intended to emphasize a civic or quasi-civic destination
and/or to bolster the identity of the area itself. They are intended to be viewable from a long distance from key vantage points.

Standards Max. Required Findings

A Overall height above roof 30'
Approval of a Roof Sign is subject to the following
B Overall width 50' Required Findings:
C Cumulative surface area of graphic(s) accompanying the lettering 100 sq. ft.
a. There is no other Roof Sign on the same block.

Additional Standards & Guidelines b. Roof Sign does not block the view of any other
approved or built roof sign or monument which
a. Roof signs shall be comprised only of letters and small accompanying graphics, as showing in the precedents above. terminates a vista.
b. No more than 3 Roof Signs shall be permitted in Downtown. c. Roof Sign design theme, materials and
c. Roof Signs shall only promote uses which serve as a common destination to a wide range of people. This includes aesthetic complement and enhance the
theaters, food halls/markets, hotels, and the Downtown itself. Roof Signs shall not be used to promote housing, character and skyline of Downtown Santa
offices, or individual non-civic private businesses, such as individual shops and restaurants. Clara.

d. If illuminated, Roof Signs may only be lit by: 1) neon lighting; 2) external illumination with light sources shielded from d. Roof Sign design is unique and iconic, using
view; or 3) halo illumination (projecting light behind an opaque letter or emblem which results in the appearance high-quality, element-resistant materials and
of a ring of light around the letter/emblem). construction methods.

e. Electronic readerboards shall be prohibited on Roof Signs. e. Roof Sign design and materials are
architecturally and thematically
f. Roof Signs shall be set back from the facade a minimum of 5 feet to not appear as an upward extension of the
complementary of the activity center it is
facade. They may be angled as necessary to be seen from key vistas.
serving.
g. Roof Signs should terminate long vistas, so that they can be seen as one looks toward and approaches Downtown.
 6 9 | C hapt er 11: Si gnage Des i gn

11.3.J. MURAL SIGN

A conditional type of art wall that may incorporate signage, useful for the branding and identification of key activity nodes/
centers. Additionally, this sign type is intended to uniquely emphasize, support and enhance the regional identity and
character of Downtown, consistent with the overall aesthetic for Santa Clara. Design themes that reflect the history of the
Bay area are encouraged.

Standards Required Findings

A Overall Height The location and
Approval of a Mural sign is subject to the following Required
B Overall Width dimensions are
context-sensitive and Findings:
thus shall be identified a. Mural Sign design theme, materials and aesthetic
Overall Sign Area and approved with a
complement and enhance the intended unified
Planning Entitlement.
streetscape aesthetic of Downtown Santa Clara, as
defined by this Specific Plan.
Additional Standards & Guidelines
b. Mural Sign design is unique and iconic, using durable,
a. Mural sign shall be allowed to spread across multiple element-resistant, non-toxic materials and techniques.
walls.
c. Mural Sign design and materials are architecturally
b. Commercial mural signs are permitted but are limited and thematically complementary of the activity center
to on-site signs. Off-site mural signs are prohibited. it is serving.
d. Referral to Cultural Commission for a recommendation
to the Development Review Hearing.
7 0 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

12 Building Use & Parking

12.1. Building Use TABLE 12-1 | SPECIFIC BUILDING USE PROVISIONS
Use Shopfront Overlay1 Retail-Ready1 Downtown General
A. Introduction
Automobile service Not permitted Not permitted Not permitted
This section includes provisions for building
use and parking for all properties within Automobile dealership Permitted only as a small-format showroom within a Shopfront
the Plan area. Uses not listed in Table 12-1 Assisted living / memory care Not permitted Not permitted Not permitted
Specific Building Use Provisions shall Corporate cafeteria, as Not permitted Not permitted Not permitted
be allowed by right unless prohibited accessory to office use

everywhere in the City by the Santa Clara Data center Not permitted Not permitted Not permitted
City Code. All uses are subject to all Drive-through facility Not permitted Not permitted Not permitted
applicable development standards, State Dwelling unit Permitted on upper floors; not Permitted on upper floors; not Permitted
law, and any other applicable requirements permitted on ground floor permitted on ground floor
that are beyond the scope of this Chapter. Heavy industrial/manufacturing Not permitted Not permitted Not permitted

Any use that is not specifically prohibited Laboratory CUP required on upper floors; CUP required on upper floors; CUP required
not permitted on ground floor not permitted on ground floor
within in this section, but is deemed by
Liquor store CUP required CUP required CUP required
the Director of Community Development
Office Permitted on upper floors; CUP Permitted 1
Permitted
to be of such a nature as to be detrimental
required for ground floor1
to neighboring properties by reason of
Lobby Permitted on upper floors; not Permitted on upper floors; not Permitted
emission of odor, excessive noise, or permitted on ground floor2 permitted on ground floor2
any other factor that is adverse to their Place of assembly CUP required CUP Required CUP Required
comfort, peace, enjoyment, health, or safety,
Private building amenities Permitted on upper floors; not Permitted on upper floors; not Permitted
shall also be prohibited. All procedural and leasing offices permitted on ground floor permitted on ground floor
requirements of SCCC § 18.110 shall apply. Specified “regulated businesses” CUP required CUP required CUP required
Parking requirements associated with (per SCCC § 18.70)

building uses, as well as standards for Storage/warehouse Not permitted Not permitted Not permitted
how that parking may be provided, are Surface parking Not permitted 3
Not permitted 3
Not permitted4
established in Section 12.3. Thrift shop (not including CUP required CUP required CUP required
buy-sell-trade stores)
Vehicle fueling facility Not permitted anywhere in zone Not permitted anywhere in zone Not permitted anywhere in zone

Legend Notes
CUP: Conditional Use Permit 1 All ground-floor office uses in the Shopfront or Retail-Ready Overlay shall be designed with Shopfront frontages (See Table 9-1 and Section 9.4.A).
2 Exception: If a project has no frontage in the Downtown General Overlay, a Lobby of 20' maximum width and designed as a Shopfront is permitted in the first of the
(SCCC § 18.110) following options where the project has frontage: Option 1) in the Retail-Ready Overlay on any street other than Franklin St; Option 2) in the Shopfront Overlay on any
street other than Franklin St; Option 3) in the Retail-Ready Overlay on Franklin St; or Option 4, last resort) in the Shopfront Overlay on Franklin St. (Example: Option 1
shall be chosen over Option 2 if a project has frontage in both locations.)
3 Exceptions: Parking spaces along an alley, with no additional aisles for the purposes of accessing parking, are permitted. Also, interim on-site surface parking is
permitted with a Conditional Use Permit, provided that it serves a phased development strategy.
 7 1 | C hapt er 12: B ui l di ng Us e & Par ki ng

12.2. Specified Use Definitions 12.3. CUP Conditions

Each use listed in Table 12-1: Specific Building Use Provisions is defined below. In cases of uncertainty, the Director shall have of Approval
the authority to make a determination.
Those seeking a Conditional Use Permit
Automobile service. An establishment for repair processes that produces odors, Private building amenities and leasing (CUP) must go to Planning Commission for
which the primary purpose is the on-site noise, vibration, has large industrial offices. Spaces shared by the tenants/ determination and approval. In addition to
repair, cleaning, detailing, dismantling, or vehicles visiting more than once per day, inhabitants of a building but closed to the the requirements listed in Santa Clara City
similar work on cars. hazardous waste materials, or particulates public and offices dedicated to leasing and Code, any use seeking a CUP is subject to
that may negatively affect other uses on sales for the building. the following required findings:
Automobile dealership. An establishment
which sells automobiles. A small-format the same site or neighboring properties. Office. A building or portion thereof used A. The use shall not be noxious or a
showroom is similar to a typical retail Uses permitted in MP (Planned Industrial) as a place for commercial, professional, or nuisance, including the disturbance
establishment with Shopfront frontage. zoning districts, per SCCC § 18.46.030, bureaucratic work that does not depend of neighboring uses or uses in other
with the exception of laboratories, are not on regular on-site visits from customers. portions of the building.
Assisted living / memory care.
included in this category. B. The use shall contribute to, and in no
Specialized housing accommodations for Specified regulated businesses. Uses
those requiring permanent on-site medical Laboratory. A space, room or building including adult book stores, adult cabarets, way impede, the use of the adjacent
care. equipped for scientific experiments, adult motion picture theaters, nude public realm as a walkable, active
research, or teaching, or for the encounter studios, nude photography mixed use environment throughout
Corporate cafeteria, as accessory to
manufacture of drugs or chemicals. studios, and other uses, as specified in the day for a diversity of people.
office use. A cafeteria that is closed to the
public but provides meals to employees of Liquor Store. A retail establishment which SCCC 18.70.090. C. The use shall meet all other
a particular company. has 25% or more of the shelving devoted Storage/warehouse. A facility for the standards of this Form-Based Code,
to the public display and sale of alcoholic storage of furniture, household goods, or as applicable. For example, if a Place
Data Center. A facility for housing
beverages for off-site consumption. other commercial goods of any nature. of Assembly is approved, it shall not
computing and data storage systems and
Lobby. An entry hall accessed by a present blank walls to a street or
equipment. Thrift shop. Any individual personal
common entrance shared by building open space (see Chapter 10, Facade
Drive-through facility. An establishment partnership, firm or corporation whose
tenants. Design).
where customers are regularly attended business includes buying, selling, trading,
Place of Assembly. Facility for public or taking in pawn, accepting for sale on D. The physical building and space
while remaining seated within an
private assembly and meetings, including consignment, or accepting for auctioning, shall be designed to be flexible and
automobile.
civic and private auditoriums, banquet secondhand tangible property. Buy-sell- adaptable; it should facilitate the
Dwelling unit. Any building or portion possibility that it be filled with a by-
halls, community centers, conference trade stores—stores at which items are
thereof that is used as an independent right use in the future.
and convention facilities; meeting halls for bought and sold outright (rather than used
living facility for one or more persons.
clubs, religious institutions (i.e., church, as collateral for loans)—are exempt from
Heavy industrial/manufacturing. An temple, synagogue, and mosque), and this category and are permitted by right.
establishment that includes labor-intensive other membership organizations. Vehicle fueling facility. A gas station—
manufacturing, assembly, fabrication, or
does not include electric vehicle charging
stations.
7 2 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

12.4. Parking Requirements TABLE 12-2 | REQUIRED PARKING

A. Introduction. For new development Downtown, transportation demand Use Minimum Vehicular Parking Required
management (TDM) strategies and parking strategies are intended to implement Office, civic, cultural and conference 1 space per 500 sq. ft. of building area
a pedestrian-oriented district that is accessible by all modes of travel and uses
not dominated by wide roadways and traffic. Auto-oriented environments are
Grocery stores 1 space per 500 sq. ft. of building area
typically characterized by large and exposed surface parking areas. It is the intent
of the Precise Plan and this Form-Based Code to both minimize the aesthetic All other commercial uses, including 1 space per 1,000 sq. ft. of building area
restaurants and bars
damage of existing and new parking areas through occupiable building lining,
and to facilitate the rationalization of parking areas to better levels of efficiency Hotels 0.5 spaces per room
to support existing and new development. 1 space per unit for units greater than or equal
to 550 sq. ft.;
B. Applicability Residential units 0.5 spaces per unit for units less than 550 sq. ft.;
1. The standards within this section shall apply to all residential and non- 1 space per 20 units for guest parking
residential development and/or redevelopment within the Precise Plan
boundaries. Residential units for seniors, with 1 space per employee plus 0.1 spaces per unit
on-site staff
2. Compliance with these standards is not required in the following instances
a. a change of use within an existing building; or
E. Unbundled Parking. A maximum of one parking space shall be rented or sold
b. an expansion of an existing building; or
with each unit. Additional parking spaces shall be rented or sold separately. As
c. a replacement of an existing building that does not result in an increase in an alternative to renting or selling parking spaces separately from residential
floor area by more than 25 percent.
units, property managers may implement a parking preference program, with
C. Required Number of Vehicular Parking Spaces. In the Downtown Precise Plan prospective renters without cars put on a separate waiting list from renters with
Area, parking requirements shall be as summarized in Table 12-2, except for any cars, and renters being chosen alternately from the two lists. Require employers
reductions allowed per this Section. These requirements reflect a strong transit who provide free employee parking to offer a cash payment in lieu of the parking
orientation for downtown. benefit.
D. Shared Parking. Parking shared among uses is encouraged, and up to twenty F. Off-Site and On-Street Parking. Required parking may be provided off-site but
percent (20%) of parking spaces provided may be shared between two uses. within the Downtown Zone. Directly adjacent on-street parking may count toward
For the purposes of this title, those parking spaces shared between two uses parking requirements for commercial uses.
count towards the parking requirement of both. Shared parking is justified when
reduced parking reflect different uses have different time-of-day parking demand
profiles, based on evaluation by a qualified transportation planner and the City.
 7 3 | C hapt er 12: B ui l di ng Us e & Par ki ng

G. Required Electric Vehicle Charging Spaces (EVCS). All new development shall H. Transportation Demand Management.
conform to the City of Santa Clara building electrification Reach Codes regarding 1. New development should provide secure indoor bicycle parking consistent with
EVCS (see Ordinance No. 2056), the Green Building Standards Code (SCCC Zoning Code requirements.
Chapter 15.38), and/or any current City standard at the time of application. New
2. New development should contribute to Transportation Demand Management
residential development shall provide for EVCS and EV Ready Spaces in the
(TDM), in order to promote transit and walkability in Downtown. Such TDM
quantities identified in SCCC Section 15.38.040 for residential uses and SCCC
measures include:
Section 15.38.050 for non-residential uses.
a. Transit Passes for Residential Uses – when residential developers commit to
provide a monthly transit pass benefit to each residential unit;
b. Transit Passes for Commercial Uses – when commercial developers commit
to a monthly transit pass benefit, paired with a “guaranteed ride home”
benefit for when employees have family or medical emergencies;
c. Bike Commuter Facilities – when commercial projects make locker room(s)
with shower(s) available to employees;
d. Carsharing Spaces – when developers of large projects dedicate one or
more on-site parking spaces to a carsharing operator for carsharing by
residents and/or employees, with further reduction when on-site carsharing
is available to the public; and/or
e. Vanpool Spaces – when larger commercial projects reserve one or more
parking spaces for an established employer-run vanpool program.
7 4 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

12.5. Parking Design Standards FIGURE 12-1 | LINED STRUCTURED PARKING

A. Standards. Except where in conflict with the provisions of this chapter, parking facilities shall be Property Line Building Frontage Line
designed and built to the standards of SCCC § 18.74.040 through SCCC § 18.74.050. The following
standards also apply:
1. Driveways.
a. One-way driveways shall not exceed a width of 10 feet; two-way driveways shall not exceed a
width of 20 feet.
b. Curb cut flares shall collectively not exceed the width of the driveway by more than 20%.
c. All driveways shall be perpendicular to the street. Upper Story Liner

d. Driveways shall not affect the slope or direction of the sidewalk.

2. Structured parking Ground Story Liner Parking

Street
a. Where adjacent to any street, structured parking shall be behind a depth of at least 30 feet of
occupiable space on the ground floor, except as provided for in §12.4.A.2.c (below). The lining
Min Depth - 30'
shall be designed per the Standards in Figure 12-1.
b. Fully-subterranean garages may extend to all lot lines. Semi-subterranean garages may extend to
building faces, provided that the ground floor is not more than 4 feet above sidewalk grade. See FIGURE 12-2 | SUBTERRANEAN PARKING
Figure 12-2.
c. Parking structures may be unlined in specific locations. Figure 12-3 regulates "Allowable Garage Building Frontage
Property Line Line
Facade Street Exposure", which varies by street and by ground and upper levels.
d. Guidelines for efficient and effective parking structures include:
i. A 255 ft minimum length allows one bay to slope, rising 10 ft, with the opposite bay having a
level floor. The level floor improves visibility and allows for a street-facing facade to be level.
ii. A 122 ft minimum width provides for 2-bays with 2-way traffic and perpendicular parking.
iii. In the case of a garage in Block B adjacent to the existing office building: 6 levels of parking
would make the garage rooftop the same height as the adjacent 7-story office building,
potentially creating public rooftop space for both structures (with a connecting bridge).
iv. Glass-backed elevators and glass enclosed stairways enhance security.

Street
v. Ground floor commercial space in parking garages is encouraged.
vi. Garage rooftops can include vegetation and/or solar collectors.
3. Private garages:
a. Front-loaded garages are not permitted. On-site parking shall be accessed from alleys or from
drives where permitted per Section 5.3.C.
 7 5 | C hapt er 12: B ui l di ng Us e & Par ki ng

FIGURE 12-3 | ALLOWABLE GARAGE FACADE STREET EXPOSURE

LEGEND
All Stories: Parking garage may be exposed (unlined) on all stories of the facade
Upper Stories Only: Parking garage may be exposed (unlined) on upper stories of the facade only (not on the ground floor)
7 6 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

13 Site Standards & Guidelines

13.1. Introduction b. Noise and odor-generating equipment and containers should be located in
areas that will not create a nuisance to adjacent properties. Such bins should
A. Intent be covered when possible. Openings to a trash enclosure should be shielded
The following site standards and guidelines are intended to inform the design and from public rights of way.
location of elements of the site for the purpose of the health, safety, and general welfare C. Telecommunication Devices
of the immediate occupants of each building, and for the neighborhood.
1. Telecommunication devices (such as satellite dishes or other equipment)
B. Applicability should be screened from public view or located so as not to be visible from
The following standards apply to all new development, or whenever below-mentioned streets. Applicants are encouraged to work with satellite providers to locate
features are introduced to an existing development. Where any deviations are granted— satellite dishes out of view on building roofs and/or on rear yard or side yard
per Section 1.7—the obvious intent of each standard shall still be met. facing facades, especially along alleys, if adequate signal strength and quality
can be achieved. In multi-family and multi-tenant buildings, conduits should
13.2. Specific to Waste and Utility Placement be provided from such a location to each unit or designed into the building
A. Utility Access and Equipment structure.

1. Utility access and equipment such as back-flow preventers, transformer boxes, D. Wet Utilities
telecommunications pedestals, gas and electric meters, and other utilities shall 1. Wet utilities should typically be located in the street, but may be located in the
be placed either: within or adjacent to alleys and be accessed from the alley; in alley to address topographical, efficiency or other engineering reasons. If “wet”
underground vaults; or in utility rooms/closets within buildings—subject to the and “dry ” utilities are co-located in the alley, proper trench separation and
requirements and approval of the associated utility company. If such locations utility access must be ensured. On lots with no alley, all “wet” utilities should
are infeasible, these services shall be in inconspicuous locations along the be located in the street or public right-of-way. Utility meters and entrances
sides or rears of project sites and shall be thoroughly screened from public should also be provided below-grade in the street or sidewalk and should be
view. Such utility equipment shall not be located above grade in the street, flush with the surrounding grade.
sidewalk, sidewalk planters/planting strip, or within the front building setback
E. Service Entrances & Waste/Recycling Disposal Areas
area.
1. Service entrances, waste/recycling disposal areas, and other similar service
B. Mechanical Access & Equipment
areas should be located adjacent to the alley and take their access from it. On
1. All mechanical and electrical equipment – including, but not limited to, air- lots with no alley, these areas should be located as far away as possible from—
conditioning units, antennas, garage door motors – whether roof-mounted, and screened from views from—the public right of way.
ground-mounted or otherwise, shall be screened from public view or located so
2. Waste/recycling disposal shall not be staged on the street. Waste and recycling
as not to be visible from streets or open spaces. Such equipment and related
shall be retrieved via push/pull or interior to the building.
screening should be designed with materials and colors that conform to and
are an integral part of the design of the building.
a. Mechanical equipment that generates noise, smoke or odors, shall not be
located on or within 10 feet of a public right of way or any on-site common
open spaces.
 7 7 | C hapt er 13: Si t e St andards & Gui del i nes

FIGURE 13-1 | APPROPRIATE PLACEMENT FIGURE 13-2 | INAPPROPRIATE PLACEMENT

E xample of an E xample of
appropriately placed inappropriately
double standpipe placed ground-level
connection in the utilities in a parkway.
base of a building at

AVOID
the sidewalk .

E xample of E xample of
mechanical inappropriately placed
equipment well- utilit y boxes in a
screened by an parkway.
architectural element

AVOID
incorporated into
the building's
composition.

Wherever possible, E xample of

mechanical/utilities inappropriately placed
equipment should be check valves and
placed in alleys. In other utilit y devices
this example, they are in the front yard of a
AVOID

fur ther shielded by commercial building.

architectural elements
and a hedge.
7 8 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

13.3. Specific to Site Walls

A. Fence and Wall Heights C. General to Frontages
1. Fence and wall heights shall be measured from the grade directly below. In 1. Fence and wall posts within the front setback shall be limited to 3.5 feet in
cases where the grade differs on either side of the fence or wall, the lower height.
measuring point shall be the average between the grades of the sides. Fences 2. Retaining walls may not have more than 3 feet of difference between the grade
and walls (including retaining walls) must be set back at least 24 inches from on either side. Fences or walls up to 3.5 feet in height may be erected above
the sidewalk. retaining walls provided that:
a. Any fence or wall more than 3.5 feet as measured from the sidewalk is at
B. Entrance Arbors least 50% open.
1. Entrance arbors up to 9 feet in height and 5 feet in width may be permitted. b. At no point does the fence intrude into the line of visibility between the
landing of the entrance(s) of the primary building(s) and the sidewalk. This
shall be measured from point that are 5 feet above said landing(s) and 5 feet
above the sidewalk.

Landscaped
retaining wall
and fence. Entrance arbor.
 7 9 | C hapt er 13: Si t e St andards & Gui del i nes

D. Specific to Corner Lots E. Specific to Interior Side Yards and Rear Yards
1. On corner lots, fences and walls may reach 6 feet in height to enclose 1. Fences and walls may reach 6 feet in height and flush with the facade
the private rear yard from the side street, but must be set back at of the primary building. Interior side and rear fences and walls may
least as far back as the building face of the primary building. Fences reach 8 feet in height, provided that any portion of the fence or wall
and walls may reach 8 feet in height, provided that any portion of the that is more than 6 feet in height is at least 50% open.
fence or wall that is more than 6 feet in height is at least 50% open. 2. Any rear fence or wall along any alley shall be so constructed as to
provide a space in the rear yard that is sufficient in length, depth,
and height to house trash bins off of the alley. If another area within
the rear yard meets this requirement, it shall not be necessary to
incorporate such a space for trash bins into the fence or wall.
3. Gates and doors on rear fences shall not open outward towards the
alley but shall be designed to open inward to the property.

Landscaped Cafe rear yard

fencing set back with a wood
from sidewalk fence.
8 0 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

13.4. Specific to Lighting

A. General to All Lighting
1. Site lighting shall be shielded by permanent attachments to the light fixture or 5. Specific to alleys, paseos, and other
frosted so that light sources are not visible from a public way and to prevent connections into or through the block:
off-site glare and upward light pollution. the illuminance measured at the ground
2. Wall-pack types of lighting are not recommended; where used, they shall be surface shall have an average between .2
provided with full cutoff shields and shall contribute to the architecture of the and .6 footcandles and shall not exceed 1
building. footcandle at any point.

3. Specific to residential ground floors: site and building-mounted luminaires 6. Street lights should replicate the historic
should produce initial illuminance value no greater than 0.04 horizontal and lampposts from the 1920s–1940s.
vertical footcandles, and shall be shielded downward.
4. Specific to nonresidential ground floors: site and building-mounted luminaires
should produce a maximum initial illuminance value no greater than 0.1
horizontal and vertical footcandles at the boundary with adjoining residential
lots, and no greater than 0.01 horizontal footcandles 10 feet beyond that
boundary.

Shielded and/or frosted lighting avoids off-site glare and light pollution. On-site light sources should be shielded from the Historic lamppost design at the
public ROW. corner of Franklin St and The
Alameda.
 8 1 | C hapt er 13: Si t e St andards & Gui del i nes

13.5. On-Site Open Space

A. Introduction C. Forecourt
On-site open space is private or shared outdoor space that exists for the enjoyment 1. Description. A forecourt is a court that abuts the public sidewalk. Where
and use of building tenants, and sometimes the public. It can also provide comfortable forecourts give access to retail and other public uses, they function as an
paths through which pedestrian access is provided from the street to any buildings (or extension of the public realm. Where forecourts grant access to residential or
portions of buildings) that lack direct street frontage. This Section identifies a series other private uses, they function as transitional spaces between the public and
of open space types and design characteristics of each type. private realms.
2. Standards. Forecourts are only permitted if they serve a specific function, such
B. Court
as providing gathering space outside a common building entry or providing
1. Description. A court is an open space surrounded by one or more buildings, for outdoor dining space in front of restaurant shopfronts. At least one building
use by residents or tenants, or for activation as a public plaza or outdoor dining entry shall be provided from a forecourt into the adjacent building(s).
area. It can provide visitor access from the street to dwellings, retail, office
3. Guidelines. Forecourts should be a minimum of 15’ x 15’ in size in order to
spaces, or buildings within the lot that lack direct access from the street.
serve as a usable outdoor room.
2. Guidelines. A court’s perimeter should be coherent and well-defined by
4. Build-Out Requirements. A forecourt is a permitted exception to the build-out
walls on at least three sides. Courts should include a minimum of one shared
requirement for a lot. See Section 5.3.A.
amenity, such as a seating area, fountain, BBQ island, or outdoor fireplace.

A cour t may provide access to private residences or amenit y spaces. Forecour ts help transition from the public to private realm.
8 2 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

D. Side Yard E. Rear Yard

1. Description. A side yard is an open space along one side of a building. It can 1. Description. A rear yard is a private, landscaped open space located behind a
serve as a semi-private space through which visitor access is provided to one building. It is for the use of the residents or users of one or more dwellings.
or more buildings or dwellings, or it can be a private space for the exclusive 2. Guidelines. For buildings with two or more units, a rear yard may be divided
use of the residents of one or more dwellings. into separated private yards, provided each private yard is directly adjacent to
2. Guidelines. Side yards should be defined by buildings on a minimum of two the dwelling unit.
sides. Side yards should not exceed twenty-five feet in width where adjacent to
streets or public open spaces.
3. Build-Out Requirements. An entry to a side yard is a permitted exception to
the build-out requirement for a lot. See Section 5.3.A.

Single- and multi- Rear yards can

family residences contain amenities
separated by side for multi-family
yards. buildings.
 8 3 | C hapt er 13: Si t e St andards & Gui del i nes

F. Passage G. Roof Deck/Terrace

1. Description. Passages provide a pedestrian connection between or through 1. Description. A roof deck or terrace is an outdoor gathering space that may be
buildings, from the street to a court, building entrance, or rear parking lot. assigned to individual units or shared by all residents or tenants of a building.
Passages may be covered or uncovered. They may be gated or completely open 2. Standards
to the street. Passages which provide public access through a block are known
a. Publicly accessible roof tops should be visible from the public right of way.
as paseos.
3. Guidelines.
2. Standards. Passages shall be a minimum of 12 feet in width.
a. Roof decks and terraces should include a minimum of one amenity and
a. Exception. Portions of passages no longer than 20' may be less than 12 feet
design element, such as a trellis, seating area, fountain, landscaping, or
wide but no narrower than 6 feet wide.
outdoor fireplace to encourage their use as an outdoor gathering place.
3. Build-Out Requirements. An entry to a passage is a permitted exception to the
b. Roof decks and terraces should not provide views toward single family
build-out requirement for a lot. See Section 5.3.A.
residences. They should be oriented toward public rights-of-way or other
shared open spaces.

A passage may A roof deck/

provide access terrace used as
to residential a dining area for
units. restaurants.
 Shall be submitted to the Cultural Commission for a recommendation.
8 4 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

13.6. Elevating a Place with Art

A. Introduction. Good infrastructure, lighting, and spatial dimensions make the built f. decorative and/or utilitarian crafts—including those in clay, fiber, wood,
environment work properly. However, the creative details that we add are what metal, glass, stained glass, and other materials; and/or
bring our towns and cities to life. We can use beauty to say something about who g. artistically designed elements which can also serve a functional purpose,
we are, where we came from, and who we wish to be. Works of art do not need such as a bench or bike rack, that have been specifically and originally
to be grand monuments or sculptures. Everyday items can help tell the story designed as a unique artistic element for the project and are not a mass
of Santa Clara's culture and history—even an elegant light fixture or sculpted production or replication.
door knob. The intent of this Section is to provide ideas and encourage the
3. Art which meets this requirement may not include the following:
incorporation of art, in big and small ways, into the private realm of Downtown's
buildings, facades, entrances, and setback areas. In this way, Santa Clara can a. directional elements such as supergraphics, signage, or color coding
both reflect and inspire the people who live here. except where these elements are integral parts of the original work of art or
executed by artists in unique or limited editions;
B. Standard. All projects shall provide at least one piece of art—including
artistically-executed functional elements—every 50 feet along its street frontage. b. objects which are mass produced of standard design such as banners, signs,
Such elements serve as "gifts to the street" from private development. Qualifying playground equipment, benches, statuary, street barriers, sidewalk barriers,
pieces of art are subject to the following standards: or fountains;

1. Art which meets this requirement shall: c. reproduction, by mechanical or other means, of original works of art—unless
they are limited editions controlled by the artist(s) of original works;
a. be located within 10 feet of the front property line or within a publicly
accessible on-site open space; d. landscape architecture, gardening, or materials, except where these elements
are designed by the artist and are integral or part of the work of art created
b. be visible or accessible to the public for a minimum of 40 hours per week;
by the artist;
c. be permanent or semi-permanent in nature, designed to last at least 5 years;
e. landscaping required by the City as part of development entitlements; or
and
f. artwork that is similar to, reminiscent of, or based on a corporate logo.
d. go above and beyond the base requirements of the other Sections of this
Code to contribute to the unique quality of Downtown Santa Clara’s public C. Examples. The following images serve as examples of art.
realm through artistic expression.
2. Art which meets this requirement may include—but is not limited to—the Murals
following:
Murals can turn any vertical surface into an opportunity to bring beauty and share
a. painting—including permanently affixed works such as murals or frescoes; stories or local history.
b. reliefs—including carvings, frescoes, mosaics, and earth works;
c. sculpture—including statues, fountains, mobiles and monuments;
d. ornamental or commemorative structures;
e. mixed or conceptual media in any combination of forms or media—including
drawings, collages, or the use of sound, light, or water. Water, neon, fiber
optic and electronic sculptures are not encouraged due to difficulty of
maintenance, though such art may be permitted if adequate assurance of
continued maintenance is provided; Santa Clara, CA San Jose, CA
 8 5 | C hapt er 13: Si t e St andards & Gui del i nes

Sidewalk Plaques Urban Furniture Courtyard and Entryway Art

Sidewalk plaques can be a playful way of Urban furniture that goes above and On-site works of art, from a beautifully designed building entry to a fountain installed
telling the history of a specific spot on beyond its function requirements can in a semi-private courtyard, are a wonderful gifts to the city and its residents. They
a map while adding surprise and delight. serve as art. create an artistic interface between the architecture and the public realm.

Bike rack
A sculptural fountain in a cour t which can
be accessed or viewed by the public.

Outdoor seating

A reminder for people to look up An sculptural and play ful entr y sign which
isn' t just the business logo.

Trash bin

A whole section of sidewalk can becomes

Entries which incorporate sculptural
a commemoration plaque
reliefs and murals
8 6 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

14 Glossary
This section provides definitions for terms found herein Building Base: The visually unified horizontal portion of Civic Building: A private or public structure of civic
that are technical in nature or that otherwise may not a building that begins on the ground and extends one or importance that is noncommercial in nature. This includes
reflect a common usage of the term. Terms which are not more floors, typically ending at an architectural feature but is not limited to: schools, places of assembly, libraries,
defined in this section shall default to the those found in like a cornice or string course. The building base appears museums, city hall, or any other building type that has
the Definitions section of the Santa Clara Zoning Code. to be holding up the upper floors. historically been prominently featured in traditional cities
and towns as a center of public life. Civic buildings do not
Alley: A narrow service street which provides secondary Building Improvements: Building improvements include include retail (with the exception being a notable food
access (and often utilities access) to all lots within a block. work that is typical of regular maintenance and upkeep. hall or market structure featuring many tenants) or mixed-
Driveways, parking aisles, and fire lanes are not alleys. This may include changes to the exterior, but is limited use buildings, residential buildings, day care facilities,
to work that does not alter the general character privately-owned office buildings, or municipal yards.
Arbor (entrance arbor): A wooden structure that is
intended to define an entrance into an on-site outdoor Building Length: The length of the building as measured Court: A court is an open space surrounded by one or
space, such as a front yard or parking lot. parallel to the front property line. more buildings, for use by residents or tenants, or for
activation as a public plaza or outdoor dining area. It can
Arcade. An extension of upper floors over a sidewalk, Build-To Range, Front Street: A range of distances from provide visitor access from the street to dwellings, retail,
supported by vertical supports. Arcades provide shade, the property line along a street or open space. A building's office spaces, or buildings within the lot that lack direct
glare control, and weather protection. primary facade shall be built within this range and shall access from the street.
extend along the street or open space as required by the
Bay: A stacked (vertically organized) grouping of facade facade buildout percentage. Director: The Director of Community Development, or
elements, such as openings and windows. designee.
Chamfered corner: A bevel where two perpendicular
Bay Window: A window, or window ensemble, that building faces meet, resulting in a third face at a Dormer Window: An individual roofed window that
projects from any building elevation. 45-degree angle. protrudes out of a sloped roof.

Block: A aggregation of lots which are bound on all sides Drive Aisle: A vehicular lane within a parking lot that
by public rights of way (whether streets or open spaces). provides access to the individual parking spaces.
Block dimensions are measured along private property
lines. Driveway: A vehicular lane within a lot that leads to on-
site parking.

Encroachment: Any structure extending into a required

setback area.
 8 7 | C hapt er 14: Gl o s s ar y

Facade Buildout: The required length of the primary Lot: A portion of land delineated from others to host an Pier. Vertical structural elements which, when dividing
facade (located within the Front Street Build-To Range) allowed development. For the purpose of this code, lot is shopfronts, often define bays or Massing Increments.
divided by the total buildable length along a street or synonymous with “property ” or “design site.”
open space, expressed as a percentage. Primary Access: The principal or most-important means
Lot Line: A front, side or rear of a lot. For the purpose of approaching and entering a building or property.
Fenestration: Transparent glass openings in a building of this code, lot line is synonymous with property line.
face. Primary Building: A building situated towards the
Massing Increments: A complete facade composition adjacent street or public open space that accommodates
Fire Lane: An on-site right of way required by the Fire that is visually distinguished from an adjacent facade the primary use of the site. This is distinguished from an
Marshal for the access of emergency vehicles. composition of the same building. Each increment has a outbuilding, which is ancillary in use and form, and sits
coherent look and character from the ground to the top near the rear of the site.
Forecourt: A court that abuts the public sidewalk. Where of the facade. Sometimes, Massing Increments appear as
forecourts give access to retail and other public uses, multiple parts of a single building, while in other cases, Primary Entrances: Typically refers to front doors, and
they function as an extension of the public realm. Where they appear as distinct buildings altogether. may include direct access into a ground floor residential
forecourts grant access to residential or other private unit, into nonresidential space, into a common lobby, or
uses, they function as transitional spaces between the Non-Formula Retail and Restaurant Establishments. into a zaguan that leads to a court.
public and private realms. If there are fewer than 12 worldwide locations, including
the proposed location, and if the business has less than Primary Facade. The portion of the facade located within
Frontage, Private: The ground floor building facade and two standardized features, then the proposed use is Non- the Front Street Build-To Range along a street and/or
the area between the building facade and any property Formula. open space.
line along a street or public open space.
Outbuilding: A rear building on the same property but Privacy Windows: Windows which are either opaque and
Frontage, Public: The space between any street-adjacent separate from, and smaller in scale than the building unopenable or which begin at least 6 feet from the floor.
property line and the first travel lane in the roadway. which contains the primary use of the site.
Public Realm: All streets, sidewalks, parks, plazas, and
Gallery: A ground-floor colonnade that supports a shed Paseo: A pedestrian path that provides a connection from other open spaces that comprise the shared space of a city
roof or deck that covers the sidewalk, intended to provide one right of way or public open space to another. They for its visitors, employees and residents. It is the space
shade, glare control, and weather protection. may be privately maintained or dedicated to the City. between buildings where civic interaction occurs and is
defined in contrast to private property. The public realm
Ground Floor: The floor of a building located nearest to Passage: An on-site pedestrian path. is publicly-accessible, regardless of whether particular
the level of the existing grade around the building. parts of it are publicly or privately owned and maintained.
Pergola: A wooden structure that is intended to either
Half-Story: The uppermost story of a building in which provide a small area of shade or define an entrance into an Rosewalk: A wide paseo with residential frontages on
the sloping roof forms the walls. These are often lighted by on-site outdoor space, such as a front yard or parking lot. either side.
dormer windows and include knee walls under roof slopes.
8 8 | Cit y o f S a n t a C la r a Down town F or m- B ase Cod e

Rowhouse Building. A building containing an array of Through lot: A lot which extends from one street frontage
side-by side units. to another, across the entire span of the block.

Shopfront: A ground-floor frontage assembly that Trellis: A frame of latticework used as a screen or as a
includes an arrangement of large transparent windows support for climbing plants.
and a conspicuous entrance that leads directly into the
unit. Shopfronts are spatially defined on either side by
structural vertical elements called piers.

Side, Lot Line: Any property line that is shared with a

neighboring property when there is no public open space
between the two.

Sideyard: The portion of a parcel extending from the front

of the property to the rear of the property, between the
side property line of the parcel and the closest side of
the principal building.

Story height: The vertical distance from floor to ceiling.

For the topmost story, it is measured from the top of the
floor finish to the bottom of the ceiling joists or, where
there is not a ceiling, to the bottom of the roof rafters.

Street: A right of way that is defined in Section 2.9.

Paseos, driveways, parking aisles, fire lanes, and alleys
are not streets.

Street, Front: The side of the lot that is adjacent to a

street. A property may have multiple fronts.

Street, Side: (Applicable only to corner lots). The side of

the lot that is adjacent to a street or public open space
that is not considered the front (see Street, Front).
 Article 3 – Site Planning and General Development Standards
July 2025
Title 18 – Zoning Code
TABLE OF CONTENTS

Chapter 18.30 – Site Planning and General Development Standards ----------------- 1

18.30.010 – Purpose and Applicability ------------------------------------------------------------------------------------- 1
18.30.020 – Permitted Projections into Required Setback Areas ---------------------------------------------------- 1
18.30.030 – Visibility Clearance Areas ------------------------------------------------------------------------------------- 2
18.30.040 – Height Measurement and Exceptions ---------------------------------------------------------------------- 3
18.30.050 – Setbacks – Measurement and Requirements ------------------------------------------------------------ 4
18.30.060 – Solid Waste and Recycling Enclosures and Storage Areas ------------------------------------------ 7
18.30.070 – Basements -------------------------------------------------------------------------------------------------------- 8

Chapter 18.32 – Residential Accessory Structures-----------------------------------------11

18.32.010 – Purpose and Applicability ------------------------------------------------------------------------------------ 11
18.32.020 – Permit Requirements ------------------------------------------------------------------------------------------ 11
18.32.030 – Development Standards -------------------------------------------------------------------------------------- 12

Chapter 18.34 – Fences, Walls, Hedges, and Screens-------------------------------------13

18.34.010 – Purpose and Applicability ------------------------------------------------------------------------------------ 13
18.34.020 – Permit Requirements and Exemptions-------------------------------------------------------------------- 13
18.34.030 – Measurement of Fence, Wall, Hedge, and Screen ---------------------------------------------------- 13
18.34.040 – Maximum Heights ---------------------------------------------------------------------------------------------- 14
18.34.050 – Additional Requirements by Land Use Type ------------------------------------------------------------ 15
18.34.060 – Materials and Maintenance ---------------------------------------------------------------------------------- 18

Chapter 18.36 – Landscaping Standards-------------------------------------------------------21

18.36.010 – Purpose ----------------------------------------------------------------------------------------------------------- 21
18.36.020 – Applicability ------------------------------------------------------------------------------------------------------ 21
18.36.030 – Landscape and Irrigation Plans ----------------------------------------------------------------------------- 21
18.36.040 – Landscape and Irrigation Plan Review Process -------------------------------------------------------- 22
18.36.050 – General Landscape Standards ----------------------------------------------------------------------------- 22
18.36.060 – Special Landscape Requirements ------------------------------------------------------------------------- 23
18.36.070 – Additional Requirements for Residential Zones -------------------------------------------------------- 26
18.36.080 – Removal and Replacement of Required Landscaping ------------------------------------------------ 26
18.36.090 – RESERVED SECTION --------------------------------------------------------------------------------------- 26
18.36.100 – Water-Efficient Landscaping -------------------------------------------------------------------------------- 26

Chapter 18.38 – Off-Street Parking Regulations and Design Standards ------------27

18.38.010 – Purpose and Applicability ------------------------------------------------------------------------------------ 27
18.38.020 – Permit Requirements and Exemptions-------------------------------------------------------------------- 28
18.38.030 – Off-Street Vehicle Parking Requirements ---------------------------------------------------------------- 28
18.38.040 – Exceptions and Reductions to Parking Requirements ------------------------------------------------ 33
18.38.050 – Bicycle Parking Requirements ------------------------------------------------------------------------------ 35
18.38.060 – General Parking Standards ---------------------------------------------------------------------------------- 39
18.38.070 – Off-Street Loading --------------------------------------------------------------------------------------------- 46

Santa Clara Zoning Code, Title 18 July 2025 3-i

Table of Contents Article 3 – Site Planning and General Development Standards

18.38.080 – Maintenance ----------------------------------------------------------------------------------------------------- 48

18.38.090 – Valet Parking ---------------------------------------------------------------------------------------------------- 48
18.38.100 – Recreational Vehicle Parking in Residential Zones ---------------------------------------------------- 48
18.38.110 – Off-Site Designated Parking: Alternate Parking Location -------------------------------------------- 49

Chapter 18.40 – Performance Standards -------------------------------------------------------53

18.40.010 – Purpose and Applicability ------------------------------------------------------------------------------------ 53
18.40.020 – Compliance ------------------------------------------------------------------------------------------------------ 53
18.40.030 – Air Emissions ---------------------------------------------------------------------------------------------------- 53
18.40.040 – Dust---------------------------------------------------------------------------------------------------------------- 53
18.40.050 – Hazardous Materials ------------------------------------------------------------------------------------------ 53
18.40.060 – Noise and Vibration -------------------------------------------------------------------------------------------- 54
18.40.070 – Odor --------------------------------------------------------------------------------------------------------------- 54
18.40.080 – Outdoor Lighting ------------------------------------------------------------------------------------------------ 54
18.40.090 – Heat, Electrical Disturbance, and Glare ------------------------------------------------------------------ 56
18.40.100 – Wastewater ------------------------------------------------------------------------------------------------------ 56

Chapter 18.42 – Sign Standards -------------------------------------------------------------------57

18.42.010 – Purpose and Applicability ------------------------------------------------------------------------------------ 57
18.42.020 – Effect of Chapter ----------------------------------------------------------------------------------------------- 58
18.42.030 – Definitions -------------------------------------------------------------------------------------------------------- 58
18.42.040 – Sign Permit Required ----------------------------------------------------------------------------------------- 61
18.42.050 – Comprehensive Sign Program ------------------------------------------------------------------------------ 61
18.42.060 – Application and Review of Sign Permits ------------------------------------------------------------------ 62
18.42.070 – Exempt Signs --------------------------------------------------------------------------------------------------- 62
18.42.080 – Prohibited Signs ------------------------------------------------------------------------------------------------ 63
18.42.090 – Billboards --------------------------------------------------------------------------------------------------------- 64
18.42.100 – Temporary Signs ----------------------------------------------------------------------------------------------- 65
18.42.110 – Standards for Signs Requiring a Sign Permit ----------------------------------------------------------- 67
18.42.120 – Standards for Specific Sign Types ------------------------------------------------------------------------- 72
18.42.130 – Iconic Signs ------------------------------------------------------------------------------------------------------ 85
18.42.140 – Electronic Digital Display Message Signs ---------------------------------------------------------------- 86
18.42.150 – Signs in Residential Zones ---------------------------------------------------------------------------------- 88
18.42.160 – Signs in Commercial and Mixed-Use Zones ------------------------------------------------------------ 90
18.42.170 – Signs in Office and Industrial Zones ----------------------------------------------------------------------- 92
18.42.180 – Sign Construction and Maintenance----------------------------------------------------------------------- 94
18.42.190 – Removal of Unlawful, Unsafe, and Unauthorized Signs ---------------------------------------------- 94
18.42.200 – Nonconforming Signs ----------------------------------------------------------------------------------------- 94
18.42.210 – Revocation of Sign Permits ---------------------------------------------------------------------------------- 95

TABLES
Table 3-1 Maximum Height of Fences, Walls, Hedges, and Screens in Setback Areas -------------------- 3-14
Table 3-2 Patrick Henry Parking Requirements ----------------------------------------------------------------------- 3-29
Table 3-3 Off-Street Parking Requirements---------------------------------------------------------------------------- 3-31
Table 3-4 Bicycle Parking Requirements ------------------------------------------------------------------------------- 3-38
Table 3-4 Bicycle Parking Requirements ------------------------------------------------------------------------------- 3-39
Table 3-5 Parking Space and Drive Aisle Dimensions -------------------------------------------------------------- 3-40
Table 3-7 Motorcycle Parking Requirements ------------------------------------------------------------------------- 3-45
Table 3-8 Signs Allowed in Residential Zone -------------------------------------------------------------------------- 3-69

3-ii July 2025 Santa Clara Zoning Code, Title 18

Article 3 – Site Planning and General Development Standards Table of Contents

Table 3-9 Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones -------------------------- 3-70
Table 3-10 Residential Zones Allowed Sign Types and Permit Requirements -------------------------------- 3-89
Table 3-11 Commercial and Mixed-Use Zone Allowed Sign Types and Permit Requirements ----------- 3-91
Table 3-12 Office and Industrial Zones Allowed Sign Types and Permit Requirements -------------------- 3-93

FIGURES
Figure 3-1 Visibility Clearance Area --------------------------------------------------------------------------------------- 3-2
Figure 3-2 Height Measurement -------------------------------------------------------------------------------------------- 3-3
Figure 3-3 Setback Measurements ---------------------------------------------------------------------------------------- 3-4
Figure 3-4 Allowable Fence Height -------------------------------------------------------------------------------------- 3-14
Figure 3-5 Retaining Wall Height Measurement ---------------------------------------------------------------------- 3-15
Figure 3-6 Fence Height Exception – Abutting Corner Parcel ----------------------------------------------------- 3-17
Figure 3-7 Parking Lot Tree Requirement ------------------------------------------------------------------------------ 3-25
Figure 3-8 Parking Lot Landscaping ------------------------------------------------------------------------------------- 3-25
Figure 3-9 Parking Lot Planter Design ---------------------------------------------------------------------------------- 3-25
Figure 3-10 Class I Bicycle Parking -------------------------------------------------------------------------------------- 3-36
Figure 3-11 Class II Bicycle Parking ------------------------------------------------------------------------------------- 3-37
Figure 3-12 Parking Space and Drive Aisle Dimensions ----------------------------------------------------------- 3-41
Figure 3-13 Motorcycle Parking Configuration ------------------------------------------------------------------------ 3-45
Figure 3-14 Delivery Loading Areas ------------------------------------------------------------------------------------- 3-47
Figure 3-15 Shielding and Maximum Height of Freestanding Outdoor Light Fixtures ----------------------- 3-55
Figure 3-16 Sign Area Measurement ------------------------------------------------------------------------------------ 3-68
Figure 3-17 Awning and Canopy Sign ----------------------------------------------------------------------------------- 3-73
Figure 3-18 Subdivision Entry Sign -------------------------------------------------------------------------------------- 3-74
Figure 3-19 Directional Sign ----------------------------------------------------------------------------------------------- 3-75
Figure 3-20 Directory Sign ------------------------------------------------------------------------------------------------- 3-76
Figure 3-21 Freestanding and Monument Signs ---------------------------------------------------------------------- 3-77
Figure 3-22 Freeway- and Expressway-Oriented Sign -------------------------------------------------------------- 3-78
Figure 3-23 Luminous Tube Sign ----------------------------------------------------------------------------------------- 3-79
Figure 3-24 Painted Sign --------------------------------------------------------------------------------------------------- 3-80
Figure 3-25 Menu Board Sign --------------------------------------------------------------------------------------------- 3-80
Figure 3-26 Freestanding Drive-thru Menu Board Sign ------------------------------------------------------------- 3-81
Figure 3-27 Service Station Gas Price Sign --------------------------------------------------------------------------- 3-82
Figure 3-28 Projecting Sign ------------------------------------------------------------------------------------------------ 3-83
Figure 3-29 Wall Sign ------------------------------------------------------------------------------------------------------- 3-84
Figure 3-30 Window Sign --------------------------------------------------------------------------------------------------- 3-85

Santa Clara Zoning Code, Title 18 July 2025 3-iii

Table of Contents Article 3 – Site Planning and General Development Standards

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3-iv July 2025 Santa Clara Zoning Code, Title 18

Article 3 – Site Planning and General Development Standards Chapter 18.30

Chapter 18.30 – Site Planning and General Development Standards

Sections
18.30.010 – Purpose and Applicability
18.30.020 – Permitted Projections into Required Setback Areas
18.30.030 – Visibility Clearance Areas
18.30.040 – Height Measurement and Exceptions
18.30.050 – Setbacks – Measurement and Requirements
18.30.060 – Solid Waste and Recycling Enclosures and Storage Areas
18.30.070 – Basements

18.30.010 – Purpose and Applicability

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

B. Applicability

1. The standards in this Chapter apply to all zones.

2. These standards shall be considered in combination with the standards for each zone in Article
2 (Zones, Allowable Uses, and Development Standards), and Article 4 (Regulations for Specific
Land Uses and Activities). Where there may be a conflict, the standards specific to the zone or
specific land use shall override the general standards in this Chapter.
3. All structures, additions to structures, and uses shall conform to the standards of this Chapter
as determined applicable by the Director.

18.30.020 – Permitted Projections into Required Setback Areas

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

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

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

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

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Chapter 18.30 Site Planning and General Development Standards

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

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

18.30.030 – Visibility Clearance Areas

No fence, wall, hedge or shrubbery higher than three feet above the top of the grade shall be installed or
maintained within the visibility clearance areas, at public roadway intersections and private driveways. The
dimensions of these sight distance triangles, and any exceptions, shall be determined by the Director of
Public Works. See Figure 3-1 (Visibility Clearance Area).
Figure 3-1
Visibility Clearance Area

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Article 3 – Site Planning and General Development Standards Chapter 18.30

18.30.040 – Height Measurement and Exceptions

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

B. Height Measurement. 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. See Figure 3-2 (Height Measurement).

Figure 3-2
Height Measurement

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

1. Antennas
2. Chimneys
3. Cupolas
4. Elevators
5. Flag poles, sculptures, and radio towers, provided that they are compatible with surrounding
structures.
6. Other mechanical appurtenances usually required to be placed above the roof level and not
intended for human occupancy or to be used for any commercial or advertising purpose.
7. Spires
8. Ventilators
9. Water Tanks

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Chapter 18.30 Site Planning and General Development Standards

18.30.050 – Setbacks – Measurement and Requirements

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

B. Setback Requirements.

1. General Setback Requirements.

a. Required Setback Area. Except as otherwise specified in this Zoning Code, required
setback areas shall be kept free of buildings and structures.
b. Exclusivity of Required Setback Area. No setback or other open space provided
around any structure for the purpose of complying with this Zoning Code shall be
considered as providing a setback or open space for any other structure.
2. Setback Measurement. Setbacks shall be measured from parcel lines as detailed below in
Figure 3-3 (Setback Measurements). Parcel lines are not necessarily located at the back of the
adjoining sidewalk. There shall be, at a minimum, one front parcel line and one rear parcel line.
The rear parcel line shall be the line parallel, or most nearly parallel, to the front parcel line and
of a width of at least 40 feet. If more than one such parcel line exists, the Director shall make
the final determination as to the rear parcel line of the parcel. Except as permitted in Subsection
18.30.020 (Permitted Projections into Required Setback Areas), or as otherwise specified in this
Zoning Code for specific types of structures (e.g., accessory structures, signs) structures shall
not extend beyond required setback lines
Figure 3-3
Setback Measurements

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Article 3 – Site Planning and General Development Standards Chapter 18.30

a. Front Yard Setback Area Measurement.

(1) Non-Corner, Regular Parcels. For any parcel other than a corner parcel
or an irregular parcel, the front setback area means the area which
extends across the full width of the parcel and from the front parcel line
along the street to a line defined by the front setback dimension.
(2) Corner Parcels. For a corner parcel, the front setback area means the
area which extends across the full width of the parcel and from the
narrower parcel line along a public street to a parallel line defined by the
front setback line.
(3) Irregular Parcel. For flag parcels and irregularly shaped parcels, the front
parcel line is determined to be the narrowest portion of the parcel adjoining
a public right-of-way.
(4) Front setback average. Notwithstanding the foregoing, in the R1-6L, R1-
8L, and R2 zones (Residential Development Standards, Section
18.10.030), if four or more parcels in a block have been legally improved
with structures, the minimum required front yard for main structures shall
be the average of the front yards of the improved parcels along a block
face if less than the current front yard requirements. Front setback
measurement shall be from the front parcel line to the front wall of the
residence and shall not be measured to a porch or any other projection.
b. Rear Setback Area Measurement.
(1) For an interior parcel, the rear setback area means the area which extends
across the full width of the parcel and from the rear parcel line to a parallel
line defined by the rear yard setback dimension.
(2) For a corner parcel, the rear setback area means the area which extends
across the full width of the parcel and from the parcel line opposite the
narrower parcel line along a public street to a parallel line defined by the
rear setback line.
(3) When computing the depth of a rear setback, for any structure where such
setback opens onto an alley, one-half of such alley may be assumed to be
a portion of the rear setback.
c. Side Setback Area Measurement.
(1) For an interior parcel, the side setback means that area which extends
from a side parcel line to a parallel line defined by the interior side setback
between the front setback area and the rear setback area.
(2) On any parcel of land having an average width of less than 50 feet, which
parcel was of record or is shown as a parcel on any subdivision map on
file in the office of the Santa Clara County Recorder on January 11, 1955,
and where no adjoining land is in the same or common ownership with the
parcel, the width of each interior side setback may be reduced to 10
percent of the width of the parcel, but in no case to less than three feet.
(3) For a corner parcel, the interior side setback area is the area which
extends from the interior side parcel line to a parallel line defined by the
side setback distance, between the rear property line and the front setback
area.

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Chapter 18.30 Site Planning and General Development Standards

(4) For a corner parcel, the corner side setback area is that area which
extends from the corner side parcel line to a parallel line defined by the
side setback distance, between the rear property line and the front setback
area.
d. Vertical clearance. Except as otherwise provided in this Title, every part of a required
yard shall be open from its lowest point to the sky unobstructed. Structure overhangs,
bay windows, and other elements may intrude as permitted, in compliance to Table 2-
6 (Residential Setback Encroachments)).
e. Official Plan Lines. Whenever an official plan line has been established for any public
street, required yards shall be measured from the plan line, and in no case shall the
provisions of this Title be construed as permitting any encroachment upon any official
plan line.

C. Permitted Uses

1. Front Setback. Except as otherwise permitted, a front setback shall be used only for
landscaping, pedestrian walkways, driveways, or off-street parking.
2. Rear and Side Setbacks. Except as otherwise permitted, rear and side setbacks shall be used
only for landscaping, pedestrian walkways, driveways, recreational activities or facilities, or
similar accessory activities.

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

1. The following acts are prohibited in the areas specified in subsection (2) of this section:
a. Household or Construction Property; Wrecked, Disabled, or Inoperative Vehicles. Any
household appliance, other household equipment, machinery, or furniture; or of any
motor vehicle that is not displaying current registration or is registered with the
Department of Motor Vehicles as Non-Operational, or is wrecked, dismantled, or
inoperable, or missing any part thereof; or of any construction equipment, machinery,
or materials. Construction equipment, machinery, or materials temporarily kept within
such area for and during the improvement of the lot within which such area is situated,
or the construction or installation of improvements of facilities therein, are exempt from
this prohibition;
b. Portable, temporary, or inflatable swimming pools left unattended;
c. Outdoor sporting or game equipment: including but not limited to ping pong/beer pong
tables, cornhole, horseshoes, or volleyball nets, etc. that are unattended, abandoned,
or that create a hazard.
d. Shipping containers of any size.
2. The following are the front yard and side yard areas within which the acts above specified in
subsection (1) are prohibited.
a. The front building setback area, the street side yard area, and all other open areas that
are visible from the public right-of-way of any interior or corner lot that is situated within
any residential district established by or pursuant to the provisions of this title. The
items specified in subsection (1) of this section shall only be permitted within entirely

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

18.30.060 – Solid Waste and Recycling Enclosures and Storage Areas

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

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

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

1. Solid waste and recyclable material storage shall be adjacent/combined with one another.
2. Exterior Storage areas shall not be located in a required:
a. Front yard;
b. Street side yard;
c. Parking space; or
d. Landscaped or open space area.
3. Storage area(s) shall be accessible to residents and employees at all times. Storage areas in
multifamily residential developments must be located within 250 feet of an access doorway to
the dwellings they are intended to serve.
4. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and
provide at least the minimum clearance required by the collection methods and vehicles utilized
by the designated collector.
5. Storage areas shall not be located closer than 20 feet from doors or operable windows of
adjacent structures.

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

1. Be properly secured to prevent access by unauthorized persons, while allowing authorized

persons access for disposal of materials.
2. Provide a concrete pad within the fenced or walled area(s) and a concrete apron that facilitates
the handling of the individual bins or containers.
3. Be accessible to persons with disabilities in compliance with the Americans with Disabilities Act
(ADA).
4. Protect the areas and the individual bins or containers provided within from adverse
environmental conditions that might render the collected materials unmarketable.

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18.30.070 – Basements

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

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

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

1. Basement area is not deemed to be habitable (i.e., crawlspace); or

2. Basement area is deemed habitable space, but the finished level of the first floor is no more
than three feet above the grade around the perimeter of the structure foundation. Grade is
measured at the lowest point of an adjacent ground elevation prior to grading, filling, or finished
grade, whichever is lower.

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

1. Lightwells, stairwells, and similar excavated features along the perimeter of the basement shall
not affect the measurement of grade provided that:
a. Features are not located in the front of the structure;
b. Features shall not exceed three feet in length;
c. Cumulative length of all features does not exceed 30 percent of the perimeter of the
basement;
d. Features do not extend more than three feet into a required side setback or no more
than four feet into a required rear yard setback, except when a side yard setback is
less than six feet, then features shall not encroach closer than three feet from the
adjacent side parcel line;
e. Cumulative length of any features or portions of features that extend into a required
side or rear yard setback do not exceed 15 feet in length;
f. Property owner shall provide documentation to the Planning Division prior to the
issuance of a Building Permit that any features or portions of features that extend into
a required side or rear yard setback, and how the projections will affect any mature
trees on the parcel or abutting parcels; and
g. Features have either a drainage system that meets the requirements of the Public
Works Department or are substantially sheltered from the rain by a roof overhang or
canopy of a permanent nature.
2. Below-grade patios, sunken gardens, or similar excavated areas along the perimeter of the
basement that exceed the dimensions allowed in Subsection (1) above, are allowed and shall
not affect the measurement of the basement or the grade provided that:
a. Areas are not located in the front of the structure;
b. All areas combined do not exceed two percent of the area of the parcel or 200 square
feet, whichever is greater, that each area does not exceed 200 square feet, and that
each area is separated from another by a distance of at least 10 feet. Areas devoted
to stairway access shall not be included in the 200 square foot limitation.

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

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Article 3 – Site Planning and General Development Standards Chapter 18.32

Chapter 18.32 – Residential Accessory Structures

Sections
18.32.010 – Purpose and Applicability
18.32.020 – Permit Requirements
18.32.030 – Development Standards

18.32.010 – Purpose and Applicability

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

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

18.32.020 – Permit Requirements

A. Permit Requirements. Except as otherwise exempt in Subsection b, residential accessory structures

require Architectural Review Check as described in Chapter 18.120 (Architectural Review).

B. Exemptions. The following residential accessory structures are exempt from permits and approvals
governed by this Title, provided they comply with any specified limitations. Exempt accessory structures
may require building permits in keeping with the California Building Code.

1. Enclosed and/or solid-roofed accessory structures that are 120 square feet or smaller and no
greater than 16 feet in height.
2. Structures shall not be located in a required front yard.
3. In order to maintain necessary fire breaks, all combustible residential accessory structures shall
be set back a minimum of four feet from side and rear property lines with a minimum six-foot
separation between structures.

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18.32.030 – Development Standards

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

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

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

C. Phasing. Residential accessory structures must be constructed subsequent to construction of the

primary structure(s) on the site.

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

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

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

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

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

1. The area of the treehouse shall not exceed 120 square feet.
2. The total height of any portion of the structure shall not exceed 15 feet from grade to the top of
the structure.
3. A child’s playhouse and/or playground equipment, shall be located in the rear yard and not in
the front or side yards. Non-conforming properties without rear yards exempted.
4. Any play structure located within an easement or encroachment shall be removed within ten
days upon request.

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Article 3 – Site Planning and General Development Standards Chapter 18.34

Chapter 18.34 – Fences, Walls, Hedges, and Screens

Sections
18.34.010 – Purpose and Applicability
18.34.020 – Permit Requirements and Exemptions
18.34.030 – Measurement of Fence, Wall, Hedge, and Screen
18.34.040 – Maximum Heights
18.34.050 – Additional Requirements by Land Use Type
18.34.060 – Materials and Maintenance

18.34.010 – Purpose and Applicability

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

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

18.34.020 – Permit Requirements and Exemptions

A. Site Plan Design Review Required. Unless otherwise exempt below, Architectural Review (Chapter
18.120) is required for new fences, walls, hedges, and screens.

B. Exemptions for Residential Fences, Walls, and Screens. Any fences, walls, and screens located on
R1-6L, R1-8L, and R2 parcels constructed in compliance with the requirements of Section 18.34.030
are exempt from Architectural Review (Chapter 18.120).

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

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

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Chapter 18.34 Fences, Walls, Hedges, and Screens

18.34.040 – Maximum Heights

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

Table 3-1
Maximum Height of Fences, Walls, Hedges, and Screens in Setback Areas

Location of Fence/ Wall/Hedge/Screen/Shrubbery Maximum Height

Required front setback area 3 feet

Required street side setback area (along corner side property 3 feet
lines)
All other areas of a parcel 6 feet with up to an additional one
foot of lattice

Figure 3-4
Allowable Fence Height

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

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Figure 3-5
Retaining Wall Height Measurement

18.34.050 – Additional Requirements by Land Use Type

A. Screening for Separating Residential and Non-Residential Uses and Parking Lots. Any
nonresidential use shall provide screening from adjacent residential uses and parking lots at the
property line. The screening required shall be a solid wall or fence, six feet in height, except that any
portion situated in the required setback area from adjacent public streets shall be no more than three
feet in height.

B. Applicable to All Land Use Types.

1. Swimming Pools, Spas, and Similar Water Features. Swimming pools, spas, and other
similar water features shall be enclosed in compliance with Building Code requirements.
Required fencing surrounding the immediate swimming pool area shall not exceed the height
required by the Building Code.
2. Temporary Fences. Nothing in this Chapter shall be deemed to prohibit the erection of a
temporary fence around construction projects in compliance with the Building Code and other
applicable requirements of the SCCC.
3. Outdoor storage. Outdoor storage shall be screened from public view by a solid wall, fence or
other screening as approved by the Review Authority. No outdoor storage shall extend above
the height of any screening wall or fence, except as expressly authorized by the Review
Authority.
4. Screening of Mechanical Equipment. In order to minimize visibility from adjacent roads and
properties, ground-level and rooftop mechanical equipment shall be screened so as to not be

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Chapter 18.34 Fences, Walls, Hedges, and Screens

visible from a public road or a public space. This screening may be provided by a primary
structure. Mechanical equipment not screened by a primary structure shall be screened by a
visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall
be constructed of materials compatible with those used in the exterior construction of the primary
structure. Notwithstanding the requirements of this Subsection, mechanical equipment located
in a manner found to have no adverse visual impact on adjacent roads and properties, as
determined by the Director, shall not be required to be screened.
5. Yards on Thoroughfares. Rear yard fencing abutting on any major thoroughfare of four or more
motor vehicular traffic lanes may be erected and shall not exceed eight feet in height. Fencing
shall be subject to a Architectural Review (Chapter 18.120).
6. Outdoor Recreation Courts. Fencing for outdoor recreation courts (e.g., tennis courts,
basketball courts) shall not exceed 12 feet in height. Fencing for outdoor recreation courts shall
be located five feet from any rear or side property lines, except when adjacent to outdoor
recreation courts on adjacent properties.

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

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

1. No fence greater than three feet in height shall be located closer to the side corner parcel line
than the dwelling.
2. The minimum setback from the front property line for any fence over three feet in height shall
be no less than 10 feet.

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Figure 3-6
Fence Height Exception – Abutting Corner Parcel

E. Posts, Columns, and Gates. Support posts, columns, or gates shall be allowed within any setback
area, provided they do not exceed four feet in height and 18 inches in width, are located 15 feet or more
from an intersection and are not located within a driveway visibility clearance area.

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

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

H. Mixed-Use Zones.

1. At the time of new construction of a structure on property in this zone, the property owner shall
install and provide continual maintenance of a solid masonry wall six feet high on all interior
property lines. Fencing in front and street side yards shall not exceed a maximum height of three
feet.
2. The Director is granted the authority as an administrative function, to permit a suitable alternative
for situations where construction of a masonry fence would not be warranted, such as jointly
used driveway, parking or recreation areas, or adjacent minimum 10-foot yards.

I. Industrial and Office Zones.

1. Outdoor storage areas shall be screened from view from the public right-of-way or from adjacent
properties accessible to the public and the screening shall be architecturally compatible with the
surrounding environment.
2. Security fences and walls. The purpose of security fencing and wall standards is to provide for
a safe environment for businesses in industrial and office land use designations. Palisade
fencing may be permitted with the approval of the Review Authority.

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Chapter 18.34 Fences, Walls, Hedges, and Screens

18.34.060 – Materials and Maintenance

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

B. Fences and wall in Industrial and Office Zones.

1. Storage Area allowable fence and wall material. Within the Industrial-Heavy category,
storage area screening may include masonry or concrete, metal, or chain-link fencing with wood
or vinyl slats.
2. Security fences and walls. Within all industrial and office zones except Industrial-Heavy, all
fencing, or walls shall be wrought iron, concrete, masonry, or other similar materials not to
exceed a height of eight feet from the highest finished grade. Chain-link fencing may be used in
areas not visible from public rights-of-way.

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

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

1. Barbed Wire
2. Razor Wire
3. Electrified fences, with the exception of monitored perimeter security fence systems, as
described in Section E below
4. Use of grease
5. Broken glass or other sharp materials

E. Monitored perimeter security fence system.

“Monitored perimeter security fence system” means a perimeter alarm system with an assembly of battery-
powered equipment, including but not limited to: a monitored alarm device and energizer which is intended
to periodically deliver pulses to a security fence, a battery charging device used exclusively to charge the
system’s battery, and other integrated components.

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

1. IEC Standard No. 60335-2-76. Unless otherwise specified herein, monitored perimeter security
fence systems shall be constructed and operated in conformance with the specifications set
forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76, current
edition.
2. Power Source. The energizer for monitored perimeter security fence systems must be driven
by a commercial storage battery not to exceed twelve (12) volts DC. The storage battery is
charged primarily by a solar panel. The solar panel may be augmented by a commercial trickle
charger.

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Article 3 – Site Planning and General Development Standards Chapter 18.34

3. Perimeter Barrier. Monitored perimeter security fence systems shall be installed behind a
nonelectrified fence or wall that complies with section 18.34.060 B.
4. Emergency Gate Access. Before a monitored perimeter security fence system is activated, a
Knox device shall be approved by the fire department. The Knox device will be installed at the
main entry gate and fully functional at all times when the monitored perimeter security fence
system is operational.
5. Separation. The perimeter security fence shall be set back four (4) inches to twelve (12) inches
from the nonelectrified fence or wall in order to prevent inadvertent access to the monitored
perimeter security fence.
6. Design/Height. The monitored perimeter security fence shall be visually transparent and
comprised of twelve and one-half (12.5) gauge galvanized steel wires which are run horizontally,
up to the maximum height of ten (10) feet.
7. Warning Signs. Monitored perimeter security fence systems shall be clearly identified with
bilingual warning signs in compliance with Civil Code § 835(b)(3) that read: “Warning – Electric
Fence” at intervals of not more than thirty (30) feet.
8. Location. Monitored perimeter security fence systems shall only be permitted on properties
zoned LI Light Industrial and HI Heavy Industrial.
9. Alarm Signal. The monitored perimeter security fence system shall transmit a signal to an alarm
monitoring business in response to an intrusion or burglary. The system shall not directly
connect to or call law enforcement. The business must first verify the alarm event prior to
requesting deployment of law enforcement.”

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Chapter 18.34 Fences, Walls, Hedges, and Screens

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Article 3 – Site Planning and General Development Standards Chapter 18.36

Chapter 18.36 – Landscaping Standards

Sections

18.36.010 – Purpose
18.36.020 – Applicability
18.36.030 – Landscape and Irrigation Plans
18.36.040 – Landscape and Irrigation Plan Review Process
18.36.050 – General Landscape Standards
18.36.060 – Special Landscape Requirements
18.36.070 – Additional Requirements for Residential Zones
18.36.080 – Removal and Replacement of Required Landscaping
18.36.090 – RESERVED SECTION
18.36.100 – Water-Efficient Landscaping

18.36.010 – Purpose

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

18.36.020 – Applicability

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

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

B. Existing Development. The landscaping in an existing development subject to a new permit

application that includes expansion of existing structure square footage by more than 10 percent shall
be subject to evaluation by the Review Authority.

18.36.030 – Landscape and Irrigation Plans

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

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

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Chapter 18.36 Landscaping Standards

B. Final Landscape and Irrigation Plan. After a preliminary landscape and irrigation plan has been
approved by the Review Authority, a final landscape and irrigation plan shall be submitted to the
Director in conjunction with site improvement plans. The final landscape and irrigation plan shall be
prepared by a registered licensed landscape architect and shall be in substantial compliance with the
preliminary landscape and irrigation plan approved by the Review Authority. Final plans shall show the
exact location of and irrigation system for trees, shrubs, and ground cover. The final landscape and
irrigation plan shall include, at a minimum, plant name, plant quantity, plant container size, location of
impervious surfaces, utilities and lighting, and plans for tree retention and removal where applicable.
The final landscape and irrigation plan shall also include a water budget that includes the estimated
water use (in gallons), the irrigated area (in square feet), precipitation rate, and flow rate in gallons per
minute.

18.36.040 – Landscape and Irrigation Plan Review Process

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

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

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

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

18.36.050 – General Landscape Standards

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

1. Setbacks. All setback areas required by this Code shall be landscaped in compliance with this
Chapter except where a required setback is occupied by a sidewalk, driveway, or permitted off-
street parking area, or is enclosed and screened from abutting public rights-of-way.
2. Undeveloped Areas. All areas of a project site not intended for a specific use or purpose in
conjunction with a current application, including pad sites being held for future development,
shall be landscaped in compliance with this Chapter.
3. Parking Areas. All parking areas shall be landscaped for shade and climate control, to enhance
project design, and to screen the visual impact of vehicles and large expanses of pavement
consistent with the requirements of this Chapter.

B. Plant Type. Landscape planting shall emphasize drought-tolerant and native species (especially along
natural, open space areas), shall complement the architectural design of structures on the site, and
shall be suitable for the soil and climatic conditions specific to the site.

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Article 3 – Site Planning and General Development Standards Chapter 18.36

1. Street and Parking Lot Trees. Street and parking lot trees shall be selected from the City’s
adopted master list of street trees and parking lot trees.
2. Trees Adjacent to Walkways. Trees planted within 10 feet of a street, sidewalk, paved trail, or
walkway shall be separated from hardscapes by a root barrier to prevent physical damage to
public improvements.

C. Planting Size, Spacing, and Planter Widths. To achieve an immediate effect of a landscape
installation and to allow or sustained growth of planting materials, minimum plant material sizes, plant
spacing, and minimum planter widths (inside measurements) are as follows:

1. Trees. The minimum planting size for trees shall be 15 gallons, with at least 25 percent of all
trees on a project site planted at a minimum 24-inch box size. For commercial, office,
community/civic, and industrial development, tree spacing within perimeter planters along
streets and abutting residential property shall be planted no farther apart on center than the
mature diameter of the proposed species. Minimum planter widths for trees shall be between
five and ten feet, consistent with the City’s adopted master list of street trees and parking lot
trees.
2. Shrubs. Shrub planting shall be a minimum five-gallon size, with a 15-gallon minimum size
required where an immediate landscape screen is required by the Review Authority. The
minimum planter width for shrubs is four feet.
3. Ground Cover. Plants used for mass planting may be grown in flats of up to 64 plants or in
individual one-gallon containers. Rooted cuttings from flats shall be planted no farther apart than
12 inches on center, and containerized woody, shrub ground cover plantings shall be planted
no farther apart than three feet on center to achieve full coverage within one year. Minimum
planter width for ground cover is two feet, except for sod, which requires a minimum planter
width of six feet.

18.36.060 – Special Landscape Requirements

In addition to the general requirements of Section 18.36.050 (General Landscape Standards), the following
requirements apply to the special types of landscaping.

A. Multi-Tenant Project Entry Landscaping. Entries to multi-tenant projects (both residential and
nonresidential) shall be designed as a special statement reflective of the character and scale of the
project to establish identity for tenants, visitors, and patrons. Flowering access plantings and specimen
trees shall be used to reinforce the entry statement.

B. Trees Adjacent to Structure Walls. Except for single-family housing developments, trees shall be
planted in areas of public view adjacent to structures at a rate of one tree per 30 linear feet of building
dimensions (or fraction thereof), particularly to interrupt expansive horizontal and vertical surfaces.

C. Drive-Through Aisles Screening. For drive-through aisle screening requirements see Section
18.60.100 (Drive-in/Drive Through Establishments).

D. Wireless Telecommunication Facilities. Landscaping is required on the site of wireless

telecommunication facilities, including trees, foliage, and shrubs. Additional landscaping may be
planted around the tower and related equipment to buffer abutting residential zones or uses and to
buffer public trails. Trees shall be fast-growing evergreen species, with a minimum size of 24-inch box.
Shrubs shall be a minimum 15-gallon size covering a minimum planter area depth of five feet around
the facility. Trees and shrubs shall be located no farther apart on center than the mature diameter of
the proposed species.

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Chapter 18.36 Landscaping Standards

E. On-Site Pedestrian Pathways and Public Spaces. Pedestrian pathways and public space
landscaping shall include shade trees placed so as to cover 50 percent of the total pathway area with
tree canopies within 15 years of planting.

F. Landscaping Adjoining Creeks. Landscaping or planting that is adjoining to creeks shall only use
native plants.

G. Signs. Landscaping shall be provided at the base of the supporting structure of freestanding signs
equal to twice the area of one face of the sign. For example, 50 square feet of sign area requires 100
square feet of landscaped area.

H. Buffering Between Uses. A landscape buffer shall be provided between residential and nonresidential
uses and between single-family uses and multi-family uses containing three or more units. Buffer areas
shall include a minimum five-foot-wide planter strip with shrubs and both deciduous and evergreen
trees planted no farther apart than 30 feet on center.

I. Sound Walls/Masonry Walls. Where setback and open space areas are screened from public view
by walls or similar approved structures, landscaping shall be provided so as to cover 50 percent of the
wall by landscape material within five years of securing a Building Permit.

J. Parking Lot Landscaping. Parking lot landscaping shall include perimeter planters, trees for parking
lot shade, and a combination of continuous planting strips, planting fingers, and parking islands
throughout the parking lot. Parking lot landscape requirements applicable to commercial, industrial,
mixed-use, and multifamily parking lots with five or more spaces are as follows:

1. Number of Trees Required. One tree for every three parking stalls shall be provided. At
maturity, trees must reach a minimum height and spread of 20 feet to form a shade canopy over
parking stalls. Smaller ornamental trees may not be used to satisfy this requirement. The
minimum width for planters containing a parking lot tree is six feet. Tree selections shall be
approved by the Director. See Figure 3-7 (Parking Lot Tree Requirement).
2. Tree Wells. Tree wells in a parking lot shall be a minimum of 40 square feet, with a minimum
dimension of five feet.
3. Parking Lots. See Figure 3-8 (Parking Lot Landscaping).
a. All parking lots shall include a perimeter landscaped strip at least five feet wide (inside
dimension) where the lot adjoins a side or rear property line. The perimeter landscaped
strip may include any landscaped yard or landscaped area otherwise required and
shall be continuous, except for driveways and pedestrian access.
b. All parking lots shall include a minimum 10 feet of landscaping adjacent to any public
street, except for driveways and pedestrian access.
4. Existing Trees. Existing mature trees on the site in good health shall be preserved as
determined by the Director.
5. Planter Design. All parking lot planters shall be designed to meet the following minimum
requirements (see Figure 3-9 (Parking Lot Planter Design)).
a. Planters shall be separated from maneuvering and parking areas by a six-inch raised
concrete curb or equivalent.
b. Landscape planters along the sides of parking stalls shall be a minimum of six feet in
width.

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Article 3 – Site Planning and General Development Standards Chapter 18.36

Figure 3-7
Parking Lot Tree Requirement

Figure 3-8
Parking Lot Landscaping

Figure 3-9
Parking Lot Planter Design

Santa Clara Zoning Code, Title 18 July 2025 3-25

Chapter 18.36 Landscaping Standards

18.36.070 – Additional Requirements for Residential Zones

All new development front yard landscaping shall include, at a minimum, one 15-gallon size tree and a
permanent irrigation system to be installed by the developer prior to occupancy. This requirement shall be
in addition to any other tree installation requirements required by law, such as street trees to be approved
by the Department of Public Works.

18.36.080 – Removal and Replacement of Required Landscaping

Replacement Sizes. Any plant material removed from a site for which the Director has approved the
landscape and irrigation plan shall be replaced with plants consistent with the approved landscape and
irrigation plan. Replacement trees shall be required for trees removed or severely and improperly trimmed,
with or without Director approval. Size of replacement trees shall be determined by the Director based on
the conditions of the property.

18.36.090 – RESERVED SECTION

18.36.100 – Water-Efficient Landscaping

All landscaping areas shall comply with the requirements contained in the City’s water service and use rules
and regulations as the same rules and regulations are applicable to promote efficient water use in
landscaping by promoting use of region-appropriate plants that require minimal supplemental irrigation, and
by establishing standards for irrigation efficiency.

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Article 3 – Site Planning and General Development Standards Chapter 18.38

Chapter 18.38 – Off-Street Parking Regulations and Design

Standards

Sections

18.38.010 – Purpose and Applicability

18.38.020 – Permit Requirements and Exemptions
18.38.030 – Off-Street Vehicle Parking Requirements
18.38.040 – Exceptions and Reductions to Parking Requirements
18.38.050 – Bicycle Parking Requirements
18.38.060 – General Parking Standards
18.38.070 – Off-Street Loading
18.38.080 – Maintenance
18.38.090 – Valet Parking
18.38.100 – Recreational Vehicle Parking in Residential Zones
18.38.110 – Off-Site Designated Parking: Alternate Parking Location

18.38.010 – Purpose and Applicability

A. Purpose. This Chapter establishes standards for the development (including amount and location) of
motor vehicle parking, bicycle parking, and off-street loading areas. The purpose of the standards is to
provide for safe vehicular parking, vehicular circulation, and loading supportive of a variety of uses in
an increasingly pedestrian- and bicycle-friendly and transit-oriented community.

B. Applicability. The regulations contained in this Chapter shall apply to the construction, change, or
expansion of a use or structure and shall require that adequate parking spaces, loading areas, and
bicycle parking areas are permanently provided and maintained for the benefit of residents, employees,
customers, and visitors, within or outside of structures or in a combination of both, in accordance with
the requirements listed in this Chapter.

1. New Uses and Structures. For all structures erected and all uses of land established after the
effective date of this Zoning Code, parking for vehicles and bicycles, and loading facilities shall
be provided as required by this Chapter.
2. Modifications to Existing Structures. Whenever an existing structure or use is modified that
results in an increase of more than 50 percent in the number of parking spaces required,
additional parking spaces shall be provided in accordance with the requirements of this Chapter.
3. Existing Parking and Loading Facilities. Off-street parking and loading facilities which are
located on the same parcel as the structure or use served and which were in existence on the
effective date of the ordinance codified in this Chapter, or were provided voluntarily after such
effective date, shall not be reduced below or if already less than, shall not further be reduced
below the requirements of this Chapter for a similar new structure or use.

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Chapter 18.38 Off-Street Parking Regulations and Design Standards

18.38.020 – Permit Requirements and Exemptions

A. Parking Requirements. New parking lots and modifications or expansions to existing parking lots will
be evaluated as part of project review for other permits and approvals (e.g., Architectural Review,
Conditional Use Permit). At a minimum, Site Plan Review is required for new parking lots and
modifications to existing parking lots to determine compliance with all applicable provisions of this
Zoning Code.

B. Exempt Activities. Parking improvements listed below shall be considered minor in nature and are
therefore exempt from Site Plan Review requirements if they do not alter the number or configuration
of parking stalls. However, exempt activities listed herein may require other ministerial permits (e.g.,
Building Permits).

1. Repair of any defects in the surface of the parking area, including repairs of holes and cracks.
2. Repair or replacement in the same location of damaged planters and curbs.
3. Additions to residential floor area for single-family dwellings with existing, nonconforming two-
car garages. Additions can be approved without the parking as long as the garage is fully
accessible and has at least 17 feet by 17 feet inside dimensions, and a garage door, or doors,
at least 15 feet wide.

18.38.030 – Off-Street Vehicle Parking Requirements

A. Required Parking. Table 3-3 (Off-Street Parking Requirements) establishes the minimum number of
on-site parking spaces required for each land use type, regardless of the zoning district in which the
use is located.

B. No Parking Required Near Major Transit Stops. Notwithstanding any other provision of this Code,
no parking is required for any use within one-half mile of a major transit stop, unless the Director of
Community Development makes any of the following written findings, supported by substantial
evidence, within 30 days of an application becoming complete, in which case the City’s standard
parking requirements shall apply:

1. Not imposing the City’s parking requirements would have a substantial negative impact on the
City’s ability to meet its share of the regional housing need in accordance with Government
Code Section 65584 for low- and very low income households;
2. Not imposing the City’s parking requirements would have a substantial negative impact on the
City’s ability to meet any special housing needs for the elderly or persons with disabilities
identified in the Housing Element’s analysis required by Government Code Section 65583(a)(7);
or
3. Not imposing the City’s parking requirements would have a substantial negative impact on the
existing residential or commercial parking within one-half mile of the development project.

C. Off-Street Construction Parking.

1. When Required. Off-street construction parking is required for residential development projects
over 100 units in size, or over 100,000 square feet in area for non-residential projects.
2. Timing. Off-street construction parking is required to be available from the time of issuance of
building permits until the issuance of a certificate of occupancy.
3. Number of Spaces Required.

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Article 3 – Site Planning and General Development Standards Chapter 18.38

a. For residential development projects, one space per four units proposed is required.
b. For non-residential development projects, one space per 5,000 square feet proposed
is required.
4. Development Standards. Parking spaces are required to meet all requirements of the General
Parking Standards, Code Section 18.38.060.
5. Maintenance of off-street construction parking.
a. Off-street construction parking lots are required to maintained to be mud-free and
dustless. If the off-street construction parking lot is located on an unpaved surface,
daily street sweeping of surrounding streets is required.
b. Off-street construction parking lots are required to be free of construction materials and
debris at all times

D. Patrick Henry Specific Plan Parking Requirements. The following parking requirements including
those shown in Table 3-2 are required for those zones identified in the Patrick Henry Specific Plan.

1. Patrick Henry Parking Space Requirements. The following parking space requirements
apply:
Table 3-2
Patrick Henry Parking Requirements

Use For Residents/Employees For Visitors/Customers

Residential Minimum 1 space per unit for Minimum 0.05 spaces per
units greater than 550 SF unit
Minimum 0.5 spaces per unit for
units less than or equal to 550
SF
Retail / Flex None required Minimum 1 space per 1,000
SF
Office Minimum one space for each Minimum 1 space per 3,000
500 SF of gross floor area SF
Community/Civic None required None required

2. Parking is not permitted as a stand-alone use.

3. Shared parking is permitted.
4. Mechanical lifts/stackers may be used to satisfy minimum requirements.

E. Calculation. The following standards apply to the calculation of vehicle parking spaces in this Chapter.

1. If the calculation for parking needs results in the requirement for a fraction of a parking space,
the value shall be rounded to the nearest whole number.
2. For the purposes of this Chapter, “square feet” means “gross square feet” and refers to the sum
gross square feet of the floor area of a structure and its accessory structures unless otherwise
specified. Gross floor area shall not include enclosed or covered areas used for off-street
parking or loading, bicycle facilities, heating and air-conditioning equipment, stairs and
elevators, mechanical and electrical equipment, and communications equipment.
3. Except as otherwise provided in Section 18.38.040 (Exceptions and Reductions to Parking
Requirements), where uses or activities subject to differing requirements are in the same

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Chapter 18.38 Off-Street Parking Regulations and Design Standards

structure or on the same site (e.g., mixed-use developments) or are intended to be served by a
common facility, the total requirement shall be the sum of the requirements for each use or
activity computed separately. The Review Authority for the associated permit or approval,
including parking for multiple uses on a site, may restrict the hours of operation or place other
conditions on the multiple uses so that parking needs do not overlap and may then modify the
total parking requirement to be based on the most intense combination of uses at any one time.

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Article 3 – Site Planning and General Development Standards Chapter 18.38

Table 3-3
Off-Street Parking Requirements
Land Use Required Parking Spaces
Residential Uses
Caretaker Housing 1 space per unit
Dwelling, Accessory Unit No additional parking required.
Dwelling, Multifamily
Studio and one-bedroom units 1 space per dwelling unit
Two- and three-bedroom units 1.5 spaces per dwelling unit, with each unit
assigned one space and all other spaces to be
provided unbundled
Four- or more bedroom units 1.5 spaces per dwelling unit, with each unit
assigned one space and all other spaces to be
provided unbundled
Dwelling, Single-Family 2 spaces per dwelling unit, which shall be a covered
garage or carport
Dwelling, Two-Family 2 spaces per dwelling unit. At least 1 space for each
dwelling unit shall be a covered garage or carport
Senior Housing 1 space per dwelling unit
Employee Housing 1 space per dwelling unit
Home Occupations No additional spaces required
Live-Work Facilities 1 space per dwelling unit plus 1 for the
nonresidential work space
Mixed Use Zones
Single-Family Dwelling 2 spaces per dwelling unit
Multi-Family Dwelling: Studios/1 Bedroom 1 space per dwelling unit
Multi-Family Dwelling: 2 or more 2 spaces per dwelling unit
Bedrooms
Retail and Services 4 spaces per 1,000 square feet
Mobile Home Parks 2 spaces per dwelling unit
Organizational Houses 1 space per bedroom
Rooming and/or Boarding Houses 1 space per bedroom
Single Room Occupancy (SRO) Facilities 1 space per bedroom
Supportive Housing 1 space per bedroom
Transitional Housing 2 spaces per dwelling unit. At least 1 space for each
dwelling unit shall be a covered garage or carport
Human Service Uses
Childcare Facilities, Childcare Centers 1 space per 300 square feet
Childcare Facilities, Family Day Care 2 spaces per dwelling unit. At least 1 space for each
Homes dwelling unit shall be a covered garage or carport
Community Care Facilities 1 space per 300 square feet
Residential Care Facilities 1 space for each employee or staff member.
Emergency Shelters 1 space for each employee.
Low-Barrier Navigation Centers 1 space for each employee.
Medical Services, Hospitals 1 space for every 3 beds, plus 1 space per staff
doctor, plus 1 space for every 3 staff members
Recreation, Education, and Public Assembly Uses
Assembly Uses 1 space per 50 square feet of usable assembly area
Cemeteries, Mausoleums 1 space for each employee and 10 guest spaces

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Chapter 18.38 Off-Street Parking Regulations and Design Standards

Table 3-3
Off-Street Parking Requirements
Land Use Required Parking Spaces
Commercial Recreation Facilities (indoor and 1 space per 600 square feet
outdoor)
Crematories 1 space per shift employee
Golf Courses/Clubhouse 5 spaces per golf course hole, plus 1 space per
250 square feet of retail and dining area, plus 1
space per shift employee
Fitness Facilities (5,000 square feet or less) 1 space per 200 square feet
Fitness Facilities (over 5,000 square feet) 1 space per 100 square feet
Libraries 1 space per 400 square feet
Museums 1 space per 400 square feet
Mortuaries and Funeral Homes 1 space per 50 square feet
Schools
Elementary and Junior High Schools 1 space for each staff member, faculty member,
and employee, plus 10 spaces for visitor parking,
and a designated loading/unloading zone for
school buses.
High Schools 1 space for every 8 students, plus 1 space for
every 2 staff members, faculty members, and
employees, and a designated loading/unloading
zone for school buses.
Colleges and Universities, Public and 0.4 spaces for each enrolled student and employed
Private staff member
Specialized Education and Training/Studios 1 space for every 5 students
Theaters and Auditoriums 1 space per 50 square feet
Vocational/Trade Schools 1 space for every 2 students, plus one space for
each employee, plus 1 space for each fleet vehicle.
Utility, Transportation, and Communication Use Listings
Broadcasting and Recording Studios 1 space per 250 square feet
Fuel Storage and Distribution Centers 1 space per 2 employees, plus 2 additional spaces
for visitors
Public Safety Facilities Determined through Discretionary Review
Transit Stations and Terminals Determined through Discretionary Review
Retail, Service, and Office Uses
Adult Oriented Businesses 1 space per 200 square feet
Alcoholic Beverage Sales 1 space per 200 square feet
Ambulance Services 1 space per shift employee, plus 1 space per fleet
vehicle
Animal Sales and Grooming Facilities 1 space per 250 square feet
Artisan Shops 1 space per 250 square feet
Banks and Financial Service Establishments 1 space per 300 square feet
Banks and Financial Service Establishments, 2 spaces per machine
Stand-alone ATM
Bars 1 space per 200 square feet
Bed and Breakfast Inns 1 space per guestroom, plus 1 space for the
resident owner or manager
Building Material Stores and Yards 1 space per 250 square feet
Business Support Centers 1 space per 250 square feet
Call Centers 1 space per 250 square feet
Data Centers 1 space per 10,000 square feet
Drive-in and Drive-through Establishments 1 space per 200 square feet

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Article 3 – Site Planning and General Development Standards Chapter 18.38

Table 3-3
Off-Street Parking Requirements
Land Use Required Parking Spaces
Equipment Sales and Rentals 1 space per 250 square feet
Garden Centers/Plant Nurseries 1 space per 400 square feet
Hotels and Motels ½ space per guestroom
Kennels 1 space per 750 square feet
Maintenance and Repair Services 1 space per 250 square feet
Nightclubs 1 space per 50 square feet
Offices 1 space per 300 square feet
Pawn Shop 1 space per 250 square feet
Personal Services, including Personal 1 space per 250 square feet
Services, Restricted
Restaurants 1 space per 200 square feet
Retail (Small, Medium, and Large Format) 1 space per 200 square feet
Veterinary Facilities 1 space per 250 square feet
Vehicle Oriented Uses
Vehicle Rental Facilities 1 space per 400 square feet
Vehicle Sales Facilities, General and 1 space per 400 square feet
Wholesale
Vehicle Sales Facilities, Wholesale 1 space per 1,000 square feet
Vehicle Storage Facilities 1 space per 2,000 square feet
Vehicle Parts Sales 1 space per 200 square feet
Vehicle Dismantling Facilities 3 spaces, plus 1 space for each employee
Car Wash and Detailing Facilities
Full-Service 1 space per shift employee, plus 2 additional spaces
Self-Service 1 space per shift employee, plus 2 additional spaces
Vehicle Fueling Stations 1 space per 400 square feet
Vehicle Repair and Service Facilities (major 2 spaces per service bay, plus 1 space per shift
and minor) employee
Industrial, Manufacturing, and Processing Uses
Freight Yards/Truck Terminals 1 space per 2,000 square feet
Bulk laundry and Dry-Cleaning Plants 1 space per 1,000 square feet
Industrial (Minor and Major) 1 space per 1,000 square feet
Printing and Publishing Facilities 1 space per 1,000 square feet
Recycling Facilities 1 space per employee, plus 5 additional spaces for
visitors.
Research and Development Facilities 1 space per 750 square feet
Storage, Personal Storage Facilities 1 space per 4,000 square feet
Storage, Warehouse 1 space per 2,000 square feet
Wholesaling and Distribution Centers 1 space per 2,000 square feet

18.38.040 – Exceptions and Reductions to Parking Requirements

The following are exceptions or reductions to the minimum off-street vehicle parking requirements
established in Table 3-3 (Off-Street Parking Requirements) that are available:

A. Shared Parking. In order to encourage efficient use of parking spaces and reduce the amount of land
devoted to vehicle parking, the total parking requirements for adjacent compatible land uses that have
differing peak parking demand may be based on the number of spaces adequate to meet needs of

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Chapter 18.38 Off-Street Parking Regulations and Design Standards

those individual land uses operating during the peak parking period. A Conditional Use Permit may be
approved for shared parking facilities serving more than one use on a single site or adjacent sites. The
Conditional Use Permit may allow for a reduction of the total number of spaces required by this Chapter
if all the following findings are made:

1. The peak hours of parking demand from all uses will not overlap or coincide to the degree that
peak demand for parking spaces from all uses will be greater than the total supply of spaces.
2. A parking demand study prepared by a qualified traffic engineering professional approved by
the City supports the proposed reduction.
3. In the case of a shared parking facility that serves more than one property, a parking agreement
has been prepared consistent with the provisions of Subsection B (Off-Site Parking for
Nonresidential Uses). The agreement shall include a guarantee that there will be no substantial
alteration in the uses that would create a greater demand for parking without application for
approval of an amended discretionary permit.

B. Off-Site Parking for Nonresidential Uses. Parking areas for all nonresidential and mixed uses shall
be located on the same parcel with the uses; however, it is recognized that more efficient use of land,
business, or organization growth, safety, or similar considerations may make off-site parking desirable.
Therefore, off-street parking areas may be constructed on a parcel separate from the primary
structure(s) occupied by the nonresidential uses with approval of a discretionary off-site parking permit.

C. Residential Transportation Demand Management (TDM). In addition to the exceptions in

Subsections A. and B. for shared and off-site parking, the Review Authority may approve an
Administrative Permit for a parking reduction in accordance with the following provisions. Any
combination of the following programs may be used; however, the total parking reduction shall not
exceed 20 percent of required parking.

1. Reduction for Secure Bicycle Parking. Developments which provide additional secure bicycle
parking facilities over and above the minimum requirement of this Chapter may reduce their
automobile parking requirement by one vehicle space for every two additional bicycle spaces
provided, up to a maximum five percent reduction in total vehicle parking spaces.
2. Reduction for Parking Near Transit Stops and Stations. Parking requirements may be
reduced by a maximum of 10 percent when located within one-quarter mile of a transit stop, and
20 percent for sites located within one-quarter mile of a transit stop at which a minimum of 20-
minute peak-hour service is provided.
3. Carsharing Stalls. Parking requirements shall be reduced by five stalls for each stall that is
dedicated and designated for use by a car sharing program. The maximum reduction allowed is
five percent of required parking.

D. Non-Residential Transportation Demand Management (TDM). In addition to the exceptions in

Subsections A. and B. for shared and off-site parking, the Review Authority may approve an
Administrative Permit for a parking reduction in accordance with the following provisions.

1. A reduction in the required off-street vehicle parking spaces of up to 50 percent may be

authorized with an Administrative Use Permit for non-residential structures or uses that conform
to all of the following:
a. The structure or use provides bicycle parking spaces in conformance with the
requirements in Section 18.38.050 (Bicycle Parking Requirements); and
b. For any project that requires a TDM program, the decision maker for the project
application shall first find in addition to other required findings that the project applicant
has demonstrated that it can maintain the TDM program for the life of the project, and

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that the TDM strategies proposed provide an offsetting benefit to the parking spaces
lost.
2. In addition, the applicant is required to implement at least three transportation demand
management (TDM) measures from the possibilities below:
a. Implement a carpool/vanpool or car-share program, e.g., carpool ride-matching for
employees, assistance with vanpool formation, provision of vanpool or car-share
vehicles, etc., and assign carpool, vanpool and car-share parking at the most desirable
on-site locations at the ratio set forth in the development permit or development
exception considering type of use; or
b. Develop a transit use incentive program for employees and tenants, such as on-site
distribution of passes or subsidized transit passes for local transit system (participation
in the regionwide Clipper Card or VTA EcoPass system will satisfy this requirement);
or
c. Provide preferential parking with charging station for electric or alternatively fueled
vehicles; or
d. Provide a guaranteed ride home program; or
e. Implement telecommuting and flexible work schedules; or
f. Implement parking cash-out program for employees (non-driving employees receive
transportation allowance equivalent to the value of subsidized parking); or
g. Implement public information elements such as designation of an on-site TDM
manager and education of employees regarding alternative transportation options; or
h. Make available transportation during the day for emergency use by employees who
commute on alternate transportation (this service may be provided by access to
company vehicles for private errands during the workday and/or combined with
contractual or pre-paid use of taxicabs, shuttles, or other privately provided
transportation); or
i. Provide shuttle access to Caltrain stations; or
j. Provide or contract for on-site or nearby child-care services; or
k. Incorporate on-site support services (food service, ATM, drycleaner, gymnasium, etc.,
where permitted in zoning districts); or
l. Provide on-site showers and lockers; or
m. Provide a bicycle-share program or free use of bicycles on-site that is available to all
tenants of the site; or
n. Unbundled parking.

18.38.050 – Bicycle Parking Requirements

A. Purpose. This Section establishes standards for bicycle parking, including Class I and Class II parking
types. The purpose of the standards is to provide for adequate bicycle parking, creating a bicycle-
friendly and multi-modal transportation network.

B. Applicability. The regulations contained in this Section shall apply to the construction, change, or
expansion of a use or structure of more than 10 percent and shall require that adequate bicycle parking
areas are permanently provided and maintained for the benefit of residents, employees, customers,
and visitors, within or outside of a structure.

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C. Definitions.

Class I Bicycle Parking. Class I bicycle parking includes bicycle lockers, rooms with key access for regular
bicycle commuters, valet or check in parking, and guarded parking areas.

Class II Bicycle Parking. Class II bicycle parking includes bicycle racks (i.e., inverted U-rack, ribbon rack,
wave rack) suitable for easy access of bicycles not within an enclosed structure, pod, or unit.

D. Class I Bicycle Storage Locker Design and Location Requirements. Figure 3-10 (Class I Bicycle
Parking) provides standards for the design and placement of Class I bicycle storage lockers.

Figure 3-10
Class I Bicycle Parking

E. Class II Bicycle Rack Design and Location Requirements. Figure 3-11 (Class II Bicycle Parking)
provides standards for the design and placement of Class II bicycle racks.

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Figure 3-11
Class II Bicycle Parking

Required Bicycle Parking. Table 3-4 (Required Bicycle Parking) establishes the minimum number of
bicycle parking spaces required for each land use type, regardless of the zoning in which the use is located.
If the ratios set by Table 3-4 would result in one or fewer Class II bicycle spaces, the development shall
provide two Class II spaces. If the ratios would result in more than one Class II bicycle space but less than
four, the development shall provide four Class II spaces. For commercial and industrial uses, at least 50%
of the required bicycle parking spaces must be closer than the closest non-handicapped automobile parking
space.

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Chapter 18.38 Off-Street Parking Regulations and Design Standards

Table 3-4
Bicycle Parking Requirements

Use For Residents/Employees For Visitors/Customers

Residential (such as Minimum: 1 per unit Minimum: 1 per 20 units

apartments and
condominiums, with a common In Class 1 bike rooms:
parking area) 1 electrical outlet per 10 bicycle
parking spaces

All Class 1 bike rooms are also

required to have a bike repair
station, with a repair stand,
pump, and tools for
maintenance.
Schools
• Elementary schools Minimum: 1 per 20 employees Minimum: 1 per 10 students
(in secure area)

• Middle schools Minimum: 1 per 20 employees Minimum: 1 per 8 students (in

secure area)

• High schools Minimum: 1 per 20 employees Minimum: 1 per 6 students (in

secure area)

• Colleges - Student Minimum: 1 per 3 beds + 1 per Minimum: 4 per building

residences 20 employees entrance

• Academic buildings and Minimum: 1 per 10 employees + Minimum: 1 per 8 student

other university facilities 1 per 10 student seats seats
Parking Garages not Minimum: 5% of auto parking Minimum: 5% of Auto Parking
associated with specific land Goal: Provide 25% of ground-
use type(s) floor auto parking space to
secure bicycle parking

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Table 3-4
Bicycle Parking Requirements

Required Long- Term Required Short- Term

Use
Spaces

Retail Sales/Shopping Minimum: 1 per 20 employees Minimum: 1 per 4,000 sq. ft.
Center/Financial
Institutions/Supermarkets
Office Buildings/Offices Minimum: 1 per 4,000 sq. ft. Minimum: 4 per building
entrance
Hotels/Motels/Bed -&- Minimum: 1 per 20 rooms + 1 Minimum: 1 per 20 rooms
Breakfasts per 20 employees
Hospitals Minimum: 1 per 20 employees Minimum: 1 per 45 beds
Restaurants Minimum: 1 per 20 employees Minimum: 1 per 800 sq. ft. of
dining space
Industrial Minimum: 1 per 20 employees Minimum: 1 per 5,000 sq. ft.
OR per 10,000 sq. ft.
Day Care Facilities Minimum: 1 per 20 employees Minimum: 1 per 40 children
Auto-Oriented Services Minimum: 1 per 20 employees --
Amphitheaters or Event Minimum: 1 per 20 employees Minimum: 1 per 500 seats
Centers
Other Uses Same as most similar use listed Same as most similar use
listed
Notes.
• The minimum number of required long-term bicycle parking spaces is 4, except when the code
would require 1 or less, in which case, 2 bicycle spaces must be provided.
• Employees = maximum number of employees on duty at any one time.

18.38.060 – General Parking Standards

A. Location and Design.

1. Parking within Visibility Clearance Area. Parking is prohibited within the required visibility
clearance area (Section 18.30.030).
2. Pedestrian Access. Parking spaces shall not impede direct and free access to stairways,
walkways, elevators, any pedestrian accessway, or fire safety equipment. Access shall be a
clear minimum width of 44 inches, no part of which shall be within a parking space.
3. Multifamily Parking Proximity. For multifamily residential, parking spaces shall be provided
within 200 feet of the main entrance of the unit(s) they intend to serve.
4. Unpaved Surface Parking Restriction. All parking areas are required to be mud-free and
dustless.
5. Back-Out Parking. Except for duplexes and single-family residences, all parking areas shall be
designed so that vehicles are not permitted to back out of the parking area onto a public street.
6. Turnaround Areas. Parking spaces shall be provided with adequate drive aisles or turnaround
areas so that all vehicles may enter a street in a forward manner.

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Chapter 18.38 Off-Street Parking Regulations and Design Standards

7. Wheel Stops. Wheel stops shall be provided for all parking spaces that face landscaped areas
or pedestrian walks in order to protect the landscaping and irrigation systems from damage from
the front part of the car and to allow adequate space for pedestrian movement.

B. Parking Space and Drive Aisle Dimensions for Parking Lots.

1. General Parking Space and Aisle Standards. All surface parking lots shall be designed in
compliance with the minimum City standards for stalls and aisles as set forth in Table 3-5
(Parking Space and Drive Aisle Dimensions) and illustrated in Figure 3-12 (Parking Space and
Drive Aisle Dimensions). Parking spaces not open on both sides shall have an extra foot in
width.
2. Compact Parking. Up to 25 percent of the required number of parking spaces may be sized for
compact cars for all commercial, industrial, and institutional uses, and for unassigned stalls for
residential uses with more than 25 spaces. As used in this paragraph, “required number of
parking spaces” shall mean the number of spaces required after any reductions have been taken
in compliance with Section 18.38.040. Compact car spaces shall comply with the following
standards:
a. Compact car parking spaces shall be clearly marked “compact cars only,” “compact,”
or “c.”
b. Compact car spaces shall incorporate design techniques including the use of
lampposts, bollards, or extra landscaped areas at the front of compact spaces, or the
location of compact spaces shall be arranged to preclude the parking of standard sized
vehicles in compact vehicle spaces.
3. Unistall Parking. Parking lots which apply unistall parking spaces for all parking stalls using the
unistall parking standards shown in Table 3-5 (Parking Space and Drive Aisle Dimensions) shall
not provide compact parking per Subsection 3 (Compact Parking) below.

Table 3-5
Parking Space and Drive Aisle Dimensions

Minimum Space and Aisle Dimensions

Stall Type Stall Width Stall Length Stall Depth Drive Aisle Width
(feet) (feet) from aisle to One-Way Two-Way
curb (feet)
Parallel 9 20 9 12 18
30 Degree 9 18 15 14 18

45 Degree 9 18 19.1 14 18
60 Degree 9 18 20.3 16 18
90 Degree 9 18 18 20 24
Unistall 8.5 17 - - Same as
standard
stalls per stall
type

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Figure 3-12
Parking Space and Drive Aisle Dimensions

C. Driveways.

1. Driveways to parcels located at the intersection of two streets shall, where feasible, be located
on the lesser street. Determination of which street is lesser shall be made by the Director based
on total paving width, amount of traffic, adjacent traffic controls, and likely destinations along
each street in question.
2. Driveways serving parcels located at the intersection of two streets shall be located at the
maximum practical distance from the intersection.
3. Not more than 25 percent of parcel frontage may be devoted to driveways, except for parcels
fronting cul-de-sacs, subject to City Engineer approval.
4. Driveways on the same parcel shall be at least 24 feet apart.
5. Driveways shall be adjacent to a property line, but in no case may driveways on adjoining
properties be closer than three feet, except where recorded mutual easements provide for a
common driveway along the property line. Common driveways shall be subject to all other
requirements and specifications.
6. No driveway shall be located less than three feet from the center of a fire hydrant, utility pole, or
streetlight standard.
7. No driveway shall be located less than five feet from the center of a traffic signal standard.
8. No driveway may be constructed across any curbing or sidewalk or connected with any
uncurbed roadway without first securing a discretionary permit from the City. All driveway
construction must conform to City standards and specifications and shall be subject to City
inspection.

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Chapter 18.38 Off-Street Parking Regulations and Design Standards

9. One-way driveways for residences serving not more than three garages or parking spaces shall
be at least a minimum width of 10 feet (8-foot pavement with 1-foot clearance on each side).
For one- and two-family residences, driveways shall not exceed 20 feet nor exceed two in
number for each property. Approaches to one-lane driveways may be 20 feet wide.
10. One-way driveways providing access to more than three residential parking spaces or garage
spaces shall be at least a minimum width of 12 feet (10-foot pavement with one-foot clearance
on each side).
11. Two-way driveways providing access to less than 25 residential parking spaces or garage
spaces shall be at least a minimum width of 14 feet (12 feet of pavement with one-foot clearance
on each side). Widths of driveways shall be measured along lowered curb section and shall not
exceed 30 feet.
12. Two-way driveways providing access to 25 or more residential parking spaces or garage spaces
shall be at least a minimum width of 26 feet (24-foot pavement with one-foot clearance on each
side). Widths of driveways shall be measured along lowered curb section and shall not exceed
30 feet.
13. One-way driveways providing access to all properties other than stand-alone residential shall
be a minimum width of at least 14 feet (12 feet of pavement with one-foot clearance on each
side).
14. Two-way driveways providing access to all properties other than stand-alone residential shall
be a minimum width of at least 22 feet (20 feet of pavement with one-foot clearance on each
side).

D. Single- and Two-Family Dwellings. Off-street parking and driveways for single-family attached and
attached dwellings, and two-family attached dwellings shall meet the following requirements:

1. All vehicles, including motor vehicles, trailers, or vessels which are inoperable or incapable of
movement under their own power and/or without current registration, shall be stored entirely
within an enclosed structure and shall not be parked or stored in any required front yard within
a residential zone.
2. Each parking space shall be at least 8.5 feet wide by 18 feet deep.
3. The minimum driveway width shall be 10 feet.
4. Minimum driveway length between parking and any public right-of-way line, not including alleys,
shall be a minimum of 20 feet.
5. Parking shall be provided on the same lot as the dwelling.
6. Parking shall not be located within the required setbacks, except for Approved accessory
structures may be allowed in setbacks where authorized by Section 18.60.030 (Accessory
Structures and Uses).
7. The required parking shall not be located within the required yard area, except the required
parking may be provided in the rear yard only when an alley is available for access.
8. All vehicles are required to be parked on a continuously paved surface. Driveways and driveway
approaches shall be paved.
9. For single family dwellings, the interior dimensions of the garage or carport are required to be
20’ x 20’. See Figure 3-13.
10. All vehicles, boats, and trailers, in the required front yard shall be parked perpendicular to the
street, unless the legal driveway configuration dictates otherwise.
Figure 3-13

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Single-Family Garage Dimensions

E. Parking Structure Standards. The following standards apply to structured parking facilities (i.e.,
parking garages). They are intended to limit parking structure impacts on the pedestrian environment
and reduce opportunities for crime in parking structures.

1. Sidewalks. Parking structures shall not occupy more than 50 percent of the length of a building’s
street-level frontage adjacent to a sidewalk.
2. Parking Structure Openings. These standards apply to parking structures for five or more
vehicles. Parking structure openings, including vehicular access openings, shall not exceed 50
percent of the total ground-floor facade adjacent to a public street or sidewalk. Parking structure
openings at the level of and facing a street, alley, courtyard, plaza, or open parking area shall
incorporate decorative grilles, architectural elements, planters, and/or artwork that screen-views
of vehicles in the parking structure while still allowing limited visibility into and out of the garage.
Any portion of the screening that is between 3 and 7 feet above the adjacent grade shall be at
least 20 percent transparent but not more than 80 percent transparent. Vehicular access
openings shall be exempt from this standard.
3. Minimum Landscaped Area Required. A parking structure located in a commercial or
industrial zoning district (including mixed-use) adjacent to a public right-of way shall have a
minimum 5-foot-wide landscaped area between the structure and the sidewalk, except where
the parking structure contains ground-floor commercial uses.

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Chapter 18.38 Off-Street Parking Regulations and Design Standards

F. Carpool/Vanpool Vehicles Parking. Where included, carpool/vanpool spaces shall comply with the
following provisions:

1. Parking spaces designated for carpool/vanpool use should be those closest to the structure
entrance or elevator, but not closer than the spaces for disabled parking and those designed or
intended for exclusive customer use.
2. Carpool/vanpool spaces shall be clearly marked with signs or painted markings within the
spaces, indicating that the spaces are reserved for carpool/vanpool use.

G. Electric Vehicle Charging Stations. Electric vehicle pre-wiring shall be provided for residential and
nonresidential land uses according to the requirements of Chapter 15.38 of the City Code (Green
Building Standards Code).

H. Motorcycle Parking. Where included, motorcycle parking facilities shall be in a convenient, highly
visible, and well lighted area to minimize theft and vandalism, generally within 50 feet of a building
entrance, adjacent to handicapped parking and within view of pedestrian traffic. Motorcycle parking
spaces may be in areas that are otherwise unusable for automobile parking (such as in corners, at aisle
ends, and near pillars). Motorcycle parking spaces shall be a minimum of three feet wide by eight feet
long and shall provide an adequate maneuvering area to permit easy access to the space. See Table
3-7 (Motorcycle Parking Requirements) and Figure 3-13 (Motorcycle Parking Configuration).

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Figure 3-14
Motorcycle Parking Configuration

Table 3-7
Motorcycle Parking Requirements

Use Number of Off-Street Minimum Number of

Vehicle Spaces Provided Motorcycle Parking Spaces
Required

1-25 spaces None Required.

Commercial and Mixed- 26-50 spaces 1 space
Use 50-100 spaces 2 spaces
2 spaces, plus 1 space for each 100
Greater than 100 spaces
vehicle spaces
1-6 None Required.
Residential ½ space for every 6 vehicle spaces
Greater than 6 spaces
for more than two dwelling units.

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Chapter 18.38 Off-Street Parking Regulations and Design Standards

I. Lighting. See outdoor lighting standards in Section 18.40.080 (Outdoor Lighting).

J. Signs. Directional signs are permitted in parking areas in accordance with the sign regulation in
Chapter 18.42 (Sign Standards).

K. Setbacks. Parking areas, including spaces, aisles, and turnaround and maneuvering areas, shall not
occupy required setbacks. Driveways shall not occupy a yard setback or buffer except to pass through
the yard in order to connect directly to a public street or as necessary for shared driveways and internal
access between uses on abutting parcels.

L. Pedestrian Walkways. Pedestrian walkways shall be designed to provide pedestrians safe passage
throughout parking lots. Pedestrian walkways must comply with the following provisions: A continuous
walkway must connect the primary entrances of the structure(s) on the site to the parking lots.

1. There must be a walkway along at least one side of drive aisles leading to primary entrances.
2. Where parking lots are located between a public right-of-way and a primary entrance into a site’s
primary use structure, a continuous walkway shall be provided through the parking lot that
connects the public right-of-way and the primary entrance.

18.38.070 – Off-Street Loading

A. Purpose. The purpose of these regulations is to provide the number, size, location, and screening
requirements for loading areas for mixed-use, commercial, and industrial uses. The intent of these
regulations is to minimize disruptions of traffic flow by freight-carrying vehicles and to minimize impacts
to vehicular and pedestrian conflicts.

B. Applicability. Off street loading areas are required for all commercial and industrial land uses equal to
or greater than 20,000 square feet in size. Compliance with the standards shall be determined in
conjunction with discretionary permits or approvals (e.g., Architectural Review). At a minimum, Zoning
Clearance is required to determine compliance with the standards of this Section.

C. Required Loading Spaces for Delivery and Distribution—Warehouse and Distribution Primary
Uses. A structure, or part thereof, having a floor area of 20,000 square feet or more that is to be
occupied by any use requiring the receipt or distribution by vehicles or trucks of material or merchandise
must provide at least one off-street delivery loading space, plus one additional such delivery loading
space for each additional 40,000 square feet of floor area in excess of 20,000 square feet. The delivery
loading space(s) must be maintained during the existence of the building or use it is required to serve.
Truck-maneuvering areas must not encroach into required parking areas, travel ways, or street rights-
of-way (see Figure 3-14 (Delivery Loading Areas)).

D. Required Spaces for Delivery and Distribution – Other Non-Residential Uses. A structure, or part
thereof, having a floor area of 20,000 square feet or more that is to be occupied by a manufacturing
facility, retail store, hotel, hospital, laundry, wholesale store, or other use similarly requiring the receipt
or distribution by vehicles or trucks of material or merchandise must provide at least one off-street
delivery loading space, plus one additional such delivery loading space for each additional 100,000
square feet of floor area in excess of 100,000 square feet. In multi-tenant buildings, a common loading
area may be required. Drive-in roll-up doors may be substituted for loading areas. The delivery loading
space(s) must be maintained during the existence of the building or use it is required to serve. Truck-
maneuvering areas must not encroach into required parking areas, travel ways, or street rights-of-way
(see Figure 3-14 (Delivery Loading Areas)).

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E. Location and Dimensions. The minimum size for each delivery loading space required by this Section
must be not less than 12 feet wide, 30 feet long, and 15 feet high, exclusive of driveways for ingress
and egress and maneuvering areas. See Figure 3-14 (Delivery Loading Areas).

Figure 3-15
Delivery Loading Areas

F. Access. Each off-street delivery loading space required by this Section shall be provided with
driveways for ingress and egress and maneuvering space adequate for trucks. All loading spaces shall
be designed to ensure ingress and egress in a forward manner.

G. Screening. See Section 18.34.050 G for screening requirements of loading docks.

H. Location of Loading Areas.

1. The off-street loading areas (both delivery and customer), regardless of the development type,
shall be on the same parcel as the structure they are intended to serve.
2. No loading space shall be located so that a vehicle using the loading space projects into any
public street.
3. The off-street loading areas shall be designed and located so that loading vehicles are not
parked in required setbacks, driveways, or required parking spaces during loading activities.
4. An off-street delivery loading space (excluding loading spaces for customers) required by this
Section shall not be located closer than 30 feet to any parcel in a residential zone, unless the
off-street loading space is wholly enclosed within a structure or on all sides by a wall not less
than eight feet in height.
5. In industrial zones, a maximum of two loading spaces shall be permitted on the street side of
any structure located within 60 feet from the street right-of-way. There is no restriction on the
number of loading spaces located more than 65 feet from the street right-of-way.
6. No loading space may be located in a required yard setback.

I. Modifications. In approving a project, the Review Authority may modify the number and size of loading
spaces required because of the nature of the use or the design of the project.

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Chapter 18.38 Off-Street Parking Regulations and Design Standards

18.38.080 – Maintenance

The minimum number of parking spaces required in this Chapter shall be provided and continuously
maintained. A parking, loading, or bicycle parking area provided for the purpose of complying with the
requirements of this Chapter shall not be eliminated, reduced, or converted unless equivalent facilities are
approved by the Review Authority in compliance with this Chapter.

18.38.090 – Valet Parking

A. Valet Parking. Valet parking is permitted subject to the issuance of a Minor Use Permit, issued by the
Director.

1. The proposed valet parking use must, at a minimum, maintain the number of parking spaces
that exist on the site.

B. Temporary Valet Parking. In a circumstance involving a non-reoccurring special event or special

needs of an applicant to commence operations prior to the time a Minor Use Permit application can be
processed for valet parking service, a Temporary Use Permit for a period of operation not exceeding
seven calendar days may be issued by the Director in compliance with Chapter 18.122, accompanied
by the applicable fees, and the certificate of insurance. Any other requirement of this Section may be
waived by the Director, if the Director determines that it would be impractical for the applicant to comply
with the requirement and that compliance with the requirement is not necessary in order to protect the
interest of the City or the public peace, health, or safety.

18.38.100 – Recreational Vehicle Parking in Residential Zones

A. Purpose. It is the intent of this Section to establish regulations that apply to the storage and/or parking
of trailers, boats, and other recreational vehicles in the City. As applied to this Section, “storage” and
“parking” shall be used interchangeably.

B. Residential Zones.

1. In residential zones, recreational vehicles, boats and trailers may be stored only on property on
which the vehicle’s owner resides. Storage is permitted outside a structure on a continuously
paved, graveled, or approved alternative material driveway, provided all of the following
conditions exist:
a. The vehicle is stored perpendicularly to the front curb;
b. No part of the vehicle extends over the public sidewalk or public thoroughfare (right-of-
way);
c. No more than one recreational vehicle, boat or trailer is stored in the front setback of
each residential unit;
d. The vehicle is stored at least three feet from side and rear property lines; and
e. The vehicle does not block access to or occupy any required parking spaces.
2. In residential zones, stored recreational vehicles, boats and trailers shall not be:
a. Used for dwelling purposes, except for temporary residential use during the
construction of a permanent dwelling with the approval of a Temporary Use Permit
(Chapter 18.122).

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b. Permanently connected to sewer lines, water lines, or electricity. Temporary electrical

connections for charging batteries and the use of electricity or propane fuel are
permitted only when necessary to prepare a recreational vehicle for immediate use
and are allowed for a maximum of 72 hours.
c. Used for storage of goods, materials, or equipment other than those items considered
to be part of the unit or essential for its immediate use.

C. Non-Residential Zones. An operable recreational vehicle, boat or trailer may be stored in all non-
residential zones (excludes mixed-use), where the vehicle belongs to the property owner or the property
owner provides written permission allowing the storage. Storage allowed under this Subsection shall
be limited to a maximum of three vehicles at any one time. Storage of more than three recreational
vehicles, boats, and/or trailers shall be considered a commercial use and shall follow applicable Zoning
Code requirements regulating that use. The following rules shall apply to recreational vehicle, boat, and
trailer storage in non-residential zones:

1. Storage is permitted inside any enclosed structure that conforms to the requirements of the
particular zone in which the structure is located.
2. Storage is permitted outside in a side or rear setback, provided it is not nearer than two feet to
the parcel line.
3. Stored recreational vehicles, boats, and trailers shall not be:
a. Used for dwelling purposes.
b. Permanently connected to sewer lines, water lines, or electricity. Temporary electrical
connections for charging batteries and the use of electricity or propane fuel are
permitted only when necessary to prepare a recreational vehicle for immediate use.
c. Used for storage of goods, materials, or equipment other than those items considered
to be part of the unit or essential for its immediate use.
4. The vehicle may not block access to or occupy any required parking spaces.

18.38.110 – Off-Site Designated Parking: Alternate Parking Location

A. Permit Approval. Approval of a Minor Use Permit in compliance with Chapter 18.114 (Conditional
Use Permits and Minor Use Permits) shall be required for a parking facility or any portion of required
parking that is not located on the same site as the use it is intended to serve.

B. Applicability. Off-site parking in residential zones (excluding mixed-use and Downtown) is prohibited.

C. Enforcement. No person shall solicit off-street parking without having first obtained an off-site parking
permit.

D. Application. All property owners, except the City, Housing Authority and Stadium Authority, who seek
to provide parking on their parcel or site for a project or use elsewhere, shall submit an application
including the following:

1. Aerial photo(s) illustrating the boundaries of the parcel or site generating the parking demand
and the parcel or site providing the off-street parking. Aerial photo(s) shall clearly indicate the
distance between the project site and the off-site parking locations. A pedestrian path of travel
between the parcels or sites shall also be illustrated on the aerial photo(s).
2. 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,

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Chapter 18.38 Off-Street Parking Regulations and Design Standards

any parking spaces reserved for on-site use(s), driveways, curb cuts, drive aisles, landscaping,
signage and light standards.
3. A written description of the off-site parking, which shall include, but not be limited to:
a. Days/hours of availability for off-site parking;
b. The term of the off-site parking availability (e.g., annual, until sale of property, etc.);
c. Responsible party for off-site parking management;
d. A written statement acknowledging that designated off-site parking spaces are
exclusively for the benefit of off-site uses, and are not available for concurrent use to
meet on-site parking demand;
e. Description/count of stalls available under the off-site parking permit; and
f. Existing uses on the parcels or sites providing the off-site parking, and the associated
parking requirement.
4. Application submittal fees as indicated in the City’s adopted planning application fee schedule
for Zoning Administrator actions.

E. Findings. In order to approve a Minor Use Permit for an off-site parking facility, the Review Authority
shall make all of the following findings in addition to those required for the approval of a Minor Use
Permit:

1. The parking facility is located within 1,000 feet of the parcel line of the subject property where
the use it is intended to serve;
2. On-street parking is not being counted towards meeting parking requirements;
3. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding
area;
4. The parking facility will be permanently available and maintained for the use it is intended to
serve; and
5. Those sites providing parking for events at sports or entertainment venues located north of State
Highway 101 are in compliance with the requirements of any City-adopted parking program for
this area.

F. Parking Agreement. A parking agreement, which guarantees the long-term availability of the parking
facility for the use it is intended to serve, shall be recorded with the County Recorder. The agreement
shall be in a form approved by the City Attorney and the Director.

G. Off-Site Parking Permit Requirements. Off-site parking permits shall be managed by the owner of
the property providing the off-site parking. The property owner responsible for the off-site parking permit
shall ensure compliance with the following requirements (Conditions of Approval):

1. Adopted Parking Program. Off-site parking permits for sites providing parking for events at
sports and entertainment venues located north of State Highway 101 shall comply with all
requirements of any City Council-adopted parking program for this area, including payment of
any fees necessary to mitigate the costs affiliated with the parking program.
2. Waste and Recycling Receptacles. Waste and recycling receptacles shall be provided for use
by individuals utilizing the off-site parking lot. Any waste or recyclables blown or thrown into the
public right-of-way or onto adjacent properties by individuals utilizing the off-site parking lot shall
be picked up in a timely manner.

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Article 3 – Site Planning and General Development Standards Chapter 18.38

3. Lighting. Adequate lighting facilities shall be provided and maintained on the off-site parking
lot, consistent with the site plan approved with the off-site parking permit application. Any such
lighting shall be directed and 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.
4. Signage. The off-site parking lot shall not be used for advertising, unless otherwise permitted
in an adopted parking program. A sign or signs may be installed to indicate the name of the
business, activity or event that the parking lot serves. Necessary traffic-control and disclaimer
signs are also permitted and not included in the maximum permissible sign area. All signs shall
be shown on the site plan. The area of all signs shall be calculated in accordance with this title.
The maximum permissible signage shall be one sign per each entrance to the parking lot, with
the maximum size of each sign not exceeding twelve (12) square feet, excluding the temporary
and permanent signage otherwise allowed for the primary use on the property and any
temporary signage permitted as a component of an adopted parking program.
5. Security. For special event parking, security may be required for the duration of the event.
6. Parking Lot Surfacing. The area reserved for parking and all vehicular and pedestrian access
ways shall be appropriately surfaced to the satisfaction of the Zoning Administrator.
7. Landscaping. Existing site landscaping and landscape features, such as water features and
sculptures, shall be maintained consistent with the requirements of this title.
8. Existing Nonconforming Conditions. For purposes of this Section, physical conditions on the
site that are legally nonconforming with respect to current standards of the applicable zoning
district shall not be required to be rectified as a condition of permit approval.

H. Loss of Off-Site Parking.

1. Notification to City. The owner or operator of a business that uses an approved off-site parking
facility to satisfy the parking requirements shall immediately notify the Director of any change of
ownership or use of the property where the spaces are located, or changes in the use that the
spaces are intended to serve, or of any termination or default of the agreement between the
parties.
2. Effect of Termination of Agreement. Upon notification that the agreement for the required
off-site parking has terminated, the Director shall establish a reasonable time in which one of
the following shall occur:
a. Substitute parking is provided that is acceptable to the Director; or
b. The size or capacity of the use is reduced in proportion to the parking spaces lost.

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Chapter 18.38 Off-Street Parking Regulations and Design Standards

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Article 3 – Site Planning and General Development Standards Chapter 18.40

Chapter 18.40 – Performance Standards

Sections
18.40.010 – Purpose and Applicability
18.40.020 – Compliance
18.40.030 – Air Emissions
18.40.040 – Dust
18.40.050 – Hazardous Materials
18.40.060 – Noise and Vibration
18.40.070 – Odor
18.40.080 – Outdoor Lighting
18.40.090 – Heat, Electrical Disturbance, and Glare
18.40.100 – Wastewater

18.40.010 – Purpose and Applicability

A. Purpose. The purpose of this Chapter is to ensure compatibility between land uses by specifying
standards and provisions, whether generic or qualitative, for dust, heat, electrical disturbances, fumes,
vapors, odor, noise, lighting, glare, vibration, and other performance-based considerations.

B. Applicability. The following provisions, standards, and specifications apply to all properties, structures,
uses, and activities in all zones, unless an exception is specifically noted.

18.40.020 – Compliance

The Director may require evidence of ability to comply with any of the following performance standards as
deemed necessary prior to approval of a plot plan or issuance of a Zoning Clearance.

18.40.030 – Air Emissions

Any air emissions shall comply with the Bay Area Air Quality Management District (BAAQMD) standards.

18.40.040 – Dust

No urban land use shall create dust which leaves the boundaries of the project site.

18.40.050 – Hazardous Materials

A. Hazardous Materials. Hazardous materials shall include all substances on the comprehensive master
list of hazardous materials compiled and maintained by the California Department of Health Services.

B. Storing, Handling, and Transportation. The use, handling, storage and transportation of hazardous
materials shall comply with all applicable requirements of state law, as may be amended, including but

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Chapter 18.40 Performance Standards

not limited to Government Code Section 65850.2, California Code of Regulations, Title 23, Chapter 15,
Articles One through Four, Health and Safety Code Section 25505, and Part V of the California Fire
Code.

18.40.060 – Noise and Vibration

Noise and vibration disturbances from fixed sources and/or from off-street operations on construction sites
shall comply with the standards and provisions in SCCC Chapter 9.10 (Regulations of Noise and Vibration).
Existing uses rezoned to new districts are subject to the legal non-conforming provisions of this Code.

18.40.070 – Odor

No use shall emit any offensive odor off-site based on typical human reaction except normal odor
associated with certain land uses. Bay Area Air Quality Management District (BAAQMD) shall determine
whether or not the off-site odor is offensive or causes a nuisance.

18.40.080 – Outdoor Lighting

A. Purpose. The purpose of this Section is to regulate outdoor lighting to balance the safety and security
needs for lighting with the City’s desire to preserve dark skies and to ensure that light trespass and
glare have a negligible impact on surrounding property (especially residential) and roadways.

B. Applicability. The requirements of this Section apply to all new development. Whenever a person is
required to obtain a Building Permit, Electrical Permit, and/or approval of a discretionary permit, the
applicant shall submit sufficient information for the Review Authority to determine whether the proposed
lighting will comply with the requirements of this Section.

C. Exempt Lighting. The following shall be exempt from the requirements of this Section:

1. Temporary lights used for holiday decorations.

2. Emergency lighting erected for official purposes by local, State, or Federal agencies.
3. Lighting for temporary uses and special events permitted consistent with this Zoning Code.

D. Prohibited Lighting. The following types of lighting are prohibited:

1. Search lights, laser source lights, or any similar high-intensity light, except for emergency use
by police or fire personnel or at their discretion, or for approved temporary lighting for a special
event approved by the City.
2. Lighting fixtures operated in a manner as to constitute a hazard or danger to persons or to safe
vehicular travel.
3. Roof-mounted lighting except for security purposes.
4. Moving, flashing, or animated lighting.

E. General Lighting Requirements.

1. Nuisance Prevention. All outdoor lighting shall be designed, located, installed, directed
downward or toward structures, fully shielded, and maintained in order to prevent glare, light
trespass, and light pollution and away from adjoining properties and public rights-of-way, so that

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Article 3 – Site Planning and General Development Standards Chapter 18.40

no light fixture directly illuminates an area outside of the project site. See Figure 3-15 (Shielding
and Maximum Height of Freestanding Outdoor Light Fixtures).
2. Maintenance. Fixtures and lighting shall be maintained in good working order and in a manner
that serves the original design intent.
a. Lighting fixtures shall be weather and vandal resistant.
b. Burnt-out and broken light bulbs shall be replaced immediately.
c. Lighting fixtures shall remain free of graffiti and rust.
d. Painted light fixtures shall be maintained to minimize chipping or peeling.
3. Level of Illumination. Outdoor lighting shall be designed to illuminate at the minimum level
necessary for safety and security and to avoid the harsh contrasts in lighting levels between the
project site and adjacent properties.
4. Signs. Lighting of signs shall be in compliance with Chapter 18.42 ( Sign Standards).
5. Sports Fields/Outdoor Activity Areas. Where playing fields or other specialty activity areas
are to be illuminated, lighting fixtures shall be mounted, aimed, and shielded so that the light
falls within the primary playing area and that light levels at the adjacent parcel are less than 0.1
foot-candle. Additionally, the lights shall be turned off within one hour after the end of the event.
6. Maximum Height of Freestanding Outdoor Light Fixtures. The maximum height of
freestanding outdoor light fixtures on nonresidential property abutting residential development
shall be 15 feet. The height limit for light fixtures in industrial zoning districts is 25 feet. In all
other nonresidential development types, the maximum height for freestanding outdoor light
structures shall be 20 feet. Height shall be measured from the finish grade to the bottom of the
lens of the fixture. See Figure 3-15 (Shielding and Maximum Height of Freestanding Outdoor
Light Fixtures).
Figure 3-16
Shielding and Maximum Height of Freestanding Outdoor Light Fixtures

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Chapter 18.40 Performance Standards

7. Energy-Efficient Fixtures Required. Outdoor lighting shall use dimmable white lighting and
comply with all applicable requirements of the California Electrical Code. All new outdoor lighting
fixtures shall be energy efficient with a rated average bulb life of not less than 10,000 hours.
8. Accent Lighting. Architectural features may be illuminated by up-lighting, provided that the
lamps are low-intensity and no glare or light trespass is produced.
9. Alternative Designs, Materials, and Installations. The Review Authority may grant approval
of alternatives to this Section as part of the Architectural Review process (Chapter 18.120)

18.40.090 – Heat, Electrical Disturbance, and Glare

No use shall create any heat, electrical disturbances, or glare based on typical human reaction beyond the
boundaries of the subject parcel. No use shall cause electromagnetic interference with normal radio or
television reception or with the function of other electronic equipment beyond the property line of the parcel
on which they are located.

18.40.100 – Wastewater

A. Discharge Limitations. No person or use shall discharge fluids of any kind into a public or private
sewage system, water course, body of water, or the ground, except in full compliance with applicable
regulations of the California Regional Water Quality Control Board (California Code of Regulations,
Title 23, Chapter Three and California Water Code, Division Seven).

B. Compliance. Discharge into the City’s sewer system shall comply with the City’s discharge
requirements.

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Article 3 – Site Planning and General Development Standards Chapter 18.42

Chapter 18.42 – Sign Standards

Sections
18.42.010 – Purpose and Applicability
18.42.020 – Effect of Chapter
18.42.030 – Definitions
18.42.040 – Sign Permit Required
18.42.050 – Comprehensive Sign Program
18.42.060 – Application and Review of Sign Permits
18.42.070 – Exempt Signs
18.42.080 – Prohibited Signs
18.42.090 – Billboards
18.42.100 – Temporary Signs
18.42.110 – Standards for Signs Requiring a Sign Permit
18.42.120 – Standards for Specific Sign Types
18.42.130 – Iconic Signs
18.42.140 – Electronic Digital Display Message Signs
18.42.150 – Signs in Residential Zones
18.42.160 – Signs in Commercial and Mixed-Use Zones
18.42.170 – Signs in Office and Industrial Zones
18.42.180 – Sign Construction and Maintenance
18.42.190 – Removal of Unlawful, Unsafe, and Unauthorized Signs
18.42.200 – Nonconforming Signs
18.42.210 – Revocation of Sign Permits

18.42.010 – Purpose and Applicability

A. Purpose. The purpose of this Chapter is to establish sign regulations that are consistent with the goals,
objectives, and policies of the General Plan, maintain the City’s visual and aesthetic quality, provide
adequate identification for uses and activities and improve wayfinding. The City recognizes that signs
are an essential element of a community’s visual appearance and provide a means to identify places
and promote commerce, provide useful information to the public, and should not become visual
distractions along public roadways. These regulations are intended to protect the public health, safety,
and welfare. In addition, these regulations are intended to:

1. Encourage consolidation of signs to reduce visual clutter.

2. Promote signs that are attractive, pleasing, and harmonized with the physical character of the
structure and environment of surrounding properties.
3. Promote economically stable and visually attractive places in the City.
4. Prevent an inadvertent favoring of commercial speech over noncommercial speech or favoring
of any particular noncommercial message over any other noncommercial message.
5. Encourage excellence of design.

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Chapter 18.42 Sign Standards

6. Improve traffic safety and the smooth and efficient flow of pedestrians, bicyclists, and vehicles
to their destinations.
7. Direct persons to various activities and enterprises, to provide maximum public convenience.

B. Applicability. It is unlawful to post, erect, re-erect, construct, enlarge, alter, repair, move, improve,
remove, convert, or equip any sign or sign structure, or paint a new sign, in the City, or cause or permit
the same to be done, contrary to or in violation of any of the provisions of this Chapter. Properties
located within an area governed by a specific plan are subject to regulations in this Chapter. The
provisions of this Chapter shall apply only to the extent the specific or master plan does not regulate a
particular sign or provide a standard or regulation and is not in conflict with the provisions of the plan.

C. Maximum Allowed Sign Area. All signs allowed by this Chapter shall be countable toward the
maximum allowed sign area unless stated otherwise in this Chapter.

18.42.020 – Effect of Chapter

A. Content Neutrality. It is the City’s policy and intent to regulate both commercial and noncommercial
signs from a viewpoint-neutral and content-neutral manner. The message of the sign shall not be read
or evaluated, except to determine the type and category of the sign.

B. Message Substitution. Signs authorized by this Chapter are allowed to display noncommercial
messages in lieu of any other commercial or noncommercial messages. This provision prevails over
any more specific provision to the contrary within this Chapter. The purpose of this provision is to
prevent an inadvertent favoring of commercial speech over noncommercial speech or favoring of any
specific noncommercial message over any other noncommercial message.

18.42.030 – Definitions

A-Frame Sign. A freestanding sign usually hinged at the top, or attached in a similar manner, and widening
at the bottom to form a shape similar to the letter "A." These signs are usually designed to be portable.

Animated Sign. A sign with motion, flashing lights or color or intensity changes requiring electrical energy
or electronic or manufactured sources of supply. Animated sign does not include a sign which tells only
time and temperature in alternating sequence.

Awning and Canopy sign. A nonelectric sign that is printed on, painted on, or attached to an awning or
canopy and is only permitted on the vertical surface or flap (see Figure 3-17).

Billboard. An off-site freestanding sign.

Building Frontage. The side of the building facing and measured parallel to the street for a single tenant.
On a corner parcel, either side may be considered for the structure frontage. For a multi-tenant building,
building frontage is the frontage facing the interior parking lot.

Cabinet Sign. Also referred to as wall sign or box sign, are internally illuminated signs, typically mounted
to a storefront wall with interchange panel that include sign text.

Comprehensive Sign Program. A program that is required for all new commercial, mixed-use, office, and
industrial developments with five or more signs and optional for all new commercial, mixed-use, office, and
industrial developments with less than five signs.

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Directory Sign. A sign for listing the tenants or occupants of a structure or center. This sign may be
combined with the logo sign (see Figure 3-20).

Directional Sign. A sign indicating where customers or clients need to be directed by means of arrows
(see Figure 3-19).

Eaveline. The lowest level of a roof, eave or parapet.

Freeway- and Expressway-Oriented Signs. A freestanding sign that is only allowed along designated
freeway and expressway roadways (i.e., Highway 101, 237, Interstate 280, El Camino) by the City and is
oriented for high-speed vehicle traffic.

Foot-candle. A unit of illuminance or illumination, equivalent to the illumination produced by a source of

one candle at a distance of one foot and equal to one lumen incident per square foot.

Fin, Feather or Sail Sign. A freestanding vertical banner which moves by the wind.

Freestanding Drive-Thru Menu Board. A freestanding sign which is located in the adjacent to the drive
aisle for a drive-thru establishment. Typically, these signs include a menu of options and prices (see Figure
3-26).

Freestanding Sign. A sign which is supported by one or more uprights, braces, poles, or other similar
structural components that are not attached to a structure (see Figure 3-21).

Graphics. Decorative portion of a sign not containing a commercial message, trademark or logo-type brand
name.

Iconic Sign. A sign that is considered historically significant to the City, determined by established criteria
and standards (see 18.42.130).

Logo Sign. A trademark or symbol of any business or organization. This sign may be combined with the
directory sign.

Luminous Tube Sign. A sign that consists of or is illuminated by exposed electrically charged gas-filled
tubing (e.g., neon and argon signs), or by fiber optics, or LEDs (see Figure 3-23).

Menu Board. Menus displayed on the exterior premises of a restaurant (see Figure 3-25).

Monument Sign. A monument sign is a type of Freestanding Sign that has a solid base that extends from
ground level, without the use of exposed poles or pylons (see Figure 3-21).

Nameplate. A sign indicating the name and/or address of a structure or occupant.

Nonconforming Sign. A sign that was originally lawfully erected and maintained, but which does not
conform to the current standards of this Chapter or is now prohibited.

Obsolete Sign. Sign with no relevant identification or message for a discontinued use, activity or need as
displayed on the sign.

Off-Site Sign. A sign which advertises a business, product, service or entertainment primarily conducted,
sold or offered other than upon the parcel where the sign is located.

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Chapter 18.42 Sign Standards

On-Site Sign. A sign which advertises a business, product, service or entertainment primarily conducted,
sold, or offered on the premises where the sign is located. Also, cited as on-site sign.

Painted Sign. A sign that is applied with paint or similar substance on the surface of a wall or fence (see
Figure 3-24).

Parapet. The extension of a false front or wall above a roofline.

Portable Sign. A sign that is not permanently affixed to a structure or the ground.

Projecting Sign. A sign that projects from and is supported by a wall of a structure (see Figure 3-28).

Real Estate Sign. A sign advertising real property for sale, exchange, lease, or rent.

Roof Sign. A sign erected, constructed, or placed upon or over a roof of a building, including a mansard
roof and which is wholly or partially supported by such buildings.

Service Station Gas Price Sign. A sign containing prices and grades of fuel for sale at a service station
(see Figure 3-27).

Sign. A structure or visual device or representation designed and used for the purpose of communicating
a message or identifying or attracting attention to a parcel, product, service, person, cause or event.

Sign Area. An area designated by a maximum of eight straight connected lines which enclose all words,
letters, figures, symbols, designs, and pictures, together with all framing, background material, colored or
illuminated areas and attention attracting devices forming an integral part of an individual message (see
Figure 3-16).

Sign Height. Sign height is measured by the vertical distance from the top of nearest street curb.

Subdivision Entry Sign. A monument sign identifying a subdivision and located at the entrance of a
subdivision (see Figure 3-18).

Temporary Sign. A sign intended to be displayed for a limited period of time.

Vehicle Sign. A sign which is attached to or painted on a stationary vehicle which is parked on or adjacent
to a property with the principal purpose of attracting attention to a product sold, or activity or business
located on the property.

Wall Sign. A sign attached (including painted signs) to a wall within the basic structure form. (see Figure
3-29).

Wind-Activated Signs. Signs that are move or are activated by wind. Wind-activated signs include
pennants, spinners, banners, and unofficial flags or other similar specialty items

Window Sign. A sign that is applied or attached to a window located in such a manner that it can be seen
from the exterior of the structure (see Figure 3-30).

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Article 3 – Site Planning and General Development Standards Chapter 18.42

18.42.040 – Sign Permit Required

A Sign Permit is required for all signs, except those specifically exempted in Section 18.42.070 (Exempt
Signs), below. Signs that require a Sign Permit shall be subject to approval by the Director or Commission
according to the standards specified in Section 18.42.110 (Standards for Signs Requiring a Sign Permit).

18.42.050 – Comprehensive Sign Program

A. Applicability. A Comprehensive Sign Program is required for all new commercial, mixed-use, office,
and industrial developments with five or more signs and optional for all new commercial, mixed-use,
office, and industrial developments with four or less tenants. If a Comprehensive Sign Program is
required for a project, no Sign Permit shall be approved for any sign until the Comprehensive Sign
Program has been approved by the Review Authority as conforming to the requirements of this Chapter.

B. Application contents. For any parcel on which five or more signs are proposed that require a Sign
Permit the owner(s) shall submit a Comprehensive Sign Program containing all the following:

1. An accurate plot plan of the subject property, of a quality and at a scale as the Director may
reasonably require;
2. Location of structures, parking lots, driveways, curb cuts, walkways, and landscaped areas on
the subject parcel and names of adjacent streets and other applicable uses;
3. Computation of the maximum total sign area, the maximum area for individual signs, the height
of signs and the number of freestanding signs allowed on the parcel included in the proposed
plan in compliance with this Section;
4. Drawing(s) depicting the lettering or graphic style, lighting associated with, materials, and sign
proportions (scaled) of each proposed sign; and
5. An accurate indication on the plot plan of each present and proposed future sign of any type, as
well as scaled elevations depicting the size, height, and location of each present and proposed
future sign.

C. Limit on number of freestanding signs. The Comprehensive Sign Program for all parcels with
multiple uses or multiple users shall limit the number of freestanding signs to a total of one for each
street on which the parcels included in the plan have frontage and shall provide for shared or common
usage of the freestanding signs.

D. Consent. The Comprehensive Sign Program shall be signed by all property owners or their authorized
agents in a form required by the Director.

E. Procedure. If a Comprehensive Sign Program is to be included within a development plan, site plan,
planned unit development plan, or other official plan required by the City for the proposed development,
then a Conditional Use Permit shall be processed simultaneously with other plans or permit
applications.

F. Amendment. A Comprehensive Sign Program may be amended by filing a new Comprehensive Sign
Program application that conforms to all requirements in effect at the time.

G. Nonconforming existing signs. If a new or amended Comprehensive Sign Program application is

filed for a parcel(s) on which existing signs are located, it shall include a schedule for bringing into
conformance, within three years, all signs not conforming to the proposed amended plan or the
requirements of this Chapter in effect on the date of submission.

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Chapter 18.42 Sign Standards

H. Binding effect. After approval of a Comprehensive Sign Program, no sign shall be erected, placed,
painted, or maintained, except in compliance with the program, and the program may be enforced the
same way as any provision of this Chapter.

I. Required Findings. The Director shall approve a Comprehensive Sign Program if all the following
findings can be made:

1. The sign program meets the standards and sign design criteria specified in this Chapter; and
2. The sign program is compatible with development on the subject property and developments in
the immediate vicinity of the subject property and does not detract from the character or quality
of surrounding properties.

J. Appeals. A decision by the Director may be appealed in compliance with the applicable provisions of
Chapter 18.144 (Appeals).

18.42.060 – Application and Review of Sign Permits

A. Application Submittal. A Sign Permit application shall be submitted to the Department in compliance
with all of the provisions of this Section.

B. Applications and Fees. All applications for Sign Permits shall be accompanied by drawings and
diagrams of suitable scale and clarity to fully describe the design, dimensions, proposed placement,
structural and electrical characteristics and appearance of the sign(s). In proposing signs, applicants
shall give explicit attention to designing and locating signs to ensure harmony with the existing or
proposed architecture and landscape design of the property upon which the sign is to be situated. Fees
for Sign Permits shall comply with the Planning Application Fee Schedule.

C. Expiration. If the work authorized under the properly approved Sign Permit has not been started within
60 days following the date of its issuance, the permit shall become null and void. If after 60 days from
the date of the issuance of a Sign Permit any portion of a sign has been erected and the construction
work is not completed, the Director may cause the removal of the partially completed sign.

18.42.070 – Exempt Signs

A. Exempt Signs. The following signs are allowed without a Sign Permit in any zone and shall not be
included in the determination of type, number, or area or signs allowed on each parcel. Exempted
signs shall be required to adhere to the regulations established for each sign type as provided in this
Section.

1. Signs required by Federal/State law;

2. Official signs posted by a governmental body, including, flags, banners, emblems, traffic or
highway signs, railroad crossing signs, or similar regulatory or warning devices and legal
notices;
3. Holiday displays and decorations, only when not creating a traffic hazard or located within any
visual setback area in the visibility clearance area;
4. Commemorative plaques, tables, date of construction, and similar signs constructed of
permanent material. Only one sign for each structure, not to exceed two square feet in area for
each sign is allowed;

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5. Signs located inside a structure, mall, or other similar structure, provided these signs are not
conspicuously visible and readable from a public street or adjacent properties not under the
same ownership;
6. Murals or other artistic paintings on walls, provided no names, information, logos, emblems or
other similar information or illustrations of activities associated with uses on the premises or in
the vicinity are included in the mural or painting;
7. "No Trespassing" signs. Each sign limited to one square foot in area. Signs may be placed at
each corner and each entrance to a parcel and at intervals of not less than 50 feet or in
compliance with legal requirements;
8. Real estate signs.
a. “For Rent”, “For Sale”, and “For Lease” signs shall be posted on the subject parcel,
including common driveways, that is being advertised by an authorized agent;
b. Real estate signs shall not exceed six square feet for single-family residential and 32
square feet for multi-family or non-residential for each side of a double-sided sign;
c. There shall be no more than one sign per street frontage; and
d. Illuminated real estate signs are prohibited.
9. Signs placed by utilities or other publicly regulated service providers indicating location of
underground facilities, danger, and aids to service or safety, including official advisory and signal
flags;
10. Copy changes in approved changeable copy signs;
11. Signs or notices incidental to a commercial, mixed-use, or industrial establishment (e.g., hours
of operation, credit card information, emergency contact information, help wanted, open-close)
provided the signs do not contain any commercial messages, the establishment logo, and in
total do not exceed four square feet in area for all incidental signs;
12. Memorial tablets or signs and iconic markers; and
13. Window signs not exceeding 25 percent of a tenant’s total window space. Notwithstanding the
foregoing, window signs shall not include the outline of windows with neon/LED light borders.

B. Signs related to the operation of a Mobile Food Vending Facility, provided that the aggregate sign area
of all signs on the site, including the signs related to the operation of a Mobile Food Vending Facility,
does not exceed the sign area standards in the district in which the Mobile Food Vending Facility is
operating. Routine Maintenance. Painting, repainting, or cleaning of a sign shall not be considered
erecting or altering a sign. No Sign Permit shall be required unless structural changes are proposed to
be made.

C. Building Permit may be required. Under certain circumstances, temporary signs and other exempt
signs may require a Building or Electrical Permit, as required by the uniform codes adopted by the City.

18.42.080 – Prohibited Signs

Except as otherwise provided in this Chapter, the following signs, including any sign on public property or
within the public right-of-way, except government signs, shall be prohibited throughout the City.

A. Animated Signs, including blinking and flashing lights and signs.

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B. Banners, pennants, statuary, streamers, fin, feather, whirligigs, displays, signs placed on architectural
projections and merchandise primarily designed and used for sign purposes located outside of
structures.

C. Billboards, pursuant to Section 18.42.090.

D. Nonconforming sign structure(s) reconstructed beyond the scope and limitations of Section 18.42.200
(Nonconforming Signs) of this Chapter.

E. Red, green, blue or amber lights or illuminated signs that could interfere with or be confused with any
official traffic control device or traffic signal or official directional guide signs.

F. Portable signs (including sign(s) placed on operable other than stationary vehicle).

G. Signs emitting foreign material or sound.

H. Signs on a natural feature (i.e., rock, tree, mound, hill, or mountain).

I. Signs on roof, parapet, or wall above the eave line.

J. Tethered balloon(s) or other temporarily or continuously inflatable objects used to draw attention to a
use or event.

K. Neon or LED lighting bordering the outline of windows.

18.42.090 – Billboards

A. Intent.

1. The City has had a policy since 1978 (Ordinance No. 1365) to limit the number of outdoor
advertising signs (also commonly referred to as “billboards”) in order to improve the quality of
urban life for its citizens. It had been determined that billboards, by their very nature, constitute
visual clutter and blight to the appearance of the City. It has also been determined that billboards
impede traffic safety by unduly distracting motorists and pedestrians, creating traffic hazards,
and reducing the effectiveness of signs needed to direct the public.2.
2. In 2016, the City Council approved a Master Community Plan and Comprehensive Sign Program
for the CityPlace Santa Clara Project. In adopting the Master Community Plan, the Council
made a finding that creating a specific, limited exception to the limitations on billboards for
outdoor advertising facing inward into the “City Center” portion of the CityPlace Santa Clara
Project, or facing toward Levi’s Stadium on Tasman Drive, would facilitate the City’s objective
to create a pedestrian friendly “live, work, and play” environment that would function as a well-
defined center of for the Santa Clara community. The City Council further found that creating
this specific limited exception did not weaken the direct link between the City’s objectives and
its general prohibition of new billboards, and would not denigrate the City’s interests in reducing
visual clutter and blight to the appearance of the City, and in promoting traffic safety and
reducing traffic hazards.
3. The City reasserts its policy that the obtrusive nature of billboards makes it imperative that the
City control the number, size, and location of billboards. With the exception of the billboards
authorized pursuant to the Master Community Plan for the CityPlace Santa Clara Project and
the Comprehensive Signate Program for that project (the “CityPlace Billboards”), it is the
continued position of the Council that billboards are not permitted within the jurisdictional
boundaries of the City unless a particular billboard location has been approved. In the absence

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of a billboard location receiving affirmative approval from the Council, the application shall be
denied.
4. It is the Council’s intent to permit no more billboards within the City except for the specific, limited
exception for the CityPlace Billboards. The Council intends to restrict the presence of other
billboards in the City by limiting the number of billboards other than CityPlace Billboards to those
physically in place or for which approvals have been granted as of the effective date of the
ordinance codified in this chapter. Additionally, as billboards are physically removed or
destroyed, it is the intent of the Council that the number of billboards will be permanently reduced
by that number. As of December 19, 2023, there are 14 billboards physically in place that do not
qualify as CityPlace Billboards. There are two signs which have been treated historically as
directional signs, and there is one approval for a directional sign yet to be constructed. It is the
intent of the Council to encompass all signs which conceivably could be construed as billboards
within the definition of billboard other than the CityPlace Billboards. Consequently, the total of
17 billboards is the starting point and ceiling for billboards at the effective date of the ordinance
codified in this chapter.
5. It is the express intent of the Council to permit no further billboards within the City, other than
the CityPlace Billboards, and to reduce their number through attrition rather than pay
compensation pursuant to the provisions of Article 7 (commencing with Section 5400) of Chapter
2 of Division III of the California Business and Professions Code, which provisions require
compensation for billboards removed at governmental insistence.

B. General Provisions. All Billboards, other than the CityPlace Billboards, are subject to the following:

1. Existing billboards shall not be relocated on the property.

2. There shall be no moving, rotating, or revolving signs or panels.
3. Signs are to be painted, repaired, backed with lattice when single-faced, and panels aligned as
appropriate, and maintained in good condition.
4. The signs and sites of signs are to be maintained in a clean condition, and landscaping is
required where such is practical.
5. In no event shall the total of billboards in the entire City exceed 17.
6. There are currently 17 billboards in place or approved for construction. If and when a billboard,
either nonconforming or with a permit, is physically destroyed or in a state of disrepair (50
percent or more of its reasonable construction value in either case), dismantled, removed,
ceases to be used as a billboard for at least 120 consecutive calendar days, or is in any way
terminated for any reason, the maximum number of billboards permitted to be in the City shall
be reduced by that extent.

C. Outdoor advertising display relocation requirements.

1. Subject to the provisions in SCCC 18.42.090(A) and (B) and pursuant to Section 5412 of the
California Business and Professions Code, the City may enter into agreements with advertising
display owners to provide for the relocation of outdoor advertising displays.
2. The Council, following the review and recommendation from the Commission, may approve the
relocation of advertising displays relocated pursuant to agreements made under this section.

18.42.100 – Temporary Signs

A. Sign Permit Required. A Sign Permit shall be required for all temporary commercial signs and is
subject to Director review and approval.

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B. Allowed Sign Area. Temporary sign areas are not counted under the maximum allowed sign area.

C. Temporary On-site Commercial Signs. The following signs may be allowed as on-site temporary
commercial signs in all zones on a temporary basis, subject to subsection A:

1. On-site Subdivision Signs.

a. Sign Permits for on-site subdivision signs may be issued at any time after recordation
of the final subdivision map and shall be removed following the sale of the final home
or parcel. All signs shall then be removed upon expiration of the Sign Permit, unless
renewal of the permit for a period of not more than one additional 12-month period is
approved by the Director; and
(1) On-site subdivision signs shall be continuously maintained, not adversely
affect the use and appearance of existing structures or landscaping and
shall not create hazardous traffic conditions. On-site subdivision signs are
subject to all the following standards: The construction of any sign shall be
in strict compliance with the provisions of this Chapter and all other laws
of the City.
(2) All signs shall be removed from the property prior to the sale of the final
parcel.
(3) All signs shall be located on the subdivision site which they advertise.
(4) Signs shall not exceed 10 feet in height.
(5) No sign shall exceed 32 square feet in area.
(6) Identification signs are allowed provided no more than one sign for every
five parcels with a maximum of four signs. Signs shall not exceed six
square feet in area.
(7) If the on-site subdivision sign is within the visibility clearance area of any
driveway or intersection, it shall not exceed two feet, six inches in height.
(8) Signs are allowed on parcels with a model home, provided they do not
exceed four in number and six square feet each in area. Signs shall be
removed immediately after the sale of the final parcel or home.
(9) Illuminated residential signs are prohibited.
2. Construction Project Signs.
a. A Sign Permit shall be required for any temporary construction project sign. The permit
may be issued at any time on or after issuance of a Building Permit for the structure in
question. The sign permit shall expire six months following the date on which the permit
was issued or upon the completion of construction, whichever occurs sooner. The sign
shall be removed on expiration of the permit unless, prior to expiration, the permit is
renewed on approval of the Director. The permit renewal shall not be for a period
greater than six months.
b. No more than one sign having an area not exceeding 16 square feet shall be permitted
on the construction project site. Temporary construction signs are not allowed for
residential subdivisions where temporary subdivision signs are erected.
3. Special Event Signs. Special events signs are limited to the approval of up to two permits per
calendar year for each business or organization.

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a. Holiday Special Event Signs. Holiday special event signs or banners directly related to
the holiday or special event during the holiday period or special event are permitted for
only 60 days from placement.
b. Grand Opening Banner. One temporary on-site grand opening banner for a period not
to exceed two weeks after the opening day of the newly established business as
established by the start date on the City Business Tax Certificate. The grand opening
banner shall not exceed 32 square feet in area and no higher than first story.

D. Temporary Noncommercial signs. Temporary noncommercial signs are allowed subject to the
following limitations:

1. Residential Zones and Uses. Up to four temporary noncommercial signs, each no larger than
six (6) square feet in area, are permitted per dwelling unit. Notwithstanding the foregoing, no
more than four such signs are permitted to be located in the front yard or street-facing side yard
of any residential property, whether single-family, two-family, or multi-family. Temporary Non-
Commercial Signs may be attached to freestanding sign structures no more than five feet in
height, building walls, or fences. Temporary noncommercial signs must be removed or replaced
within 60 days of placement.
2. Non-Residential and Mixed-Use Zones and Uses. Temporary Noncommercial Signs meeting
the requirements of this Section are permitted in commercial, mixed-use, and other non-
residential zones and uses. Temporary Noncommercial Signs must be removed or replaced
within 60 days of placement, and each sign shall not exceed 32 square feet in sign area. For
properties not subject to a Comprehensive Sign Program, the maximum number of Temporary
Noncommercial Signs per property at one time shall be four.
3. Signs are prohibited within a street intersection, sight distance triangle, or at a location where
the sign may interfere with, obstruct the view of, or be confused with an authorized traffic sign.
4. Signs shall not be nailed or affixed to trees, fences, or public utility polices and shall not be
located in the public right-of-way, parkway, or on publicly owned land.
5. Signs shall be removed or replaced within sixty days following placement.

18.42.110 – Standards for Signs Requiring a Sign Permit

A. Signs. Signs are allowed and shall be maintained in the zones where the sign is allowed after having
secured approval of the location, number, size, and design of the sign or advertising structure subject
to the conditions in each zone.

B. Quality of materials and workmanship. All signs shall be constructed in a workmanship manner of
durable materials intended to provide long life, ease of maintenance, high quality appearance, and
clearly legible information for the sign user and public. The Review Authority shall retain the right to
require that a licensed sign contractor(s) design, build, and/or erect the sign if the value, location, and/or
visual impact of the sign warrants this requirement.

C. Sign Area Calculations.

1. Allowable Sign Square Footage. All signs are measured based on every linear foot of structure
frontage to determine the maximum allowable sign square footage, unless noted otherwise in
18.42.120 (Standards for Specific Sign Types).
2. Sign Area Calculations. Sign area calculation is based on every linear foot of structure
frontage, to a specified amount of sign square footage. For example, if a structure has 100 feet
of linear frontage, parallel to a public street or public right-of-way and one foot of sign area is

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allowed for every foot of linear frontage the maximum allowable sign square footage would be
100 square feet. The sign area calculations described above do not include sign area from
secondary signage that is not visible from the right-of-way.
3. Sign Area Calculation. The sign surface area shall be calculated by measuring square footage
based on the height and width of sign copy (sign text) on all sign faces. See Figure 3-16 (Sign
Area Measurements).

Figure 3-17
Sign Area Measurement

D. Residential Zones. Table 3-8 (Signs Allowed in Residential Zones) provides regulations for permanent
signs in residential zones (not including mixed-use zones), and legal nonconforming residential uses in
nonresidential zones. In the case of inconsistency between regulations provided in the table and
regulations provided for specific sign types, the regulations for specific sign types shall take
precedence.

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Table 3-8
Signs Allowed in Residential Zone
Sign Class Allowed Sign Maximum Maximum Maximum Sign Class
Types Number Sign Area

Name Plate
1 per single- Below eave of
Single-Family Wall 4 sq ft
family use roof or parapet
Uses
Wall signs shall
be below the Cabinet signs
Identification
eave of the roof and internally
Sign Wall or 1 per multi-
24 sq ft or parapet. illuminated
Multifamily Freestanding family use
signs are
Uses
Freestanding prohibited
sign: 6 ft
Residential
Freestanding 2 per primary 40 sq ft for
Subdivision 6 ft 18.42.120(B)
(monument) entrance both signs
Entry Signs

E. Commercial, Mixed-Use, Office, and Industrial Zones. Table 3-9 (Signs Allowed in Commercial,
Mixed-Use, Office, and Industrial Zones) provides regulations for permanent signs in commercial,
mixed-use, and industrial zones. In the case of inconsistency between regulations provided in the table
and regulations provided for specific sign types, the regulations for specific sign types shall take
precedence.

F. Retail Signage. In addition to the standards listed in Subsection 18.42.120 and Table 3-9, retail uses
are allowed a sign area with a maximum square footage of 2 square feet per each foot of linear frontage.
Sign width is limited to 75 percent of business frontage width and 50 percent of structure wall/facia
heights.

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Table 3-9
Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones
Allowed Sign Maximum Number Maximum Sign Maximum Sign Notes
Types Area Height
Freestanding Signs
Sites with up to 1 per primary 1 square foot for Freestanding Sites with up to
150 lineal ft of structure frontage each linear foot of Signs- 12 ft 150 lineal ft of
structure frontage primary structure structure frontage
frontage
1 per primary 1 square foot for
structure frontage each linear foot of 18.42.120
Sites with over primary structure May be used in
Freestanding
150 lineal ft of frontage combination with
Signs- 12 ft
structure frontage 1 per secondary Max 50 percent of allowed structure
structure frontage area of primary signs.
sign
Structure Signs
Canopy Two per canopy if N/A Minimum of one 18.42.120(A)
both are not foot below the top
visible at the same of the parapet; the May be used in
time. sill of a second- combination with
floor window; or allowed structure
the lowest point of signs.
any cornice or roof
overhang,
whichever is
applicable.
Primary Frontage
One sign per N/A Minimum of one
awning foot below the top
Two per canopy if of the parapet; the 18.42.120(A)
both are not sill of a second-
visible at the same floor window; or May be used in
Awning/Canopy
time. the lowest point of combination with
any cornice or roof allowed structure
overhang, signs.
whichever is
applicable.
Projecting Signs One projecting 8 sq ft N/A 18.42.120(J)
sign per
establishment May be used in
combination with
allowed structure
signs.

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Table 3-9
Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones
Allowed Sign Maximum Number Maximum Sign Maximum Sign Notes
Types Area Height
One wall sign per 32 sq ft; or one
primary frontage square foot per 18.42.120(H) and
lineal foot of (K)
structure frontage,
whichever is May be used in
greater, up to a combination with
maximum sign allowed structure
Painted or Wall
area of 150 sq ft N/A signs.
Signs
One accessory Area of all
wall sign per accessory wall Total area of all
establishment for signs not to primary and
a structure with a exceed area of accessory wall
gross leasable primary wall signs signs not to
area of over exceed 150 sq ft
10,000 sq ft
Secondary Frontage
Awning/Canopy One sign per N/A Minimum of one 18.42.120(A)
Signs awning foot below the top
Two per canopy if of the parapet; the
both are not sill of a second-
visible at the same floor window; or
time. the lowest point of
any cornice or roof
overhang,
whichever is
applicable.

Projecting Signs One projecting 4 sq ft 18.42.120(J)

sign per
establishment
One additional 32 sq ft; or one
wall sign per square foot per
establishment with lineal foot of
a gross leasable structure frontage,
18.42.120(H) and
area of 10,000 sq whichever is
(K)
feet or greater with greater, up to a
a public side street maximum sign are
Painted or Wall Total area of all
of 100 sq ft
Signs primary and
One wall sign per 50 percent of sign
accessory wall
secondary area allowed for
signs not to
frontage for primary frontage
exceed 150 sq ft
structures with total for any
less than 10,00 sq combination of
ft of gross structure signs.
leasable area
Other Signs (also see Sections 18.42.150, and 170)
Subdivision Entry See Subsection 18.42.120(B) (Standards for Specific Sign Types)
Signs
Directional and See Subsection 18.42.120(C) (Standards for Specific Sign Types)
Directory Signs

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Table 3-9
Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones
Allowed Sign Maximum Number Maximum Sign Maximum Sign Notes
Types Area Height
Electronic Digital See Subsection 18.42.120(D) (Standards for Specific Sign Types)
Display Message
Signs
Freeway- and See Subsection 18.42.120(F) (Standards for Specific Sign Types)
Expressway-
Oriented Signs
Iconic Signs See Subsection 18.42.130 (Iconic Signs)
Luminous Tube See Subsection 18.42.120(G) (Standards for Specific Sign Types)
Signs (neon)
Price and Menu See Subsection 18.42.120(I) (Standards for Specific Sign Types)
Boards
Temporary Signs See Section 18.42.100 (Temporary Signs)
Window Signs See Subsection 18.42.120(L) (Standards for Specific Sign Types)

G. Location Restrictions.

1. All signs shall meet the setback requirements of the zone in which the subject parcel is located,
unless otherwise noted in Section 18.42.150 (Signs in Residential Zones), Section 18.42.160
(Signs in Commercial and Mixed-Use Zones), and Section 18.42.170 (Signs in Office and
Industrial Zones) or approved by the Director or Planning Commission.

H. Signs shall not be placed in the public right-of-way.

I. Sign Illumination.

1. Lights used to illuminate signs shall be installed to concentrate the illumination on the sign and
to minimize glare upon a public street or abutting property. Unless otherwise noted, all sign
acrylic panels shall be opaque, to only allow the text or logo to shine through, minimizing
nighttime light pollution.
2. Illuminated signs shall require the approval of a Building Permit.

J. Sign Modifications. The Director may grant a Minor Modification (Chapter 18.124) for up to 25 percent
of the requirements of this Chapter.

18.42.120 – Standards for Specific Sign Types

A. Awning and Canopy Signs. The following standards shall apply to all signs placed on an awning or
canopy attached to a structure. See Figure 3-17 (Awning and Canopy Sign).

1. Lettering, logos, symbols, and graphics are allowed on up to 25 percent of the area of a shed
(slope) portion of the awning and valance portion of the awning. Signs shall be applied flat
against the awning surface. In the case of a barrel shaped (curved) awning, signs shall not
occupy more than 60 percent of the bottom 12 inches of the awning.
2. Only permanent signs that are an integral part of the awning are allowed. Temporary signs shall
not be placed on awnings or canopies.

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3. Awning signs are allowed for first and second story commercial and mixed-use occupancies
only. No awning signs shall be allowed above the second floor.
4. Awnings shall conform to the size and shape of the window or door above which they are
located. Subject to the determination of the Director, overly large awnings and awnings with
unusual shapes designed for the purpose of providing additional sign area are not allowed.
5. A minimum of eight feet of clearance shall be provided between the lowest part of an awning or
canopy and the grade below.
6. External illumination with a full cut-off floodlight is permitted.
7. Awnings and canopies shall not be constructed of translucent materials and shall not be lighted
from under the awning/canopy (back-lit awning) so that the awning/canopy appears internally
illuminated.
Figure 3-18
Awning and Canopy Sign

B. Subdivision Entry Signs.

1. Individual Subdivision entry signs shall not exceed 75 square feet of total sign area (a double-
sided subdivision entry sign would equal 37.5 square feet per side). See Figure 3-18
(Subdivision Entry Sign).
2. Subdivision entry signs shall not exceed a height of six feet.
3. Monument style subdivision entry signs are allowed; all other sign types for subdivision entry
signs are prohibited.
4. A minimum of 50 percent of the sign area shall be devoted to subdivision identification.

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5. Up to 30 percent of the sign area may be devoted to individual business or organization logos.
6. External illumination is permitted.
Figure 3-19
Subdivision Entry Sign

C. Directional and Directory Signs.

1. Directional Signs. See Figure 3-19 (Directional Sign).

a. Directional signs shall not be counted against allowable sign area, unless the signs
include business logo, name, or advertising. If a business logo, name, or advertising is
a component of a directional sign, then the area of the sign devoted to the logo, name,
or advertising will be counted toward the allowable sign square footage.
b. If the directional sign is located within the visibility clearance area of any driveway or
intersection, it shall not exceed three feet in height.
c. Directional signs shall not exceed six square feet of sign area.
d. External illumination is permitted.
e. Freestanding signs shall not be located on the subject property and not within a
dedicated utility easement.

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Figure 3-20
Directional Sign

2. Directory Signs. See Figure 3-20 (Directory Sign).

a. Directory signs shall not be counted in the allowable sign area based on frontage,
unless the business logo, name, or advertising is used. If a logo is a component of a
directory sign, then the square footage of the portion of the sign that is advertising the
specific establishment will be counted toward the total allowable square footage of sign
area.
b. Directory signs shall not exceed 16 square feet of sign area.
c. Directory signs shall not exceed six feet in height.
d. If the directory sign is located within the visibility clearance area of any driveway or
intersection, it shall not exceed three feet in height.
e. Directory signs shall be placed in a landscaped bed and shall have a minimum of two
square feet of landscaping for every square foot of sign area measured at the base of
the sign.
f. External or internal illumination is permitted. External illumination by downward lighting
is prohibited.

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Figure 3-21
Directory Sign

D. Electronic Digital Display Message Signs. See Section 18.42.130 (Electronic Digital Display
Message Signs) for development standards and permit requirements.

E. Freestanding and Monument Signs.

1. Freestanding Signs.
a. A freestanding sign is allowed by the provisions of this Chapter provided the
freestanding sign complies with the provisions of this Chapter.
b. Freestanding signs may not exceed 150 square feet of sign area per individual sign (a
double-sided freestanding sign would equal 75 square feet per side).
c. Freestanding signs not exceeding six feet in height and thirty 30 square feet in total
sign area are allowed, at a minimum setback of four feet behind parcel line.
d. Freestanding signs shall not exceed a height of 20 feet.
e. If the freestanding sign is within the visibility clearance area of any driveway or
intersection, it shall not exceed three feet in height.
f. Freestanding signs shall not be located within a dedicated utility easement.
g. To ensure the readability, the minimum letter size required on all freestanding signs
shall be 10 inches. Sign copy shall not be located closer than one half-letter height to
the sign edge or other line of copy.
h. External illumination with a hooded floodlight is prohibited. Internal illumination is
permitted.
i. Freestanding signs shall be placed in a landscaped bed and shall have a minimum of
two square feet of landscaping for every square foot of sign area measured at the base
of the sign.
2. Monument Signs. See Figure 3-21 (Monument Sign).

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a. A Monument sign is allowed by the provisions of this Chapter provided the monument
sign complies with the provisions of this Chapter.
b. Monument signs may not exceed 100 square feet of sign area per individual sign (a
double-sided freestanding sign would equal 50 square feet per side).
c. Monument signs not exceeding four feet in height and thirty (30) square feet in total
sign area are allowed, at a minimum setback of four feet behind parcel line.
d. Monument signs shall not exceed a height of 12 feet.
e. If the monument sign is within the visibility clearance area of any driveway or
intersection, it shall not exceed three feet in height.
f. Monument signs shall not be located within a dedicated utility easement.
g. To ensure the readability, the minimum letter size required on all monument signs shall
be six inches. Sign copy shall not be located closer than one half-letter height to the
sign edge or other line of copy.
h. External illumination with a hooded floodlight is permitted. Internal illumination is
permitted.
i. Monument signs shall be placed in a landscaped bed and shall have a minimum of two
square feet of landscaping for every square foot of sign area measured at the base of
the sign.

Figure 3-22
Monument Signs

F. Freeway- and Expressway-Oriented Signs. See Figure 3-22 (Freeway- and Expressway-Oriented
Sign).

1. Freeway- and Expressway-Oriented signs shall be located on the same parcel on which the
structure or use is being advertised.
2. Freeway- and Expressway-Oriented signs shall not exceed 30 feet in height.
3. Freeway- and Expressway-Oriented signs may only be located on parcels located no more than
500 feet from the outside edge of a freeway right-of-way.
4. Freeway- and Expressway-Oriented signs shall not be placed within 750 feet of another
freeway-oriented sign.
5. Freeway- and Expressway-Oriented signs shall not exceed 200 square feet in sign area.
6. Freeway- and Expressway-Oriented signs shall require the approval of a Conditional Use Permit
in compliance with Chapter 18.114 (Conditional Use Permits and Minor Use Permits).
7. External illumination is prohibited.

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8. Freeway- and Expressway-Oriented signs shall be placed in a landscaped bed and shall have
a minimum of two square feet of landscaping for every square foot of sign area measured at the
base of the sign.
Figure 3-23
Freeway- and Expressway-Oriented Sign

G. Luminous Tube Signs (neon). See Figure 3-23 (Luminous Tube Sign).

1. Tubing shall not exceed one-half inch in diameter.

2. Luminous tube lighting adjacent to residential uses shall not exceed one half foot-candle
measured at the property line where the sign is located.
3. No luminous sign containing red or green colors shall be erected within 150 feet of an
intersection containing traffic lights.
4. Luminous tubes shall not be combined with any reflective materials (e.g., mirrors, polished
metal, highly glazed tiles, or other similar materials).
5. Luminous tube lighting shall not be used to surround a window, door, or similar element except
as part of an allowed sign.

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Figure 3-24
Luminous Tube Sign

H. Painted Signs. See Figure 3-24 (Painted Sign).

1. Painted signs shall not exceed 150 square feet per individual sign on the primary street frontage
and 100 square feet on the secondary street frontage of a corner parcel. The signs shall count
toward the maximum allowable sign area.
2. Painted signs shall be centered on structures unless otherwise determined by the Director due
to existing architectural features of the structure.
3. If a structure is located on a corner parcel with two street frontages, both frontages may be used
when calculating allowable sign area.
4. To ensure the readability, the minimum sign letter size shall be six inches.
5. External illumination with a hooded floodlight is permitted.

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Chapter 18.42 Sign Standards

Figure 3-25
Painted Sign

I. Price and Menu Boards.

1. Menu Boards (Excluding Freestanding Dive-thru menu boards). See Figure 3-25 (Menu
Board Sign).
a. Menu boards are not counted against the maximum allowable sign area.
b. Menu boards shall not exceed 30 square feet in area.
c. Menu boards shall be located at the front entrance to the establishment and mounted
flat against the wall.
d. Internal or external illumination is permitted.
Figure 3-26
Menu Board Sign

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2. Freestanding Drive-thru Menu Boards. See Figure 3-26 (Freestanding Drive-thru menu
Board).
a. Freestanding Drive-thru menu and price boards are not counted against the maximum
allowable sign area.
b. Each menu board shall not exceed 12 square feet in area.
c. No more than two menu boards are allowed per establishment.
d. Freestanding Drive-thru menu boards shall be located along the drive-thru lane a
minimum of eight feet from the entrance of the lane.
e. External illumination is prohibited.
f. Freestanding Drive-thru menu boards shall be placed within a landscaped bed and
shall have two square feet of landscaping for every square foot of sign area measured
at the base of the menu board.
Figure 3-27
Freestanding Drive-thru Menu Board Sign

3. Service Station Gas Price Sign. See Figure 3-27 (Service Station Gas Price Sign).
a. Service station gas price sign shall not exceed 25 square feet of sign area for each
side of a double-sided sign.
b. The service station gas price sign is not allowed to be located within the visibility
clearance area of any driveway or intersection.
c. No more than two service station gas price signs are permitted per service station.
Each of the allowed two service station gas price signs is permitted to have two sides.
d. External illumination is prohibited.
e. Static LED price figure displays are permitted.
f. Service Station Gas Price Sign shall be placed within a landscaped bed and shall have
two square feet of landscaping for every square foot of sign area measured at the base
of the menu board.

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Chapter 18.42 Sign Standards

Figure 3-28
Service Station Gas Price Sign

J. Projecting Signs. See Figure 3-28 (Projecting Sign).

1. Projecting signs shall not exceed the height of the structure to which they are attached.
2. Projecting signs are not counted against the maximum allowable sign area.
3. No more than one projecting sign is permitted per street frontage.
4. Projecting signs shall not project more than five feet from the supporting wall.
5. Projecting signs shall not exceed eight square feet of sign area.
6. Projecting signs shall be no less than eight feet from grade or any underlying walkway or
thoroughfare.
7. Projecting signs shall not be internally illuminated but may be floodlighted. No projecting sign
shall have a clearance of less than eight feet over public sidewalks or less than 14 feet where it
extends over any vehicular driveway or parking area.

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Figure 3-29
Projecting Sign

K. Wall Signs. See Figure 3-29 (Wall Sign).

1. Wall signs shall be attached flat against a structure and parallel to the face of the structure wall.
2. Wall signs shall not project more than 12 inches from the wall and shall not project above the
roof line or extend over a public sidewalk or right-of-way.
3. To ensure the readability, the minimum letter size allowed shall be six inches. Sign copy shall
not be located closer than one half-letter height to the sign edge or other line of copy.
4. If a structure is situated on a corner parcel with two street frontages, both frontages may to be
used when calculating allowable sign area.
5. Wall signs shall be no less than eight feet from grade or any underlying walkway or thoroughfare.

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Chapter 18.42 Sign Standards

Figure 3-30
Wall Sign

L. Window Signs (permanent and temporary). See Figure 3-30 (Window Sign).

1. Window signs shall be allowed only on windows located on the ground floor and second story
of a structure. Window signs are not allowed above the second story.
2. Window signs shall not count toward the maximum allowable sign area.
3. The placement of window signs shall allow for the bottom 24” of each window on the ground
floor to be left clear for the unobstructed observation by safety personnel (e.g., Santa Clara
Police Department, County Sherriff, private security, etc.).
4. Window signs shall not cover more than 25 percent of each individual window on either a primary
or secondary building frontage. A window is considered to be any glazed area, including glass
curtain walls.
5. Window advertisements using specialized window chalk and/or window markers are prohibited.
6. Illumination of window signs is prohibited.

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Figure 3-31
Window Sign

18.42.130 – Iconic Signs

A. Applicability.

1. Approved iconic signs may be an allowed non-conforming sign and any alterations require a
Sign Permit approved by the Director.
2. This Section applies to legally established existing signs in the City that meet all of the following
requirements and criteria, as determined by the Director:

B. Sign requirements. Iconic signs shall meet all of the following sign requirements:

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Chapter 18.42 Sign Standards

1. The sign uses materials and technology representative of its historical period of construction.
2. The sign is structurally safe or can be made safe without substantially altering its historical
appearance.

C. Iconic Sign Criteria. Iconic signs shall meet all of the following criteria:

1. The sign exemplifies the cultural, economic, and historic heritage of the City.
2. The sign is unique.
3. The sign is originally associated with a business only found in the City, Santa Clara County, or
the State; or there is historical documentation to support its preservation.
4. The sign retains a majority of its character-defining features. If the character-defining features
have been altered or removed, the majority must be potentially restorable to their historic
function and appearance.
5. The sign is at least 50 years old.

18.42.140 – Electronic Digital Display Message Signs

A. Applicability. This Section applies to all electronic digital display message signs, including billboards
(Section 18.42.090) and is intended to implement and comply with the California Outdoor Advertising
Act of 2014, California Business and Professions Code Section 5200 et seq., as related to outdoor
advertising displays, and Section 131 of Title 23 of the United States Code, including any amendments
as may be adopted from time to time.

B. No Exception to Billboard Limitations. The standards set forth in this section shall not be construed
as an exception to the limitation on billboards set forth in Section 18.42.090. Consequently, any new
electronic digital display message sign must be either (1) noncommercial; (2) on-site advertising only;
(3) a billboard that replacing existing billboards pursuant to the replacement provisions of Section
18.42.090; or (4) a CityPlace Billboard.

C. Permit requirements. No electronic digital display message sign shall be erected or maintained until
a Conditional Use Permit has first been approved in compliance with Chapter 18.114 (Conditional Use
Permits) and any other applicable Federal and State statutes including the California Department of
Transportation, Outdoor Advertising Permit Requirements.

D. Conditions of approval. Approval of a Conditional Use Permit to allow an electronic digital display
message sign shall consider/include language addressing all of the following:

1. Any allowed deviations from the development standards established in Subsection E

(Development Standards), below.
2. The amount of time each day dedicated to public service announcements that will be displayed,
at no cost to the City.
3. Terms requiring periodic review to ensure compliance with the development standards and
conditions of approval.

E. Required findings. Approval of a Conditional Use Permit to allow an electronic digital display message
sign shall be based on all the following findings and any additional findings as may be required by the
Department or the Planning Commission:

1. The proposed electronic digital display message sign is to be located in an appropriate area as
defined by Subsection E (Development standards), below;

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2. The proposed electronic digital display message sign is placed in the least visually impacting
manner;
3. The Conditional Use Permit contains appropriate language addressing revenue and/or other
public benefits for the City;
4. The proposed electronic digital display message sign complies with all the applicable
operational standards specified in Subsection F, below, unless modified by the Planning
Commission, as well as all applicable Federal and State laws;
5. The placement of the proposed electronic digital display message sign will not adversely affect
residential use of property; and
6. The placement of the proposed electronic digital display message sign will not pose a traffic
hazard.

F. Development Standards.

1. Sign face dimensions. The electronic digital display message sign display area shall not
exceed 800 square feet, including border and trim, and excluding base or apron supports and
other structural members. The overall length shall not exceed 60 feet.
2. Height. Unless modified by the terms of the Conditional Use Permit, the maximum overall height
of an electronic digital display message sign shall not exceed 25 feet, measured from the
finished grade at the structure base to the top of the message sign structure.
3. Separation. No electronic digital display message sign shall be located closer than 1,500 linear
feet of another electronic display message sign, as measured from the centerline of each
support structure.
4. Support structure. All proposed electronic digital display message signs shall be designed to
have a single cylindrical column support.
5. Cutouts and attachments. No cutouts or attachments shall be allowed, unless allowed in
compliance with the conditions of the Conditional Use Permit.
6. Double-faced signs. Double-faced electronic digital display message signs shall be located on
the same cylindrical column structure and shall be positioned back-to-back. At no point, shall
the distance between the two sign faces exceed eight feet.
7. Mechanical screening. Each sign structure shall include a facing of proper dimensions to
conceal back bracing, framework, and structural members and/or any electrical equipment.
8. Owner identification. An owner identification sign shall be provided on all electronic digital
display message signs. The area of the owner identification sign shall not be counted towards
the maximum allowable sign face dimensions.
9. Undergrounding of utilities. All utilities installed in connection with the electronic digital display
message sign shall be underground.

G. Operational standards.

1. Brightness. Light produced by an electronic/digital display message sign shall not exceed a
maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a
maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as
measured from the sign’s face.
2. Dimmer control. Signs shall have an automatic dimmer control to produce a distinct illumination
change from a higher illumination level to a lower level for the time period between one half-
hour before sunset and one half-hour after sunrise.

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3. Brightness review. Each electronic digital display message sign shall be subject to a 30-day
review period during which time the Director may determine that a reduction in illumination or
turning off of the sign for certain evening hours, is necessary due to negative impacts on
surrounding property or the community in general. The Director’s determination shall be made
without regard to the message content of the sign.
4. Change of message. Messages displayed on an electronic digital display message sign shall
be a static display without change for a minimum duration eight seconds except for those
messages where the hour-and-minute, date, or temperature/weather information is updated.
Messages shall be complete within each message/display and without continuation in content
to the next message or to any other sign. The message/display shall change instantaneously
without any fading in/out, scrolling, dissolve, or similar animation.
5. No animation. Any form of moving, animated, oscillating, or rotating images, or any other design
intended to attract attention through movement or the semblance of movement on any part of
the sign is prohibited at all times.
6. Maintenance. Signs shall be properly maintained in good working order at all times. Signs shall
be designed and equipped to freeze the changeable message in one position or to go dark if a
malfunction occurs. The sign owner shall immediately stop the electronic/digital display when
notified by the City that it is malfunctioning or not complying with regulations of this Section.
7. Nonconforming sign structure. An existing sign or sign structure that is nonconforming as to
location, size, height, or other regulation shall not be changed to a new electronic digital display
message sign until all nonconformities have been eliminated.
8. Public service announcements. All electronic digital display message signs shall be required
to provide for public service announcements, including Amber Alerts, and other community
service announcements in compliance with the terms of the Conditional Use Permit.

18.42.150 – Signs in Residential Zones

A. Applicability. Only signs meeting the following standards will be permitted in residential zones,
provided that all other applicable provisions of this Chapter are complied with.

B. Development Standards.

1. Signs shall be located and erected only upon the premises occupied by the person or ancillary
business to be identified or advertised by the signs.
2. The location of all signs shall comply with the building, electrical and fire prevention codes of
the City as amended.
Table 3-10 Residential Zones Allowed Sign Types and Permits. The following sign regulations apply to
residentially zoned parcels.

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Table 3-10
Residential Zones Allowed Sign Types and Permit Requirements
Residential Zones
Allowed Sign Types
E Exempt
SP Allowed by Sign Permit
MUP Minor Use Permit (Chapter 18.124)
CUP Conditional Use Permit (Chapter 18.124)
- Not allowed
Sign Type
Additional
(See 18.42.030 for R1-6L R1-8L R-2 R-3 R-4 R-5 R-6
Regulations
sign definitions).

Audio Signs - - - - - - -
Awning/Canopy - - - - - - - 18.42.120(A)
Banners - - - SP SP SP SP
Billboards - - - - - - -
Comprehensive
- - - SP SP SP SP 18.42.050
Sign Program
Directory Sign - - - SP SP SP SP 18.42.120(C)
Directional Sign - - - SP SP SP SP 18.42.120(C)
Electronic Digital
Display Message - - - - - - - 18.42.140
Sign
Freeway – and
Expressway- - - - - - - - 18.42.120(F)
Oriented Sign
Flag E E E E E E E
Freestanding
SP SP SP SP SP SP SP 18.42.120(E)
Monument (Entry)
Historic/Memorial
E E E E E E E
Markers and Tablets
Home Occupation
- - - - - - -
Signs
Luminous Tube Sign
- - - - - - - 18.42.120(G)
(neon)
Name Plate SP SP SP SP SP SP SP
Name Plate (house
E E E E E E E
number)
Painted Sign - - - - - - - 18.42.120(H)
Freestanding Menu
- - - - - - - 18.42.120(I)
Boards (Drive-thru)
Price/Menu Boards
- - - - - - - 18.42.120(I)
(Walk-in)
Projecting - - - - - - - 18.42.120(J)
Real Estate Sign E E E E E E E
Roof Signs - - - - - - -
Service Station
- - - - - - - Figure 3-27
Price Signs
Subdivision Entry
MUP MUP MUP MUP MUP MUP MUP 18.42.120(B)
Sign
SP SP SP SP SP SP SP
Temporary On-site
E E E E E E E 18.42.100(C)
Subdivision Signs
Time/Temperature
- - - - - - -
Sign

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Chapter 18.42 Sign Standards

Table 3-10
Residential Zones Allowed Sign Types and Permit Requirements
Residential Zones
Allowed Sign Types
E Exempt
SP Allowed by Sign Permit
MUP Minor Use Permit (Chapter 18.124)
CUP Conditional Use Permit (Chapter 18.124)
- Not allowed
Sign Type
Additional
(See 18.42.030 for R1-6L R1-8L R-2 R-3 R-4 R-5 R-6
Regulations
sign definitions).

Vehicle Sign
- - - - - - -
(stationary)
Wall Sign - - - - - - - 18.42.120(K)
Window Sign - - - - - - - 18.42.120(M)
Wind-activated signs - - - - SP SP SP

C. General Residential Sign Regulations. Signs shall be placed a minimum of five feet from a front
property line and in compliance with the sight-distance triangle (Section 18.30.030) and shall be located
outside of a dedicated utility easement.

D. Freestanding Monument Signs.

1. Adjacent Uses. One freestanding monument sign for each single tenant, parcel, or multi-tenant
complex for institutional uses in residential zones.
2. Subdivision Entry Sign. One freestanding monument sign for each subdivision.
3. Multifamily Complex Entry Sign. Freestanding signs are not allowed for multifamily complexes
containing less than 20 dwelling units. One freestanding monument sign for each multifamily
complex containing 20-36 units. Two freestanding signs are permitted for multifamily complexes
containing more than 37 units.

18.42.160 – Signs in Commercial and Mixed-Use Zones

A. Applicability. Only signs meeting the following standards will be permitted in commercial and mixed-
use zones, provided that all other applicable provisions of this Chapter are complied with.

B. Development Standards. Signs shall be located and erected only upon the premises occupied by the
person or business to be identified or advertised by the signs. The location of all signs shall comply
with the building, electrical and fire prevention codes of the City as amended.

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C. Table 3-11 Commercial and Mixed-Use Zones Allowed Sign Types and Permit Requirements.

Table 3-11
Commercial and Mixed-Use Zone Allowed Sign Types and Permit Requirements
Commercial and Mixed-Use Zones
Allowed Sign Types
E Exempt
SP Allowed by Sign Permit
MUP Minor Use Permit (Chapter 18.124)
CUP Conditional Use Permit (Chapter 18.124)
- Not allowed
Sign Type
MU- MU- MU- Additional
(See 18.42.030 for C-C C-D C-N C-R
NC CC RC Regulations
sign definitions).

Audio Signs - - - - - - -
Awning/Canopy SP SP SP SP SP SP SP 18.42.120(A)
Banners SP SP SP SP SP SP SP
Billboards - - - - - - -
Comprehensive Sign SP SP SP SP SP SP SP 18.42.050
Program
Directory Sign SP SP SP SP SP SP SP
Electronic Digital - - CUP CUP - - - 18.42.140
Display Message Sign
Freeway- and SP - SP SP MUP MUP MUP 18.42.120(F)
Expressway- Oriented
Sign
Flag E E E E E E E
Freestanding SP SP SP SP SP SP SP 18.42.120(E)
Monument
Historic/Memorial E E E E E E E
Markers and Tablets
Iconic Sign SP SP SP SP SP SP SP 18.42.130
Luminous Tube Sign - SP SP SP SP SP SP 18.42.120(G)
(neon)
Name Plate SP SP SP SP SP SP SP
Name Plate (address E E E E E E E
Painted SP SP SP SP SP SP SP 18.42.120(H)
Freestanding Menu SP SP SP SP SP SP SP 18.42.120(I)
Boards (Drive-thru)
Price/Menu Boards E E E E E E E 18.42.120(I)
(Walk-in)
Projecting SP SP SP SP SP SP SP 18.42.120(J)
Real Estate Sign E E E E E E E
Roof Signs - - - - - - -
Service Station Gas - SP SP SP - - - Figure 3-27
Price Signs
Subdivision Entry Sign MUP MUP MUP MUP CUP CUP CUP 1842.120(B)
Subdivision Sign SP SP SP SP SP SP SP
Temporary SP SP SP SP SP SP SP
Time/Temperature - SP SP SP - - -
Sign
Wall SP SP SP SP SP SP SP 18.42.120(K)

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Chapter 18.42 Sign Standards

Commercial and Mixed-Use Zones

Allowed Sign Types
E Exempt
SP Allowed by Sign Permit
MUP Minor Use Permit (Chapter 18.124)
CUP Conditional Use Permit (Chapter 18.124)
- Not allowed
Sign Type
MU- MU- MU- Additional
(See 18.42.030 for C-C C-D C-N C-R
NC CC RC Regulations
sign definitions).

Window SP SP SP SP SP SP SP 18.42.120(L)
Wind-activated signs SP SP SP SP SP SP SP

D. General Commercial and Mixed-Use Sign Location Regulations. Sign shall be placed a minimum
of five feet from the front property line and shall not be located within a dedicated utility easement,
unless otherwise noted in Section 18.42.120.

E. Specific Commercial and Mixed-Use Sign Regulations. Signs shall be in compliance with Table 3-
11 (Commercial and Mixed-Use Zone Allowed Sign Types and Permit Requirements).

1. Freestanding Monument Sign. Freestanding monument signs shall provide landscaping at the
sign base, with a minimum of four-square feet per square foot of sign area.
2. Expressway-Oriented Sign. Expressway-oriented signs shall meet the setback requirements
of the zone in which they are located. Conditions of approval may increase the required setbacks
from designated expressways and corridors.

18.42.170 – Signs in Office and Industrial Zones

A. Applicability. Only signs meeting the following standards will be permitted in office and industrial
zones, provided that all other applicable provisions of this Chapter are complied with.

B. Development Standards. Signs shall be located and erected only upon the premises occupied by the
person or business to be identified or advertised by the signs. The location of all signs shall comply
with the building, electrical and fire prevention codes of the City as amended.

C. General Office and Industrial Sign Location Regulations. Sign shall be placed a minimum of five
feet from the front property line and shall not be located within a dedicated utility easement.

D. Table 3-12 Office and Industrial Zones Allowed Sign Types and Permit Requirements.

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Table 3-12
Office and Industrial Zones Allowed Sign Types and Permit Requirements
Office and Industrial Zones
Allowed Sign Types
E Exempt
SP Allowed by Sign Permit
MUP Minor Use Permit (Chapter 18.124)
CUP Conditional Use Permit (Chapter 18.124)
- Not allowed
Sign Type
LO-RD HO-RD LI HI Additional Regulations
(See 18.42.030 for sign definitions).

Audio Signs - - - -
Awning/Canopy SP SP SP SP 18.42.120(A)
Banners SP SP SP SP
Billboards - - - -
Comprehensive Sign Program SP SP SP SP 18.42.050
Directory Sign SP SP SP SP 18.42.120(C)
Directional Sign SP SP SP SP 18.42.120(C)
Electronic Digital Display - CUP - - 18.42.140
Message Sign
Freeway- and Expressway- CUP CUP CUP CUP 18.42.140(F)
Oriented Sign
Flag E E E E
Freestanding Monument SP SP SP SP 18.42.120(E)
(Entry)
Historic/Memorial Markers E E E E
and Tablets
Iconic Sign SP SP SP SP 18.42.130
Home Occupation Sign - - - -
Luminous Tube Sign (neon) SP SP SP SP 18.42.120(G)
Name Plate SP SP SP SP
Name Plate (house number) - - - -
Painted Sign SP SP SP SP 18.42.120(H)
Freestanding Menu Boards - - - - 18.42.120(I)
(Drive-thru)
Price/Menu Boards (Walk-in) SP SP SP 18.42.120(I)
Projecting Sign SP SP SP SP 18.42.120(J)
Real Estate Sign E E E E
Roof Signs - - - -
Service Station Gas Price - - - SP Figure 3-27
Signs
Subdivision Entry Sign MUP MUP MUP MUP 18.42.120(B)
Subdivision Sign SP SP SP SP
Temporary Sign SP SP SP SP
Time/Temperature Sign CUP CUP CUP CUP
Vehicle Sign (stationary) - - - -
Wall Sign SP SP SP SP 18.42.120(K)
Window Sign SP SP SP SP 18.42.120(L)
Wind-activated signs SP SP SP SP

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18.42.180 – Sign Construction and Maintenance

Signs and their components shall be regularly maintained and kept in good repair and appearance at all
times. If a sign is not properly maintained, it shall be removed or repaired within 30 days, following written
notice of insufficient maintenance by the Director or by the Building Official, or their designee.

18.42.190 – Removal of Unlawful, Unsafe, and Unauthorized Signs

A. Abandoned Signs.

1. Removal of Abandoned Signs.

a. An abandoned sign shall be removed by the owner or lessee of the premises upon
which the sign is located immediately upon closure of the business or the end of the
event.
b. A sign frame or structure that supported an abandoned sign and that conforms to all
applicable regulations shall be allowed to remain in place, however, the sign’s printed
content shall be removed, and a blank panel should be put in its place. However, in
the event a sign frame or structure is inconsistent with the regulations of this Chapter,
the sign structure and/or frame shall be either altered to comply with the regulations of
this Chapter or removed by the owner or lessee of the property.
c. Signs considered by the City to have iconic value or cultural significance shall be
exempt from the provisions of this Subsection.
d. If the owner or lessee fails to remove the sign, the City, following proper notice, may
have the sign removed.
2. Recovery of costs. When the City is required to remove an abandoned sign, the reasonable
cost of the removal and storage may be assessed against the owner of the sign(s) and/or the
property owner. If not paid, the applicable costs may be imposed as a tax lien against the
property.

B. Dangerous and/or Defective Signs. It is unlawful for any business or residential property owner or
lessee to maintain or permit to be maintained on any business or residential property any sign that is
in a dangerous or defective condition. A sign shall be removed by the owner of the sign, owner or lessee
of the property, or the Director, at the expense of the owner of the sign or property. Alternatively, the
sign shall be repaired by the owner or lessee at the expense of the owner or lessee.

18.42.200 – Nonconforming Signs

A. Amortization of Nonconforming Signs. Nonconforming signs shall be removed or altered to be

conforming as provided below.

1. Residential Zones. Legal nonconforming on-site signs that are in a residential zone shall be
removed from the site without any compensation (i.e., financial or otherwise) after the expiration
of 10 years from the date the sign became nonconforming. Upon the expiration of the
amortization period, the sign shall be an illegal use subject to immediate removal.
Nonconforming on-site signs that are also illegal signs (i.e., never obtained the required permits)
shall be removed immediately from the site without any compensation.
2. Commercial, Mixed-Use, Office, and Industrial Zones. Legal nonconforming commercial,
mixed-use, office, and industrial signs and billboards existing at the time this Zoning Code
became effective may be continued, although the use does not conform with these provisions,

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provided these nonconforming signs and billboards and their supporting structures shall be
completely removed by their owners/lessees, unless made to fully conform to the provisions of
this Chapter, no later than 10 years following the effective date of this Zoning Code, unless
specified otherwise in Section 18.42.090 (Billboards).

B. Continuance of Nonconforming Signs. A nonconforming sign may be continued and shall be

maintained in good condition as required by these regulations, but it shall not be:

1. Structurally changed to another nonconforming sign, but its pictorial content may be changed;
2. Structurally altered to prolong the life of the sign, except to meet safety requirements;
3. Expanded or altered in a manner that increases the degree of nonconformity; or
4. Reestablished after damage or destruction if the estimated cost of reconstruction exceeds 50 of
the replacement costs as determined by the Building Division.

C. New signs on sites with nonconforming signs. No new sign shall be approved for a site, structure,
or use that contains a nonconforming sign, unless the nonconforming sign is first removed or modified
to fully comply to the provisions of this Chapter. No discretionary land use permits shall be issued for
any structures, expansions, or new construction on a site that contains nonconforming signs, unless all
signs on the site are brought into compliance with this Chapter. This does not include interior alterations
that do not substantially change the character or intensity of the site.

D. Ordinary Maintenance, Painting and/or Repair. Nonconforming signs may only be maintained,
painted, and/or repaired (i.e., repairs shall be limited to cosmetic enhancements/refinements but no
structural alterations, unless required by the Building Division) in place and may not be removed from
their existing location, except for temporary remodeling of the structure to which the sign is attached or
termination of the sign. See Subparagraph F. (Structure remodeling), below.

E. Change of Business Ownership. Upon a change of ownership, the new owner/lessee of a

nonconforming sign may change a name(s) on the sign so long as there is no change in the structure
or configuration of the sign.

F. Structure Remodeling. Nonconforming signs may be removed for remodeling the structure to which
the sign is attached and shall be replaced immediately after the remodeling is completed. No alteration
of the sign channel letters, cabinet or sign structure is allowed.

18.42.210 – Revocation of Sign Permits

See Article 7 (Administration) Chapter 18.150 (Permit Modifications and Revocations) for Revocation
Procedures.

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Chapter 18.42 Sign Standards

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3-96 July 2025 Santa Clara Zoning Code, Title 18

 Article 4 – Standards for Specific Land Uses

July 2025
Title 18 – Zoning Code
1) For use in Chapter Numbers
TABLE OF CONTENTS

Chapter 18.60 - Standards for Specific Land Uses --------------------------------------- 1

18.60.010 – Purpose and Applicability ----------------------------------------------------------------------------------- 1
18.60.020 – Accessory Dwelling Units ----------------------------------------------------------------------------------- 2
18.60.030 – Accessory Uses------------------------------------------------------------------------------------------------ 6
18.60.040 – Alcoholic Beverage Sales and Service ------------------------------------------------------------------- 6
18.60.050 – Bed and Breakfast Inns -------------------------------------------------------------------------------------- 7
18.60.060 – Caretaker Housing -------------------------------------------------------------------------------------------- 8
18.60.070 – Child Day Care Facilities ------------------------------------------------------------------------------------ 8
18.60.080 – Assisted Living Facilities / Congregate Care ----------------------------------------------------------- 9
18.60.090 – Data Centers --------------------------------------------------------------------------------------------------- 9
18.60.100 – Drive-in/Drive-Through Establishments ---------------------------------------------------------------- 10
18.60.110 – Emergency Shelters ---------------------------------------------------------------------------------------- 11
18.60.120 – Home Occupations ------------------------------------------------------------------------------------------ 13
18.60.130 – Live-Work Facilities ----------------------------------------------------------------------------------------- 15
18.60.140 – Outdoor Dining and Seating ------------------------------------------------------------------------------ 15
18.60.150 – Outdoor Displays and Sales ------------------------------------------------------------------------------ 17
18.60.160 – Outdoor Storage --------------------------------------------------------------------------------------------- 19
18.60.170 – Personal Services, Restricted ---------------------------------------------------------------------------- 20
18.60.180 – Recycling Facilities ------------------------------------------------------------------------------------------ 21
18.60.190 – RESERVED SECTION ------------------------------------------------------------------------------------ 25
18.60.200 – Vehicle Repair and Maintenance Facilities ----------------------------------------------------------- 25
18.60.210 – Vehicle Sales Facilities ------------------------------------------------------------------------------------ 26
18.60.220 – Vehicle Service Stations ----------------------------------------------------------------------------------- 27
18.60.230 – Massage Establishments ---------------------------------------------------------------------------------- 28
18.60.240 – Certified Farmers’ Markets -------------------------------------------------------------------------------- 29
18.60.250 – Short-Term Rentals of Residential Property ---------------------------------------------------------- 31
18.60.260 – Electric Power Plants --------------------------------------------------------------------------------------- 34
18.60.270 – Developments Located Within the Airport Influence Area ----------------------------------------- 34
18.60.280 – Mobile Food Vendors --------------------------------------------------------------------------------------- 35
Chapter 18.62 - Adult Business Uses --------------------------------------------------------39
18.62.010 – Purpose and Applicability --------------------------------------------------------------------------------- 39
18.62.020 – Location of Adult-Oriented Business Uses ------------------------------------------------------------ 39
Chapter 18.64 - Density Bonus and Affordable Housing ------------------------------40
18.64.010 – Purpose and Applicability --------------------------------------------------------------------------------- 40
18.64.020 – Eligibility for Bonus, Incentives, or Concessions----------------------------------------------------- 40
18.64.030 – Allowed Density Bonuses --------------------------------------------------------------------------------- 43
18.64.040 – Allowed Incentives or Concessions --------------------------------------------------------------------- 50
18.64.050 – Parking Requirements in Density Bonus Projects --------------------------------------------------- 52
18.64.060 – Bonus and Incentives for Development with Childcare Facilities -------------------------------- 53
18.64.070 – Continued Availability -------------------------------------------------------------------------------------- 54
18.64.080 – Location and Type of Affordable Dwelling Units ----------------------------------------------------- 55
18.64.090 – Processing of Bonus Requests -------------------------------------------------------------------------- 56
18.64.100 – Density Bonus Agreements ------------------------------------------------------------------------------- 56
18.64.110 – Controls of Resale ------------------------------------------------------------------------------------------ 58
18.64.120 – Waiver of Standards ---------------------------------------------------------------------------------------- 58
18.64.130 – Mixed Use Density Bonuses ------------------------------------------------------------------------------ 59

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Table of Contents Article 4 – Standards for Specific Land Uses

18.64.140 – Parking relief for 100% affordable projects ----------------------------------------------------------- 60

Chapter 18.66 - Wireless Telecommunications Facilities -----------------------------63
18.66.010 – Purpose and Applicability --------------------------------------------------------------------------------- 63
18.66.020 – Definitions ----------------------------------------------------------------------------------------------------- 64
18.66.040 – Permits Required -------------------------------------------------------------------------------------------- 66
18.66.050 – Application Requirements --------------------------------------------------------------------------------- 67
18.66.060 – Location Requirements ------------------------------------------------------------------------------------ 68
18.66.070 – Facility Design and Developmental Standards ------------------------------------------------------- 69

TABLES

Table 4-1 Home Occupation Standards ----------------------------------------------------------------------------- 4-13

Table 4-2 Standards for Reverse Vending Machines ------------------------------------------------------------ 4-22
Table 4-3 Standards for Small Recycling Collection Facilities ------------------------------------------------- 4-23
Table 4-4 Standards for Recycling Collection Facilities, Processing, and Transfer Facilities ---------- 4-24
Table 4-5 Bonus for Lower Income Households -------------------------------- ---------------------------------- 4-44
Table 4-6 Bonus for Very Low-Income Households ---------------------------- ---------------------------------- 4-44
Table 4-7 Bonus for Moderate-Income Households ---------------------------- ---------------------------------- 4-45
Table 4-8 Bonus for Low-Income Student Housing -------------------------------------------------------------- 4-46
Table 4-9 Basic Bonus -------------------------------------------------------------------------------------------------- 4-47
Table 4-10 Additional Bonus for Very Low-Income Households ---------------------------------------------- 4-50
Table 4-11 Additional Bonus for Moderate-Income Households ---------------------------------------------- 4-50

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Article 4 – Standards for Specific Land Uses Chapter 18.60

Chapter 18.60 - Standards for Specific Land Uses

For use in Chapter Numbers

Sections

18.60.010 – Purpose and Applicability

18.60.020 – Accessory Dwelling Units
18.60.030 – Accessory Uses
18.60.040 – Alcoholic Beverage Sales and Service
18.60.050 – Bed and Breakfast Inns
18.60.060 – Caretaker Housing
18.60.070 – Child Day Care Facilities
18.60.080 – Assisted Living Facilities / Congregate Care
18.60.090 – Data Centers
18.60.100 – Drive-in/Drive-Through Establishments
18.60.110 – Emergency Shelters
18.60.120 – Home Occupations
18.60.130 – Live-Work Facilities
18.60.140 – Outdoor Dining and Seating
18.60.150 – Outdoor Displays and Sales
18.60.160 – Outdoor Storage
18.60.170 – Personal Services, Restricted
18.60.180 – Recycling Facilities
18.60.190 – RESERVED SECTION
18.60.200 – Vehicle Repair and Maintenance Facilities
18.60.210 – Vehicle Sales Facilities
18.60.220 – Vehicle Service Stations
18.60.230 – Massage Establishments
18.60.240 – Certified Farmers’ Markets
18.60.250 – Short-Term Rentals of Residential Property
18.60.260 – Electric Power Plants
18.60.270 – Developments Located Within the Airport Influence Area
18.60.280 – Mobile Food Vendors

18.60.010 – Purpose and Applicability

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

Applicability.

The standards in this Chapter apply to the specified uses in all zones.
These standards shall be considered in combination with the standards for each zone in Article
2 (Zones, Allowable Uses, and Development Standards), and Article 3 (Site Planning and
General Development Standards). Where there may be a conflict, the standards specific to
the zone or specific land use shall override the general standards in this Chapter.

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Chapter 18.60 Standards for Specific Land Uses

All structures, additions to structures, and uses shall conform to the standards of this Chapter
as determined applicable by the Director.
Wherever a distance or location/separation requirement is applied in this Article, the distance
or location/separation shall be measured in a straight line, without regard to intervening
structures or objects, from one property line to another property line of the parcel on which the
use(s) is located.

18.60.020 – Accessory Dwelling Units

A. Ministerial ADU Approval on Single-Family Parcels. The City shall ministerially approve the
construction of accessory dwelling units (ADUs) through the issuance of a Zoning
Clearance on any single-family residential parcel to create any of the following:

1. One detached ADU;

2. One attached ADU or one attached JADU, subject to the following:

a. The attached ADU has exterior access and matches the height of the
existing or proposed building or an existing accessory structure;

b. The attached ADU is within the Building Space of an existing accessory

structure or Single Family Dwelling (SFD) or a proposed SFD. Enclosed
uses within the residence, such as attached garages, are considered part
of the proposed or existing SFD.

c. The JADU has exterior access and is contained within the Building Space
of an existing or proposed Single Family Dwelling (SFD); or

d. If a permitted JADU does not include a separate bathroom, the permitted

JADU shall include a separate entrance from the main entrance to the
structure, with an interior entry to the main living area.

3. One converted ADU satisfying the requirements of subsection 18.60.020.J.

4. Any combination of one detached ADU described in Subsection 1 Above, one

attached JADU described in Subsection 2.c or 2.d, above, and one converted ADU
described in Subsection 3 above.

B. Ministerial ADU Approval on Multi-Family and Mixed-Use Parcels. The City shall
ministerially approve ADUs through the issuance of a Zoning Clearance on any multi-
family residential or mixed-use parcel to create any of the following:

Up to two detached ADUs that comply with ADU height and setback standards;
2. At least one attached ADU in a multi-family or mixed-use structure, and additional attached
ADUs up to 25 percent of the number of existing dwelling units, provided that any attached
ADUs are placed within areas of the structure that are not currently used as livable space,
including storage rooms, boiler rooms, passageways, attics, basements, or garages; or
A combination of the ADUs listed in Subsections 1. And 2., above.
For ADUs subject to ministerial approval in one of the categories above, the following shall
apply:

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Article 4 – Standards for Specific Land Uses Chapter 18.60

a. Legal nonconforming zoning conditions (setbacks, parcel coverage, etc.) do not need to
be brought into conforming status in order to obtain the Building Permit for the ADU. In
addition, illegal conditions unrelated to the construction of the ADU do not have to be
corrected as a prerequisite to the construction of the ADU. Notwithstanding the foregoing,
the City reserves its right to require correction of any illegal conditions through standard
code enforcement processes.
b. All rentals of ADUs and JADUs shall be for a term longer than 30 days.

Proposed ADUs Not Meeting Above Requirements. Proposed ADUs not falling within any of the
categories listed above may potentially still be approved but shall meet the standards specified in SCCC
Chapter 18.10 and undergo Architectural Review in compliance with Chapter 18.120.

Development Standards Applicable to All ADUs.

1. Parcel size: No minimum parcel size is required to construct an ADU or JADU on a single-
family, multi-family. Or mixed-use property.
2. Minimum floor area: 150 square feet.
3. Parking: No parking spaces are required for an ADU or JADU.
4. When a garage, carport, or covered parking structure for the SFD is demolished in conjunction
with the construction of an ADU or JADU or converted to an ADU or JADU, those off-street
parking spaces need not be replaced.

Development Standards for ADUs and JADUs on Single-Family, Multi-Family, and Mixed-Use
Parcels.

Detached ADUs.
a. Height limit: 1 story, 18 feet, excepting building elements that meet the development
standards in Subsection 2, below.
b. Setback, rear: 4 feet
c. Setback, side: 4 feet.
d. Setback, corner side: 4 feet.
e. Unit size maximum, parcels less than or equal to 5,500 square feet: 1,000 square feet.
f. Unit size maximum, parcels greater than 5,500 square feet: 1,200 square feet.
g. Detached ADUs may include a detached garage.
Additional development standards for detached ADUs greater than one story and 18 feet in
height.
a. Height limit: 1.5 stories, 25 feet
b. Setback, rear, one-story elements: 4 feet.
c. Setback, rear, multi-story elements: 15 feet.
d. Setback, side, one- and one-and-a-half-story elements: 4 feet
e. Setback, side, two-story elements: 9 feet
f. Maximum width for dormers: 40 percent of the subject building elevation.
g. Egress windows: Egress windows shall face the primary residence, as opposed to the
neighboring properties.

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Chapter 18.60 Standards for Specific Land Uses

Attached ADUs.

a. Height, number of stories: 25 feet and 2 stories

b. Setback, front: Meet the setback for the subject zone, except as provided in paragraphs
H and I.
c. Setback, side: 4 feet.
d. Setback, rear, one-story elements: 4 feet.
e. Setback, rear, multi-story elements: 15 feet.
f. Unit size: 1,000 square feet or 50 percent of the size of the main unit (minimum of 800
square feet), whichever is less.
g. All attached ADUs subject to ministerial approval shall be constructed within the setbacks
required and at a maximum height of 25 feet will still qualify as being within the “building
space” if it includes an expansion of an existing SFD or accessory structure by up to 150
square feet for purpose of creating ingress/egress. Such an expansion may exceed the
zoning requirements for the main SFD (such as parcel coverage and setbacks).
h. For the purposes of ADUs, “Building Space” shall mean the walls of a proposed SFD or
an existing SFD or accessory structure. However, an attached ADU will still qualify as
being within the “building space” if it includes an expansion of an existing accessory
structure by up to 150 square feet for purpose of creating ingress/egress. Such an
expansion may exceed the zoning requirements for the main SFD (such as parcel
coverage and setbacks).

Development Standards for JADUs. JADUs are attached ADUs built within the building space of an
existing or proposed structure.

The maximum area of a JADU is 500 square feet.

All JADUs must be constructed within the walls of a proposed or existing SFD. The 150-square
foot “building space” expansion is not available for JADUs. JADUs are not permitted in
accessory structures.
A JADU shall contain an efficiency kitchen (a cooking facility with appliances, a food
preparation counter, and storage cabinets).
A JADU may include separate bathroom facilities or may share bathroom facilities with the
main SFD. If a permitted JADU does not include a separate bathroom, the permitted JADU
shall include a separate entrance from the main entrance to the structure, with an interior entry
to the main living area.
Owner-occupancy is required in the single-family residence in which the junior accessory
dwelling unit will be permitted. The owner may reside in either the remaining portion of the
structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be
required if the owner is another governmental agency, land trust, or housing organization.
The recordation of a deed restriction is required, which shall run with the land, shall be filed
with the permitting agency, and shall include both of the following:

a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of
the single-family residence, including a statement that the deed restriction may be
enforced against future purchasers.

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b. A restriction on the size and attributes of the JADU that conforms with this section of the
Zoning Code.

ADUs subject to Parcel Coverage, Floor Area Ratio (FAR), and Open Space Requirements.
ADUs and JADUs are subject to front setback requirements, parcel coverage, FAR, and open space
requirements, but only to the extent that such requirements would still allow for: A detached or attached
ADU of 800 square feet, that is at least 18 feet in height with four-foot rear yard and four-foot side yard
setbacks. Setbacks and side yard setbacks to be constructed in compliance with all other applicable
City development standards.

ADUs Not Meeting Ministerial Approval Standards. ADUs and JADUs not meeting ministerial
approval standards under Paragraph A, are subject to Architectural Review in compliance with Chapter
18.120 and shall meet all applicable Zoning Code regulations.

ADUs Proposed in The Location of Existing Accessory Structures. No setbacks are required for
conversions of existing structures (garages or other accessory structures) that are constructed in the
same location and to the same dimensions as the existing structure.

ADUs on Historically Designated Properties.

The City is expressly allowed to regulate parking, height, setback, landscape, Architectural
Review, maximum unit size, to require standards that prevent adverse impacts on any
properties listed in the California Register of Historical Resources.
The addition of an ADU to a property listed in the California Register of Historical Resources
requires a Significant Properties Alteration (SPA) Permit.

Standards Applicable to Converted ADUs. The following standards apply only to converted
accessory dwelling units:

Definition. A converted ADU is an ADU converted from an existing primary dwelling or

accessory structure, including but not limited to attached garages, storage areas, or similar
uses, or an accessory structure including but not limited to a studio, pool house, or other
similar structure.
Limited Expansion. Conversions may include an expansion of not more than 150 square
feet beyond the same physical dimensions as the existing structure if the expansion is for the
sole purpose of accommodating ingress and egress to the converted structure.
Exterior Access Required. The converted space or structure shall have exterior access.
Setbacks. An accessory dwelling unit or portion of an accessory dwelling unit located within
the existing space of an existing dwelling or within an existing detached accessory structure
shall not require a setback from the rear, street side, or interior side property lines.
Parking. No additional off-street parking is required for the converted accessory dwelling unit.
If replacement parking is provided, the replacement spaces shall be located in any
configuration on the same parcel as the accessory dwelling unit and may include but is not
limited to covered spaces, uncovered spaces, or tandem spaces. Replacement parking may
only occur on driveways leading to a required parking space or in rear yard on a paved
surface.
Unit Size Requirements. The conversion of an existing accessory structure or a portion of
the existing primary dwelling to an accessory dwelling unit is not subject to unit size
requirements established in this Section. For example, if an existing 2,000 square-foot
accessory structure was converted to an accessory dwelling unit, it would not be subject to
the established unit size requirements.

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Chapter 18.60 Standards for Specific Land Uses

18.60.030 – Accessory Uses

Purpose. The purpose of this Section is to regulate accessory uses throughout the City in a manner
that ensures compatibility with the primary use and surrounding existing uses and further ensures that
the accessory use is clearly incidental and subordinate to the primary use on the site.

Objectives. The following objectives shall be satisfied in approving any accessory use:

The accessory use is clearly incidental and subordinate to the primary use on the site;
The accessory use supports and enhances the primary use on the site;
The accessory use does not change the character of the primary use; and
The accessory use is compatible with the primary uses on surrounding properties.

Considerations. The following considerations shall be used in reviewing proposed accessory uses to
help determine if they will meet the above listed objectives:

The type of primary use on the site and the relationship of the proposed accessory use to the
primary use;
The size and intensity of the proposed accessory use in comparison to the primary use (with
respect to floor area, sales revenue, number of employees, traffic, etc.); and
If the primary use is existing or proposed and if existing, for how long?

Approval Process.

Application Process. An application for an accessory use shall be reviewed through one of
the following processes, at the determination of the Director:
a. As an addition to an allowed primary use located on the site where only Zoning Clearance
and no Minor Use Permit or Conditional Use Permit is required;
b. As an addition to an allowed primary use located on the site but a Minor Use Permit or
Conditional Use Permit is required for the accessory use;
c. As a major or minor modification to the existing Minor Use Permit or Conditional Use
Permit for the primary use located on the site; or
d. As a new Minor Use Permit or Conditional Use Permit for both the primary and accessory
use.
Director Determination. The determination by the Director as to the type of permit and level
of review that shall be required for an accessory use shall be based on the potential for
controversy, opposition, any unresolved issues, or policy implications.

18.60.040 – Alcoholic Beverage Sales and Service

Purpose and Intent. The purpose of this Section is to regulate Alcoholic Beverage Sales associated
with a restaurant or retail establishment consistent with relevant State and Federal law. The intent is to
allow Alcoholic Beverage Sales in a way that is compatible with the primary use and surrounding
existing uses.

Permit Requirements. The Alcoholic Beverage Sales and Service are allowed in certain commercial,
mixed-use, and office and industrial zones as specified in Article 2 (Zones, Allowable Uses, and
Development Standards).

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Article 4 – Standards for Specific Land Uses Chapter 18.60

Sales and Service Incidental to a Restaurant. Alcohol Sales and Service is allowed incidental to a
restaurant, as defined in Article 8 (Definitions), provided the alcohol sales and service use conforms to
all of the following standards:

Alcohol is served only with meals at a restaurant, as defined in Article 8, which conforms to
the requirements of this Zoning Code; and
Alcohol sales and service conforms to the requirements of the California Department of
Alcoholic Beverage Control.

Tasting Incidental to a Retail Establishment. Tasting of beer, wine, or spirits incidental to the retail
sales of goods and merchandise is allowed, with Zoning Clearance approval, in compliance with this
Zoning Code and all of the following additional provisions:

The use is incidental to a retail establishment with a floor area of not less than 25,000 square
feet;
The use is limited to sampling beer, wine, or spirits sold or offered for sale by the retail
establishment for off-site consumption;
The use occurs entirely within a designated area delineated by a rope, railing, or other
temporary or permanent barrier;
The use does not occur between the hours of 9:00 p.m. and 7:00 a.m. or when the retail
establishment is closed to the public; and
The use conforms to all requirements of the California Department of Alcohol Beverage
Control.

18.60.050 – Bed and Breakfast Inns

Purpose. The purpose of this Section is to regulate the establishment and operation of Bed and
Breakfast Inns.

Zones Allowed.

Residential Zones. In residential zones, a Bed and Breakfast Inn may be located in any
single-family dwelling as determined by the Director.
Commercial Zones. In commercial zones, a Bed and Breakfast Inn may be allowed on a
parcel with an existing single-family residential dwelling converted for the purposes of lodging
as determined by the Director.

Bed and Breakfast Inns Standards. The following standards shall apply to Bed and Breakfast Inns:

Where permitted in residential zones, the primary owner(s) shall remain in residence at the
Bed and Breakfast Inn when guests are present.
A Bed and Breakfast Inn may contain no more than five guest rooms used, let or hired out for
the transient occupancy of one or more guests and operated as a commercial service
enterprise for profit or livelihood. The number of guests shall be limited by the number of
bedrooms located in the single-family dwelling.
Guests of a Bed and Breakfast Inn shall register upon arrival, stating their names, current
residence addresses and the license plate number of their vehicle (excluding common carriers
or charter bus). The registration form shall be kept by the owner for a period of at least three
years and shall be made available for examination by a representative of the City’s
Department of Finance upon notice.

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Chapter 18.60 Standards for Specific Land Uses

Bed and Breakfast Inns shall be subject to the Transient Occupancy Tax and the operator of
a Bed and Breakfast Inn shall pay in a timely manner any Transient Occupancy Tax required
by the City.
Off-street parking requirements shall comply with Chapter 18.38 (Off-Street Parking
Regulations and Design Standards).
Food service may only include limited meals (i.e., breakfasts) along with late-night snacks and
other refreshments) and shall be clearly secondary and incidental to the use of the property
for lodging purposes.
a. Food service, shall be limited to Bed and Breakfast Inn registered guests only.
b. Food service shall be subject to the approval and maintenance of a Food Facility Permit
issued by the Santa Clara County Department of Environmental Health.

18.60.060 – Caretaker Housing

Purpose. The purpose of this Section is to regulate the establishment and operation of Caretaker
Housing in compliance with Article 2 (Zones, Allowable Uses, and Development Standards).

Permit Requirements. Caretaker Housing is allowed in certain commercial, mixed-use, and office and
industrial zones as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

Development Standards. The following standards shall apply to Caretaker Housing:

Maximum Size. The Caretaker’s unit may be no larger than 800 square feet.
Maximum Bedroom. The Caretaker’s unit may have no more than one bedroom.
Parking. Only one off-street parking space shall be required.

18.60.070 – Child Day Care Facilities

Purpose. This Section provides locational, developmental, and operational standards for Child Day
Care Facilities in compliance with State law.

Standards for Child Day Care Centers. These standards apply in addition to the other provisions of
this Zoning Code and requirements imposed by the California Department of Social Services. The
establishment of a Child Day Care Center shall comply with Article 2 (Zones, Allowable Uses, and
Development Standards), and all the following standards, as applicable to the use:

Access shall be only from a collector or arterial street, or a local street if the street is developed
primarily with businesses.
Play areas shall be located at least five feet from the adjacent property lines and separated
from any contiguous residential yards by a six-foot high solid fence or wall.
The child day care center shall provide a minimum standard of 75 square feet of outdoor
activity space for each ambulatory child. The outdoor area shall be owned or leased by the
applicant and cannot be shared with other property owners unless permission is granted by
the joint owners;
All outdoor play equipment is located at least five feet from the adjacent property lines. No
outdoor play equipment shall be allowed in front yards;
Compliance with any conditions imposed by the Review Authority deemed reasonable and
necessary to satisfy the requirements of this Section.

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18.60.080 – Assisted Living Facilities / Congregate Care

Purpose and Intent. The purpose of this Section is to provide criteria that distinguish a use an assisted
living facility from an independent living arrangement, or from a dependent care facility such as a
nursing home. Whether a use qualifies as an assisted living facility will affect the zones where the use
is permitted, and how the City’s Parkland Dedication Ordinance and Affordable Ordinance apply to the
use.

Distinguishing Characteristics. The Director will determine whether a proposed use qualifies as
assisted living considering the following factors:

a. Level of care. On a spectrum of care, an assisted living facility falls between fully
independent living situations and fully dependent care. Residents of an assisted living
facility need help with activities of daily living. Residents of a nursing home, by contrast,
require frequent or perpetual care.

b. Medical conditions. Residents of independent living will have either minor medical
conditions or are completely health. Residents of a nursing home have life threatening
conditions. Residents of assisted living have minor to major medical conditions, although
some residents may not have any health concerns.

c. Kitchens. While independent living will typically provide full kitchens, and nursing homes
will provide no kitchens, assisted living will usually include a “mini” kitchen containing a
microwave and sink. Assisted living facilities will frequently also have a communal dining
area in the building.

d. Layout. Assisted Living facilities have private living areas typically ranging from studios to
2-bedrooms, in a layout similar to a hotel. Nursing homes have either private or shared
rooms in a layout similar to a hospital.

e. Personnel On-site. Independent living facilities will typically have an attendant available,
but not necessarily on site. Assisted living facilities will typically have an attendant on 24-
hour staff. Nursing homes will have nurses on 24-hour duty.

Categorization of use. The application of the City’s Parkland Dedication Ordinance and Affordable
Housing Ordinance depend upon whether a use is categorized as “residential” or “commercial.” Since
assisted living facilities have characteristics of both, the following standards shall apply, consistent with
prior City practice:

a. Affordable Housing Ordinance. The square footage of assisted living units attributable to
bedrooms will be treated as residential space, and all square footage will be treated as
commercial space.

b. Parkland Dedication Ordinance. The Parkland Dedication Ordinance will apply to the
residential units, irrespective of the presence of any service or commercial component to
the building, in the same way that the residential units in a mixed-use building would be
subject to the Ordinance.

Memory Care Excluded. Memory Care units are not considered assisted living, and are treated as a
commercial use for the Affordable Housing Ordinance and Parkland Dedication Ordinance.

18.60.090 – Data Centers

Purpose and Intent. The purpose of this Section is to establish standards for the development and
operation of Data Centers, as that term is defined in Article 8 (Definitions), as allowed by Article 2

Santa Clara Zoning Code, Title 18 July 2025 4-9

Chapter 18.60 Standards for Specific Land Uses

(Zones, Allowable Uses, and Development Standards). The intent of these standards is to regulate
Data Centers for compatibility with surrounding uses and property.

Permit Requirements. Data Centers are allowed as specified in Table 2-13 (Office and Industrial Zone
Allowed Uses and Permit Requirements).

Developmental Standards. The following standards shall apply to all Data Centers:

Primary Structure Facades. Primary structure facades shall include all structure facades that
face adjacent public roads. Primary structures may house a primary use, and secondary
(freestanding) structures may house the data center, or the data center may be included in
the primary structure. Primary structure facades associated with new construction shall meet
all of the following standards:
a. Primary structure façade design shall avoid the use of undifferentiated surfaces by
including at least two of the following design elements: change in structure height,
structure step-backs or recesses, fenestration, change in structure material, pattern,
texture, color, or use of accent materials.
b. When a primary structure has more than one facade, the facades shall be consistent in
terms of design, materials, details, and treatment.
Exterior Lighting. All exterior lighting shall be designed and constructed with cutoff and fully
shielded fixtures that direct light downward and into the interior of the property and away from
adjacent roads and properties in compliance with Section 18.40.080 (Outdoor Lighting).
Structural Noise Reduction Measures. All data centers are required to provide structural
noise reduction measures for any exterior cooling fans or equipment, such as baffles or
acoustic louvers, to the satisfaction of the Director of Community Development.

18.60.100 – Drive-in/Drive-Through Establishments

Purpose. The purpose of this Section is to establish standards for the development and operation of
Drive-In/Drive-Through Establishments as allowed by Article 2 (Zones, Allowable Uses, and
Development Standards).

Permit Requirements. Drive-In/Drive-Through Establishments are allowed as specified in Table 2-4

(Commercial Zone Allowed Uses and Permit Requirements) and Table 2-10 (Mixed-Use Zone Allowed
Uses and Permit Requirements).

Developmental Standards. The following standards shall apply to all Drive-In/Drive-Through

Establishments:

Drive-through aisles shall have a minimum 10-foot interior radius at curves and a minimum
11-foot width.
Each entrance to an aisle and the direction of traffic flow shall be clearly designated by
signs/pavement markings.
Each drive-through aisle shall be separated by curbing and landscaping from the circulation
routes necessary for ingress or egress from the property or access to a parking space.
Pedestrian walkways generally should not intersect the drive-through access aisles, but where
they do, they shall have clear visibility and be emphasized by enhanced paving or markings.
The provision of drive-through service facilities shall not justify a reduction in the number of
required off-street parking spaces.

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Drive-through access aisles shall provide at least 100 feet of space before a menu/order
board. Additional menu-only boards may be provided.
To properly screen vehicles and associated headlights in a drive-through lane from view of
abutting street rights-of-way, a minimum five-foot-wide planter shall include a minimum three-
foot-tall (maximum four-foot-tall) landscape barrier planted with shrubs and trees and other
landscaping consistent with those in the parking area. At no time shall this landscape barrier
be pruned in a manner that allows the vehicle headlights from the drive-through lane to be
visible from abutting street rights-of-way. Plantings shall also be designed to discourage
potential safety issues (e.g., persons lying in wait).
A minimum eight-foot-high solid decorative wall shall be constructed on each property line that
adjoins a residentially zoned or used parcel. The design of the wall and the proposed
construction materials shall be subject to the approval of the Director. A minimum five-foot
landscaping strip shall be provided between the fence and any driveway which shall be
maintained by the owners, developers, and/or successors-in-interest.

18.60.110 – Emergency Shelters

Purpose. The purpose of this Section is to establish standards for the development and operation of
Emergency Shelters which as allowed by Article 2 (Zones, Allowable Uses, and Development
Standards).

Location. Emergency shelters are allowed as follows:

In the C-C, C-R, and MU-VHD permitted by right.

In the R3, R4, and R5 zones, permitted by right.
In the LI Light Industrial zone, permitted by right.
In the PQP Public/Quasi-Public district, allowed with a Minor Use Permit

Permitting Requirements. An application must meet the minimum property development standards
for the applicable zoning designation on the date the operator submits the materials required by
Subsection E. (Shelter Management Plan).

Developmental and Operational Standards. The following standards shall apply to all Emergency
Shelters:

Maximum Number of Beds The maximum number of beds shall not exceed 50.
Length of Stay. The maximum stay at the facility shall not exceed 180 total days in any 365-
day period.
Intake Areas. On-site client waiting and intake areas shall be located inside the structure,
when feasible, and shall be screened from public and private property. If not feasible, an
exterior waiting area shall be provided which:
a. Contains a minimum of 10 square feet per bed provided at the facility;
b. Shall be in a location not adjacent to the public right-of-way; and
c. Shall be visibly separated from public view by a minimum six-foot-tall visual screening.
Intake Area Hours. Hours of intake shall be between the hours of 5:00 p.m. to 9:00 p.m.
Overnight occupants shall not be allowed to leave the facility on foot before 7:00 a.m. the
following morning.

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On-site Employee Requirements. A minimum of one employee for each 15 beds provided,
in addition to security personnel, shall be on duty and remain on-site during operational hours
whenever occupants are on the site.
Required Security. Security personnel shall be provided during operational hours whenever
clients are on the site and when people are waiting outside the facility.
Exterior Lighting. Exterior lighting shall be provided for the entire outdoor area of the site.
Exterior lighting shall be stationary, directed downward and away from adjacent properties
and public rights-of-way, and be of an intensity compatible with the neighborhood and the
regulations Section 18.40.080 (Outdoor Lighting).
Allowable On-site Services. The emergency shelter may provide the following services and
facilities to occupants in a designated area separate from the sleeping areas:
a. A recreation area either inside or outside the shelter. If located outside, the area shall be
screened from public view.
b. A counseling center for job placement, educational, health care, legal, or mental health
services.
c. Laundry facilities sized to properly serve the number of occupants at the shelter.
d. Kitchen for the preparation of meals.
e. Dining hall.
f. Client storage areas (i.e., for the overnight storage of bicycles and personal items).
g. Similar services supporting the needs of homeless occupants.
Annual Report to the City. The operator of the facility shall provide, via the Homelessness
Management Information System as defined by Section 578.3 of Title 24 of the Code of
Federal Regulations, at the City’s request, an annual report of the use of the facility and
determination of compliance with the City’s development standards for the use. The report
shall include information regarding client stays, client demographics, client income, and exit
destinations.
On-site Management. Professional and on-site management, with experience managing
emergency shelters, shall be provided at all times.

Shelter Management Plan.

Contents of Management Plan. The shelter operator shall demonstrate compliance with the
requirements of Subsection D. (Developmental and Operational Standards) by providing the
Director with a shelter management plan. The shelter management plan shall consist of a
written description of the characteristics of the planned shelter along with preliminary plans
for the existing or proposed shelter facility, including parking. The shelter management plan
shall address all of the following:
a. Hours of operation;
b. Admission hours and process;
c. Staff training;
d. Neighborhood outreach and privacy;
e. Security; and
f. Resident counseling and treatment.
Review by the Director. The shelter management plan is subject to approval by the Director
prior to issuance of the Certificate of Occupancy. The submission shall include sufficient detail
for the Director to assess whether the proposed shelter will satisfy the requirements specified

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in Subsection D. (Developmental and Operational Standards). Within 30 days of receiving a

complete application, the Director shall inform the proposed operator whether the submission
satisfies Subsection D., above. If the Director determines the proposed emergency shelter
fails to satisfy the requirements of Subsection D., the proposed operator shall be informed in
writing of the conclusion, the reasons for the conclusion, and the facts on which the conclusion
was based. The Certificate of Occupancy may only be issued following the Director‘s approval
of the shelter management plan.
Updates. The shelter operator shall submit a revised SMP to the Director at least 60 days
prior to changing any of the characteristics specified in the Plan. The Director shall have the
authority to veto any proposed change to the SMP that would have the potential to violate
Subsection D. (Developmental and Operational Standards).

Compliance Required. Any emergency shelter shall operate in compliance with the terms of the
shelter management plan approved by the Director, this Zoning Code, and the approved Conditional
Use Permit, if applicable.

Additional Requirements. Nothing in this Section, or approval of any Conditional Use Permit or shelter
management plan, shall relieve a proposed operator from the obligation to satisfy all applicable building,
zoning, environmental, and other laws, regulations, or ordinances that may otherwise apply to the
construction, location, or operation of the emergency shelter.

18.60.120 – Home Occupations

Purpose and Intent. The purpose of these home occupation standards is to regulate commercial and
office uses within and accessory to residential dwellings. The intent of these standards is to allow
certain home-based businesses while preserving the intended residential character of a neighborhood
and/or dwelling as contemplated in the General Plan and this Zoning Code.

Zoning Clearance Required. Home Occupations are allowed as specified in Table 2-1 (Residential
Zone Allowed Uses and Permit Requirements) and subject to the issuance of a Zoning Clearance.

General Standards. A Home Occupation meeting the requirements of this Section shall be allowed in
any dwelling unit, including a mobile home, as an incidental use of the dwelling. The provisions of this
Section shall apply to all dwelling units implemented in compliance with the requirements of this Zoning
Code, regardless of the zone in which the parcel is located.

Home Occupation Standards. The following standards shall apply to all Home Occupation activities:

Authorization. No Home Occupation shall be initiated unless and until the Department issues
a Zoning Clearance confirming compliance with the requirements specified in Table 4-1
(Home Occupation Standards), below, and all other provisions of this Section, and the
applicant has agreed in writing to operate the home occupation in compliance with all of the
requirements of this Section.
Business Tax Certificate. Issuance of a City Business Tax Certificate, commonly referenced
as a Business License, shall in no way signify authorization of a Home Occupation or
compliance of a home occupation with the requirements of this Section.
Table 4-1
Home Occupation Standards

The dwelling unit shall be the primary dwelling of

the operator(s) of the home occupation. No
No Operator/Employees Allowed
employee, assistant, or volunteer is allowed unless
the dwelling is that person’s primary dwelling,

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Table 4-1
Home Occupation Standards

except for cottage food uses, consistent with the

State Cottage Food Act (Government Code
Section 51035).
A maximum of two clients at a time are allowed at
Clients/Customers
the dwelling.
No clients are allowed at the dwelling between 7:00
Hours of Operation – Client Visits
p.m. and 9:00 a.m. daily.
The home occupation shall be conducted entirely
within the dwelling and shall not be conducted
Location within a garage, accessory structure, or outdoors.
The use shall occupy no more than 25 percent of
the dwelling’s floor area, excluding the garage.
No articles shall be displayed, sold, or offered for
sale to any customer at the dwelling except in
compliance with the garage/personal property sale
Sales provisions of Chapter 18.122 (Temporary Use
Permits) or except fresh produce (fruit and
vegetables) and cottage food products produced
on the site.
No signs are allowed except for signs allowed for a
Signs dwelling unit in compliance with Chapter 18.42
(Sign Standards).
Access to the home occupation area shall be from
Access within the dwelling. No separate entrance from the
exterior of the dwelling shall be allowed.
The use shall not generate pedestrian or vehicular
Traffic traffic beyond that which is considered normal in a
residential area.
A maximum of one commercial vehicle with a
manufacturer’s gross vehicle weight of no more
than 8,000 pounds shall be allowed on the
Vehicles premises. If the vehicle is not removed from the
residential neighborhood at least once every 72
hours, it must be stored within an enclosed
structure on the premises.
The use or storage of hazardous, flammable,
combustible, or explosive materials is not allowed
Hazardous Materials
except for materials and in such quantities as are
customarily incidental to a dwelling.
No mechanical or electrical equipment shall be
Equipment allowed other than equipment that is customarily
incidental to a dwelling.
The use shall not create a public nuisance with
regard to dust, heat, noise, odors, smoke,
Nuisance Prohibited
television or radio interference, radiation, or
vibration.

Prohibited Home Occupations.

The following uses and activities are prohibited as Home Occupations:

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a. Animal hospitals;
b. Boarding and/or rooming house for more than one guest;
c. Food catering or production except in compliance with the Cottage Food Act (Government
Code Section 51035);
d. Massage, except certified massage as defined in Article 8 (Definitions);
e. Medical doctor, chiropractor, dentist, acupuncturist, or other practitioner of the healing
arts;
f. Vehicle storage, cleaning, dismantling, installation, manufacture, repair, service;
g. Vehicle sale, lease, rental, or dispatching including via e-commerce platforms;
h. Welding; or
i. Any use that does not comply with the standards specified in this Section.
This list, from time to time, may be increased with additional classifications which are found
by the Director to change the character of the dwelling unit or adversely impact the residential
neighborhood’s character.

18.60.130 – Live-Work Facilities

Purpose. The purpose of this Section is to regulate the establishment and operation of Live-Work
Facilities in compliance with Article 2 (Zones, Allowable Uses, and Development Standards).

Permit Requirements. Live-Work Facilities are allowed in certain residential, commercial, and mixed-
use zones as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

Development Standards. The following standards shall apply to all Live-Work Facilities:

A minimum first floor to ceiling height of 12 feet shall be provided and maintained;
A minimum front room depth of 35 feet shall be provided and maintained;
A minimum of 65 percent window glazing along the front elevation shall be provided and
maintained;
Double entry doors with a minimum of 80 percent transparent glass surface area shall be
provided and maintained;
Live/work units may occupy a maximum of 25 percent of an individual structure’s ground floor
retail frontage; and
The Live-Work Facilities do not count towards any minimum commercial FAR.

18.60.140 – Outdoor Dining and Seating

Purpose and Intent. The purpose of this Section is to regulate permanent Outdoor Dining and Seating.
Temporary uses are addressed in Chapter 18.122 (Temporary Use Permits). The intent of these
regulations is to encourage outdoor dining and seating that is compatible with associated and
surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly
appearance.

Permit Requirements.

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All Outdoor Dining and Seating areas subject to the requirements of this Section shall be
allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).
Outdoor Dining and Seating areas are allowed as follows:
a. When providing 24 or fewer seats: A Zoning Clearance is required; and
b. When providing 25 or more seats: A Minor Use Permit is required.
When a Minor Use Permit is required, in order to approve proposed outdoor seating, the
Director shall make the standard findings required for the Minor Use Permit, as well as all the
following additional findings:
c. Allows a continuous pedestrian path of travel in compliance with State and Federal
accessibility regulations that will not obstruct fire, pedestrian, and wheelchair access.
d. Does not unduly interfere with pedestrian traffic on the sidewalk.
e. Does not unduly interfere with access of public employees and utility workers to meters,
fire hydrants, or other objects (street hardware) in the right-of-way.
f. Allows an unobstructed view of traffic devices.

General Developmental Standards. The following developmental standards shall apply to all Outdoor
Dining and Seating Facilities:

Location. Outdoor dining and seating shall occupy a fixed, specifically approved location that
does not disrupt the normal function of the site or its circulation and does not encroach upon
driveways, emergency vehicle/fire access lanes, landscaped areas, parking spaces,
pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities
(e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building
Code. Outdoor dining and seating shall not be located within the public right-of-way, in
required parking spaces, in designated vehicle drive aisles, or within required landscape
planter areas.
Hours of Operation. Except as otherwise provided, hours of operation for outdoor dining and
seating areas shall be consistent with those for the primary use.
Signs. No additional business identification or advertising signs for outdoor dining and seating
shall be allowed above the maximum number and allowable sign area for the corresponding
primary use as established in Chapter 18.42 (Sign Standards).
Maintenance. Outdoor dining and seating areas shall be kept free of garbage and other debris
and shall not encroach into required sidewalk clearance areas as follows: all outdoor dining
and seating areas shall leave a minimum horizontal clear space of six feet of clear sidewalk
space, or greater if the Director of Public Works determines necessary to protect pedestrian
access to the sidewalk area.
Quality of Materials. Any outdoor dining and seating area shall use high quality materials
compatible with surrounding uses and structures. For example, inexpensive plastic or
polypropylene chairs are not compatible with permanent higher quality surrounding materials
and structures. The selected materials shall be subject to the Director’s approval.
Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning
Code, no outdoor dining and seating area shall be located less than 100 feet from the property
line of a residentially zoned parcel without prior approval of a Minor Use Permit. However, a
Minor Use Permit shall not be required for the following activities when located less the 100-
foot separation requirement:
g. Service windows for pedestrians.
h. Outdoor dining and seating incidental to a restaurant or beverage/food establishment that
conforms to all the following criteria:

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(1) Is separated from residentially zoned property by a nonresidential building;

(2) Does not operate between the hours of 10:00 p.m. and 6:00 a.m. daily;

(3) Can be secured, in order to prevent access during non-business hours; and

(4) Is operated in a manner that does not create a private or public nuisance.

Operational Standards. The following operational standards shall apply to all Outdoor Dining and
Seating Areas:

Permittee to Ensure Maintenance. The permittee shall be responsible for, and exercise
reasonable care in, the inspection, maintenance, and cleanliness of the area containing the
outdoor dining and seating, including any design requirements hereafter enacted, from the
structure frontage to the curb.
Permittee to Ensure Compliance. The permittee shall restrict the outdoor dining and seating
to the approved location and ensure compliance with all applicable laws, including laws
against blocking the public right-of-way, health and safety laws, public cleanliness laws, and
laws regulating sale and public consumption of alcohol.
Alcoholic Beverage Sales. Areas in which alcoholic beverages are served shall comply with
the standards established by the State Department of Alcoholic Beverage Control.
Clean-up Facilities. Outdoor dining areas, whether part of a single restaurant or shared by
several restaurants, shall provide adequate clean-up facilities, and associated procedures, in
the following manner.
a. Cleaning Schedule. Outdoor dining areas shall be cleaned on a continual basis for
removal of litter and food items which constitute a nuisance to public health and safety;
and,
b. Waste Receptacles. Outdoor dining areas shall contain waste receptacles, which shall
not be allowed to overflow, for use by the public and/or restaurant employees.
Required Parking. No additional parking shall be required for the outdoor dining and seating
area associated with the primary use.
Entertainment. Outdoor dining and seating areas that provide dancing, entertainment, or
amplified music shall comply with the noise standards in City’s Noise Ordinance (SCCC
Chapter 9.10)

18.60.150 – Outdoor Displays and Sales

Purpose and Intent. The purpose of this Section is to regulate permanent Outdoor Displays and Sales.
Temporary uses are addressed in Chapter 18.122 (Temporary Use Permits). The intent of these
regulations is to encourage Outdoor Displays and Sales that are compatible with associated and
surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly
appearance of unrestricted clutter.

Permit Requirements.

All Outdoor Displays and Sales that are subject to the requirements of this Section shall be
allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).
When a Minor Use Permit is required, in order to approve proposed Outdoor Displays and
Sales, the Director shall make the standard findings required for the Minor Use Permit, as well
as all the following additional findings:

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a. Allows a continuous pedestrian path of travel in compliance with State and Federal
accessibility regulations that would not obstruct fire, pedestrian, and wheelchair access.
b. Does not unduly interfere with access of public employees and utility workers to meters,
fire hydrants, or other objects (street hardware) in the right-of-way.
c. Allows an unobstructed view of traffic devices.

Exemptions. The following uses shall be exempt from the requirements for a Minor Use Permit,
provided that the uses comply with all other requirements of this Section:

The seasonal sale of Halloween pumpkins or Christmas trees and greenery (regulated by
Chapter 18.122 (Temporary Use Permits).
The selling of any product from the sidewalk area of a public street.
The placement or maintenance of news racks within the public right-of-way in compliance with
the applicable provisions in the SCCC.
The vending of beverages, goods, wares, or merchandise for the use of an on-site business
when the vending facility remains on the site for one hour or less in any 24-hour period,
including Mobile Food Vendors in compliance with Section 18.60.280 (Mobile Food Vendors).

General Development Standards. The following general standards shall apply to all Outdoor Displays
and Sales activities.

Location. Outdoor Displays and Sales shall occupy a fixed, specifically approved location that
does not disrupt the normal function of the site or its circulation. The Outdoor Displays and
Sales shall not encroach upon or be located within required setbacks or public rights-of-way,
driveways, emergency vehicle/fire access lanes, landscaped areas, required parking spaces,
pedestrian walkways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste
receptacles and drinking fountains), or any other requirement listed in the Building Code.
Hours of Operation. Except as otherwise provided, hours of operation for Outdoor Displays
and Sales shall be consistent with those for the primary use.
Signs. No additional business identification or advertising signs for the Outdoor Displays and
Sales may be allowed above the maximum allowable sign area for the corresponding primary
use as established in Chapter 18.42 (Sign Standards).
Maintenance. Outdoor Displays and Sales areas shall be kept free of garbage and other
debris and shall not encroach into required sidewalk areas as follows: all Outdoor Displays
and Sales areas shall leave a minimum horizontal clear space of six feet, or greater if the
Director of Public Works determines necessary for safe pedestrian access to the sidewalk
area.
Waste Collection and Disposal. Solid waste collection, recycling, and/or disposal shall be
provided.
Quality of Materials. Any Outdoor Displays and Sales area shall use high quality materials
compatible with surrounding uses and structures. For example, inexpensive plastic is not
compatible with permanent higher quality surrounding materials and structures.
Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning
Code, no Outdoor Displays and Sales area shall be located less than 100 feet from the
property line of a residentially zoned parcel without prior approval of a Minor Use Permit.
However, a Minor Use Permit shall not be required for the following activities when located
less the 100-foot separation requirement:
a. Service windows for pedestrians or automatic teller machines for pedestrians;

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b. Plant nursery sales accessory to an indoor retail use, which outdoor sales area is no
greater than 15 percent of the gross floor area of the retail use; and
c. Display or storage of up to two on-site vehicles associated with the sale, lease, or rental
of vehicles with no vehicle service, repair, cleaning, or fueling.

Developmental and Operational Standards for Outdoor Displays and Sales. The following
standards shall apply as applicable to the specific type of use:

General Standards for Permanent Outdoor Displays and Sales. The following standards
shall apply to all permanent Outdoor Displays and Sales activities:
a. Associated with the Primary Use. All Outdoor Displays and Sales activities shall be
associated with the primary use of the parcel. Only those goods and services associated
with the primary use may be stored, sold, or displayed.
b. Maximum Area. Unless otherwise authorized by a Minor Modification, the area used for
permanent Outdoor Displays and Sales of materials shall not exceed 10 percent of the
gross floor area of the corresponding commercial structure. Vehicle and equipment sales
and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this
requirement, provided storage and display is limited to vehicles offered for sale or rental
only and all other Zoning Code requirements are satisfied.
c. Display Space. The aggregate display area shall not exceed 25 percent of the linear
frontage of the storefront or six linear feet, whichever is greater, and items may not project
more than four feet from the storefront.
d. Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas
trees, nursery trees), shall not exceed a height of six feet above finished grade, unless a
greater height is allowed through Minor Modification approval.
e. Safety Hazards. No item shall be displayed in a manner that causes a safety hazard;
obstructs the entrance to any structure; interferes with, or impedes the flow of, pedestrian
or vehicle traffic; obstructs in part or in whole an emergency vehicle/fire access lane; is
unsightly or creates any other condition that is detrimental to the appearance of the
premises or any surrounding parcel; or in any other manner is detrimental to the public
health, safety, or welfare or causes a public nuisance. The existence of a safety hazard(s)
shall be determined by the Director.
General Standards for Outdoor Vending Machines. The following standards shall apply to
all outdoor vending machines:
a. Not more than two outdoor vending machines shall be allowed for a use with up to 25,000
square feet of floor area, and not more than five outdoor vending machines shall be
allowed for a use with 25,000 square feet or more of floor area.
b. Outdoor vending machines shall be located immediately adjacent to a structure.
c. Outdoor vending machines shall be located a minimum distance of 150 feet away from
any dwelling or the parcel line of any Residential or (the residential component of a) Mixed-
Use Zoned Property or any school facility.
d. Vending machines shall not obstruct pedestrian or vehicular access.

18.60.160 – Outdoor Storage

Purpose and Intent. The purpose of this Section is to regulate permanent Outdoor Storage. Temporary
uses are addressed in Chapter 18.122 (Temporary Use Permits). The intent of these regulations is to
encourage Outdoor Storage that is compatible with associated and surrounding uses and that does not
obstruct pedestrian or vehicular circulation or create an unsightly appearance of unrestricted clutter.

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Permit Requirements. All Outdoor Storage areas that are subject to requirements of this Section shall
be allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards)

General Development Standards. The following developmental standards shall apply to all Outdoor
Storage areas.

Location. Outdoor Storage areas shall occupy a fixed, specifically approved location that
does not disrupt the normal function of the site or its circulation and does not encroach upon
required setbacks, public rights-of-way, driveways, emergency vehicle/fire access lanes,
landscaped planter areas, parking spaces, vehicle drive aisles, pedestrian walkways or
pathways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and
drinking fountains), or any other requirement listed in the Building Code.
Hours of Operation. Except as otherwise provided, hours of operation for Outdoor Storage
areas shall be consistent with those for the primary use.
Signs. No additional business identification or advertising signs for Outdoor Storage areas
shall be allowed above the maximum allowable sign area for the corresponding primary use
as established in Chapter 18.42 (Sign Standards).
Maintenance. Outdoor Storage areas shall be kept free of garbage and other debris.
Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning
Code, no use involving any Outdoor Storage of goods or merchandise shall be located less
than 100 feet from the property line of a residentially zoned parcel without prior approval of a
Minor Use Permit. However, a Minor Use Permit shall not be required for the following
activities when located less the 100-foot separation requirement: storage of up to two on-site
vehicles associated with the sale, lease, or rental of vehicles with no vehicle service, repair,
cleaning, or fueling.

Operational Standards. The following operational standards shall apply to all permanent Outdoor
Storage activities:

Location. Outdoor Storage may not be located within any required front or street side setback
for the applicable zone within which the activity is located.
Screening.
a. Outdoor Storage shall be screened from public view by a solid wall or fence or by other
screening as approved by the Director.
b. No Outdoor Storage shall extend above the height of any screening wall or fence, except
as expressly authorized through the Minor Use Permit.
c. Screening of Outdoor Storage shall comply with Chapter 18.34 (Fences, Walls, and
Hedges).
Off-Street Parking. Off-street parking associated with permanent Outdoor Storage shall
comply with Chapter 18.38 (Off-Street Parking Regulations and Design Standards).

18.60.170 – Personal Services, Restricted

Purpose. The purpose of this Section is to establish site planning, developmental, and/or operational
standards for the following “Restricted Personal Services”: tattoo and body piercing shops, pawnshops,
and check cashing establishments.

Intent. It is the City’s intent, in establishing these standards, to mitigate the potential adverse impacts
of these uses and activities on adjacent and surrounding land uses by requiring special siting and
locational standards and imposing other special development standards.

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Skid-Row Atmosphere. Restricted Personal Services have serious objectionable characteristics

especially when several of them are located in close proximity to each other. The concentration tends
to create a “skid-row” atmosphere and has a deleterious effect upon the adjacent area. Regulation of
the locations of these uses is necessary to ensure that the adverse effects will not cause or contribute
to the blight or the downgrading of neighborhoods and businesses situated in proximity to the Restricted
Personal Services.

Prevent Deleterious Effects. The regulations specified in this Section are necessary and will tend to
prevent the clustering of Restricted Personal Services. The specified regulations will serve to help
prevent the deleterious effects of blight and the resultant downgrading of real property values. The
regulations will also serve to promote the orderly planning, development and utilization of neighborhood
and business premises.

Anti-Skid-Row Regulations. Excepting the provisions of Article 5 (Nonconformities) pertaining to

nonconforming uses, no parcel of property in any zone or any structure thereon, or any portion thereof,
within the City, shall be used for a Restricted Personal Service use at a location closer than 500 feet
from another Restricted Personal Service use nor 500 feet from the below-indicated uses (whether the
use is located within or outside the City):

Bingo halls, bowling alleys, electric game centers, internet cafes, ping-pong centers, pool and
billiard halls, and private clubs and lodges;
Hotels and motels;
School property line (universities, community colleges, high schools, junior high schools,
elementary and nursery schools);
State-licensed childcare day care centers and/or large family day care facilities; and
Any parcel zoned single-family residential or mixed-use.
Any adult-oriented business use, as defined in Article 8.

Permit Requirements. Restricted Personal Services are allowed as specified in Article 2 (Zones,
Allowable Uses, and Development Standards).

18.60.180 – Recycling Facilities

Purpose and Intent. The purpose of this Section is to establish standards and procedures for the siting
and operating various types and sizes of commercial Recycling Facilities, where allowed by Article 2.
(Zones, Allowable Uses, and Development Standards). The intent of the standards is to ensure safe
operations and compatibility with surrounding uses.

Permit Requirements. Recycling Facilities are allowed as specified in Article 2 (Zones, Allowable
Uses, and Development Standards).

Reverse Vending Machines. The following standards shall apply to all reverse vending machines:

Reverse vending machines shall conform to the criteria in Table 4-2 (Standards for Reverse
Vending Machines) as determined through the Zoning Clearance process.
Any reverse vending machine that is inoperable for a period of 30 days or more shall be
removed from the parcel.

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Chapter 18.60 Standards for Specific Land Uses

Table 4-2
Standards for Reverse Vending Machines

Reverse Vending Machines are accessory

uses and must comply with Section 18.60.030.
Type of Use Such uses shall be established in conjunction
with a primary use that complies with the
Zoning, Building, and Fire Codes of the City.
Shall not displace parking required for the
Parking primary use. No additional parking is required
for the Reverse Vending Machines.
If located outside of a structure: Shall be
located immediately adjacent to a structure
and a minimum of 100 feet from any dwelling
or any parcel line of a Residential or (the
residential component of a Mixed-Use Zoned
Property.
Location
If located inside of a structure: Shall be placed
within 30 feet of the entrance and shall not
obstruct pedestrian circulation.
Shall not obstruct pedestrian or vehicular
circulation and shall not be placed in landscape
areas.
Shall not exceed a maximum of 50 square feet
Size of site area and eight feet in height, for each
machine or box.
Number Shall be limited to a total of two for each parcel.
Shall be constructed of, and maintained with
Construction
durable waterproof, and rustproof materials.
Shall accept only CRV glass, aluminum, or
Acceptable Recyclables plastic containers, paper, and other recyclable
items.
Shall be consistent with the operating hours of
Operating Hours
the primary use.
Shall be flat mounted to the side of the
Sign Location
machine or box.
Shall not exceed four square feet of sign area
Sign Area per Machine or Box but is not subject to maximum sign area
limitations.
Shall clearly identify the type of materials to be
Display Allowable Recyclable Materials deposited and the name and phone number for
the equipment owner/operator.
Shall be illuminated to ensure comfortable and
safe operation if operating hours are between
Illumination Requirements
dusk and dawn, in compliance with Section
18.40.080 (Outdoor Lighting).
The property owner shall ensure that the
facility shall be monitored to ensure that no
Maintenance recyclable materials are located outside the
reverse vending machines and that the
surrounding area is free of litter.

Recycling Collection Facilities, Small. The following standards as specified in Table 4-3 (Standards
for Small Recycling Collection Facilities), below, shall apply to all Small Recycling Collection Facilities:

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Table 4-3
Standards for Small Recycling Collection Facilities

Small Recycling Collection Facilities are

accessory uses and must comply with Section
18.60.030. Such uses shall be established in
Type of Use
conjunction with a primary use which complies
with the Zoning, Building, and Fire Codes of
the City.
Shall be located immediately adjacent to a
structure and a minimum of 50 feet from any
dwelling or any parcel line of a Residential or
the residential component of a Mixed-Use
Zoned Property.
Location
Shall be set back at least 10 feet from any
public right-of-way.
Shall not obstruct pedestrian or vehicular
circulation and shall not be located within
landscaped areas.
Each unit shall not exceed a maximum of 350
Size
square feet in bulk and eight feet in height.
Shall not displace parking required for the
fixed-base host. No additional parking is
Parking
required for the small recycling collection
facility.
Number Shall be limited to a total of two for each parcel.
Shall be constructed of, and maintained with,
durable waterproof and rustproof material;
shall be covered; and shall be secured from
Construction
unauthorized entry; and shall be clearly
marked with the name and telephone number
of the facility operator.
Operating Hours Shall operate only during the hours of
operation of the primary use.
Containers and Fencing Any containers and site fencing shall be of a
color and design to be compatible and
harmonious with the surrounding uses and
neighborhood.
Acceptable Recyclables Shall accept only CRV glass, aluminum, or
plastic containers, paper, and other recyclable
items.
Equipment Shall not use power-driven processing
equipment, except for reverse vending
machines.
Shall be flat mounted to the side of the
Sign Location
machine or box.
Shall not exceed four square feet of sign area
Sign Area per Facility but is not subject to maximum sign area
limitations.
Signs shall clearly identify the type of materials
Display Allowable Recyclable Materials to be deposited and the name and phone
number for the equipment owner/operator.
Shall be illuminated to ensure comfortable and
Illumination Requirements
safe operation if operating hours are between

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Chapter 18.60 Standards for Specific Land Uses

Table 4-3
Standards for Small Recycling Collection Facilities

dusk and dawn, in compliance with Section

18.40.080 (Outdoor Lighting).
The property owner shall ensure that the
facility shall be monitored to ensure that no
Maintenance recyclable materials are located outside the
small recycling collection facility and that the
surrounding area is free of litter.

Recycling Collection Facilities, Processing, and Transfer Facilities. The following standards shall
apply to all recycling collection, processing, and transfer facilities:

Table 4-4
Standards for Recycling Collection Facilities, Processing, and Transfer
Facilities

Shall be considered a primary use of the

property. Where allowed by Article 2. (Zones,
Allowable Uses, and Development Standards),
the recycling collection, processing, and
transfer facilities require the approval of a
Minor Use Permit.
The permit, as conditioned, shall include
structural controls and maintenance and
operational provisions that conform to the
Minor Use Permit required requirements of the National Pollutant
Discharge Elimination System Permit.
The permit, as conditioned, shall provide
facilities adequate to accommodate the type
and volume of materials proposed for transfer
or processing.
The permit, as conditioned, shall provide
access and on-site circulation sufficient to
ensure that vehicle stacking does not impact
public streets.
Shall not be located within 100 feet of any
dwelling or any parcel line of a Residential or
Location
the residential component of a Mixed-Use
zoned property.
All processing, storage, or transfer operations
shall occur within a totally enclosed structure,
unless the permit, as conditioned, includes
Enclosed structure required. adequate screening, buffering, and operational
controls to ensure that recycling activities do
not result in visual, noise, dust, or odor impacts
in the vicinity of the project site.
Parking shall be provided in compliance with
Parking Chapter 18.38 (Off-Street Parking Regulations
and Design Standards).

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Table 4-4
Standards for Recycling Collection Facilities, Processing, and Transfer
Facilities

Containers provided for "after hours" donation

of recyclable materials shall be constructed of,
and maintained with, durable waterproof and
Container Construction rustproof material; shall be covered; and shall
be secured from unauthorized entry; and shall
be clearly marked with the name and
telephone number of the facility operator.
Containers and Fencing Any containers and site fencing shall be of a
color and design to be compatible and
harmonious with the surrounding uses and
neighborhood.
Exterior storage of material shall be in sturdy
containers that are secured and maintained in
good condition. Storage, excluding truck
trailers, shall not be visible above the height of
the required screen or walls.
Signs shall be in compliance with Chapter
Signs
18.42 (Sign Standards).
The site shall be maintained clean, sanitary,
and free of litter and any other undesirable
materials, and shall be cleaned of loose debris
Maintenance on a daily basis.
Dust, fumes, odor, smoke, or vibration above
ambient levels shall not be detectable on
adjoining parcels.

18.60.190 – RESERVED SECTION

18.60.200 – Vehicle Repair and Maintenance Facilities

Purpose and Intent. The purpose of this Section is to establish standards for the development and
operation of Vehicle Repair and Maintenance Facilities (both Major Motor Vehicle Repair and Minor
Motor Vehicle Repair). The intent of the standards is to regulate these uses for compatibility with
surrounding existing uses.

Permit Requirements. Vehicle Repair and Maintenance Facilities are allowed as specified in Article 2
(Zones, Allowable Uses, and Development Standards).

Development Standards. In zones where allowed in compliance with Article 2 (Zones, Allowable Uses,
and Development Standards), all Vehicle Repair and Maintenance Facilities shall be developed and
operated in compliance with all of the following standards:

All Repairs and Storage Conducted Within a Structure. All vehicle repairs and storage of
parts, accessories, etc., shall be conducted within a fully enclosed structure.
Landscaping Standards. All landscaping shall be installed and permanently maintained in
compliance with the provisions of Chapter 18.36 (Landscaping Standards).

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Openings of Service Bays. Openings of service bays for new repair facilities shall not face
public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining
properties.
Outdoor Lighting. All on-site outdoor lighting shall be stationary and directed downward and
away from adjoining properties and public rights-of-way in compliance with Section 18.40.080
(Outdoor Lighting).
Outside Storage.
a. Outside storage of vehicles being repaired shall be allowed for a maximum of 30 days for
each vehicle, within a 90-day period. Areas used for storage of vehicles awaiting repair
shall be completely screened from public view in compliance with Chapter 18.34 (Fences,
Walls, Hedges, and Screens).
b. Outside storage of junked or wrecked vehicles is prohibited.
Signs. All on-site signs shall comply with provisions of Chapter 18.42 (Sign Standards).

18.60.210 – Vehicle Sales Facilities

Purpose and Intent. The purpose of this Section is to establish standards for the development and
operation of Vehicle Sales Facilities. The intent of the standards is to regulate these uses for
compatibility with surrounding existing uses.

Permit Requirements. Vehicle Sales Facilities are allowed as specified in Article 2 (Zones, Allowable
Uses, and Development Standards).

Circulation Plan. A Circulation Plan is required showing the ingress and egress on the site, vehicle
off/on loading, and the circulation proposed for the test driving of vehicles, both to and from the site.
The plan shall be submitted for review and action by the Director.

Development Standards. In zones where allowed in compliance with Article 2 (Zones, Allowable Uses,
and Development Standards), all new and/or used vehicle sales dealerships shall be developed and
operated in compliance with all the following standards:

All Parts Storage Conducted Within a Structure. All parts, accessories, etc., shall be
stored within a fully enclosed structure.
All Repairs and Service Conducted Within a Structure. All vehicle repair and service work
shall only occur on-site within a fully enclosed structure. Service bays with individual access
from the exterior of the structure shall not directly face or front on a public right-of-way.
Hours of Operation. The Director may limit the hours of operation if the proposed use is
adjacent to a sensitive land use (e.g., residential, schools).
Landscaping Standards. All landscaping shall be installed and permanently maintained in
compliance with the provisions of Chapter 18.36 (Landscaping Standards).
Loading and Unloading of Vehicles. All loading and unloading of vehicles shall occur on-
site and not in adjoining streets or alleys.
No Parking in Public Right-of-Way. Vehicles in inventory or awaiting repair/service shall not
be parked on public streets or within the public right-of-way.
On-Site Parking. All on-site parking shall comply with the provisions of Chapter 18.38 (Off-
Street Parking Regulations and Design Standards). A parking plan shall be developed as part
of the required permit review process.

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Outdoor Lighting. All on-site outdoor lighting shall be stationary, shielded, and directed
downward and away from adjoining properties and public rights-of-way in compliance with
Section 18.40.080 (Outdoor Lighting).
Outside Storage of Vehicles to Be Repaired. Outside storage of vehicles to be repaired or
that were recently repaired shall be completely screened from public view in compliance with
Chapter 18.34 (Fences, Walls, Hedges, and Screens).
Parking and Storage of Business Vehicles. All vehicles associated with the business shall
be parked or stored on-site and not in adjoining streets or within the public right-of-way.
Signs. All on-site signs shall comply with the provisions of Chapter 18.42 (Sign Standards).
Vehicle Waiting Areas. New vehicle dealerships shall provide adequate, on-site vehicle
waiting areas for service customers, as determined by the Director. Required parking spaces
may not be counted as vehicle waiting areas.
Joint and Several Liability. Both the operator of a Vehicle Sales Facility and the owner of
the property where a Vehicle Sales Facility is located shall be jointly and severally liable for
violations of this Section.

18.60.220 – Vehicle Service Stations

Purpose and Intent. The purpose of this Section is to establish standards for the development and
operation of Vehicle Service Stations. The intent of the standards is to regulate these uses for
compatibility with surrounding existing uses.

Permit Requirements. Vehicle Service Stations are allowed as specified in Article 2 (Zones, Allowable
Uses, and Development Standards).

Development Standards. In zones where allowed in compliance with Article 2 (Zones, Allowable Uses,
and Development Standards), all Vehicle Service Stations shall be developed and operated in
compliance with all of the following standards:

All Repairs and Storage Conducted Within a Structure. All service and repair work shall
be conducted entirely within an enclosed structure, except for dispensing of petroleum
products, water, vacuums, and air from pump islands.
Level of Street Required. New Vehicle Service Stations shall be located only along
designated arterials or collector streets.
Placement of Service Station Pumps.
a. Pump islands shall be set back a minimum of 20 feet from a street property line, however,
a canopy or roof structure over a pump island may encroach up to 10 feet within this
distance.
b. The cashier location shall provide direct visual access to the pump islands and all of the
vehicles parked adjacent to the islands.
Parcel Ingress and Egress. The maximum number of points of vehicle ingress/egress shall
be determined by the Director of Public Works.
Prohibited Vehicle Sales. No vehicle may be parked on the premises for the purpose of
offering same for sale.
Openings of Service Bays. Openings of service bays for new Vehicle Service Stations shall
not face public rights-of-way and shall be designed to minimize the visual intrusion onto
adjoining properties.

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Outdoor Storage Prohibited. No used or discarded vehicle parts or equipment, or disabled,

junked, or wrecked vehicles may be in any open area outside of the primary structure.
Solid Waste Enclosures. Every Vehicle Service Station shall have a solid waste and
recycling enclosure and oil collection tanks on the premises. The enclosure shall be provided
in compliance with Section 18.30.060 (Solid Waste and Recycling Enclosures and Storage
Areas).
Minor Motor Vehicle Repair. Vehicle repair in conjunction with a Vehicle Service Station
shall be limited to incidental minor motor vehicle repair, including air conditioning service;
carburetor and fuel injection service; electrical service; radiator service; tune-up, lube, and oil
change; smog check; and tire, battery, and accessory installation. Vehicle body repair or
painting, steam cleaning, and engine overhaul are prohibited.
All Repairs sand Service Conducted Within a Structure. All vehicle repair and vehicle
hoists or pits shall be entirely enclosed within a structure.
No Vehicle Sales, Leasing, or Storage. No vehicle sales, rental, leasing, or storage shall
be allowed in conjunction with a Vehicle Service Station.
El Camino Real Limitation. A Conditional Use/Minor Use Permit may be approved for a
Vehicle Service Station on El Camino Real, only if the applicable Review Authority finds that
the total number of Vehicle Service Stations along the corridor, inclusive of that Vehicle
Service Station authorized by the permit, does not exceed six.

Vehicle Service Station Conversion. At a minimum, the conversion of a former Vehicle Service
Station to another allowed use shall require a Zoning Clearance to ensure compliance with all of the
following:

Fuel pumps and tanks have been removed in compliance with all applicable requirements.
Landscaping complies with the requirements of Chapter 18.36 (Landscaping Standards).

18.60.230 – Massage Establishments

Definitions.

“Massage establishment” shall have the same definition set forth in SCCC 5.40.020. The
exemptions under SCCC 5.40.060 apply to this chapter.
“Massage establishment zoning verification” shall mean a written form completed by the
Planning Division of the Department of Community Development verifying that the proposed
massage establishment complies with Subsection B, below.

Location restrictions on massage establishments. No lot or parcel of property or any building or

structure thereon, or any portion thereof, within the city, shall be used to operate as a massage
establishment unless said lot, parcel, building or structure is located in one of the following:

In a hotel with at least one hundred (100) guest rooms.

In a commercial zoning district or planned development (PD) zoning district that allows for
commercial use, and the location must also meet one of the following criteria, which must be
confirmed by obtaining a massage establishment zoning verification from the Planning
Division of the Department of Community Development:
a. The massage establishment is located in a minimum ten acres size contiguously
functioning mixed use or commercial site with shared parking and circulation and a
minimum of twenty thousand (20,000) square feet of retail space; or

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b. The massage establishment is located in a wellness center of an employment center with

five hundred (500) employees or more. (Ord. 2006 § 8, 10-8-19).

Violations.

Any person operating or causing the operation of a massage establishment on any parcel in
which no application for a massage establishment permit under Chapter 5.40 SCCC has been
granted, or any person violating or causing the violation of any of the terms and conditions of
the existing use permit (if applicable), shall be subject to the revocation/suspension of the
massage establishment permit issued pursuant to Chapter 5.40 SCCC and may be subject to
penalties pursuant to SCCC 1.05.070. All remedies provided herein shall be cumulative and
not exclusive. Any violation of these provisions shall constitute a separate violation for each
and every day during which such violation is committed or continued.
In addition to the remedies set forth in subsection (a) of this section, any violation of this
chapter is hereby declared to constitute a public nuisance and may be abated or enjoined
pursuant to Chapter 18.152 and any other applicable State or local laws relating to nuisance
abatement.
If a massage establishment permit is revoked, or not renewed as a result of violations of
Chapter 5.40 SCCC or of this chapter, no massage establishment shall operate at that location
for a period of five years from the date of revocation or nonrenewal. (Ord. 2006 § 8, 10-8-19).

Regulations. The provisions of this chapter regulating massage establishments are not intended to
be exclusive, and compliance therewith shall not excuse noncompliance with any other provisions of
the City Code and/or any other applicable regulations. (Ord. 2006 § 8, 10-8-19).

Application to existing businesses. Any massage establishment in possession of a valid massage

establishment permit issued by the Santa Clara Police Department on the effective date of this chapter,
which becomes a nonconforming use by reason of the adoption of this chapter, shall be considered as
a legal nonconforming use pursuant to Chapter 18.94 at its existing location as long as the massage
establishment complies with all of the following:

Meeting all requirements of Chapter 5.40 SCCC, and in possession of a current massage
establishment permit issued by the Chief of Police;
Compliance with all applicable building code regulations; and
Free of repeated violations and/or criminal citations, as confirmed by the Santa Clara Police
Department. (Ord. 2006 § 8, 10-8-19).

18.60.240 – Certified Farmers’ Markets

A. Purpose and Intent. The purpose of this Section is to regulate permanent Certified Farmers’ Markets.
The intent of these regulations is to encourage Certified Farmers’ Markets that are compatible with
associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an
unsightly appearance.

Terms. Terms that are defined or described by the provisions of Chapter 10.5 (commencing with
Section 47000) of Division 17 of the California Food and Agricultural Code, and related regulations, as
the same may be amended from time to time, are intended to have their same meaning under the
provisions of this Section, unless a different meaning is expressly specified for that term in this Zoning
Code.

Small Certified Farmers' Markets - Development or Event Permit Exemption. Notwithstanding the
provisions of Chapter 18.122 (Temporary Use Permits) no Development or Event Permit shall be
required for a certified farmers' market that meets all of the following criteria:

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The certified farmers' market comprises 25 or fewer certified producers or producers of

agricultural products allowed to be sold or offered for sale at a certified farmers' market in
compliance with State and local laws and regulations, as the same may be amended from
time to time; and
The certified farmers' market does not occupy an area greater than 24,000 square feet.
In addition to the maximum of 25 certified producers or producers of agricultural products
allowed to be sold or offered for sale at a certified farmers' market as specified above, a small
certified farmers' market may also include up to one vendor of nonagricultural products located
near a small certified farmers' market, in the manner allowed by laws and regulations of the
State and County as the same may be amended from time to time, for every five certified
producers or producers of agricultural products at the small certified farmers' market.

General Certified Farmers' Markets - Permit Required. Notwithstanding the provisions of Chapter
18.122 (Temporary Use Permits), any certified farmers' market comprising 26 or more certified
producers or producers of agricultural products allowed to be sold or offered for sale at a certified
farmers' market, or a certified farmers' market that does not meet the requirements described in
Subsection C., above, shall first obtain a Minor Use Permit in compliance with Chapter 18.114
(Conditional and Minor Use Permits) before the commencement of any operation of the certified
farmers' market.

Residential Zoning Districts - Locational Limitations. Certified farmers' markets, including small
certified farmers' markets, located in residential zones are allowed to operate only at school sites, library
sites, community center sites, or church/religious assembly sites.

Operational Requirements - General.

It shall be unlawful for any person or any certified farmers' market, including small certified
farmers' markets, to operate in a manner that does not fully comply with the provisions of this
Zoning Code, including without limitation the operational requirements specified in this
Section.
Each and every certified farmers' market, including small certified farmers' markets, and each
and every certified producer, producer or other vendor at a certified farmers' market or small
certified farmers' market shall fully and timely comply with all of the following operational
requirements:
c. All operations shall fully comply with all Federal, State and local laws, regulations, and
guidelines including without limitation those applicable to the certified farmers' market
operations, including without limitation the California Health and Safety Code, the
California Food and Agricultural Code, and all regulations and guidelines promulgated by
the State and the County thereunder, as the same may be amended from time to time;
d. All activities, and the duration of those activities, shall first have been approved and
authorized by the owner of the real property on which those activities are planned to occur;
e. Any and all permits or approvals from the Building Division or Fire Department for any
tents or other temporary structures shall have first been obtained before the
commencement of use of the tents or temporary structures; and
f. All certified farmers' markets, including small certified farmers' markets, and each certified
producer, producer and/or other vendor shall completely remove all equipment,
merchandise, and other materials, including without limitation waste materials, from the
site upon of the conclusion of their respective activities, excepting interior storage of
equipment, merchandise, or materials as may be allowed on the site with the permission
of the owner or operator of the site.

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Small Certified Farmers' Markets - Operational Requirements. In addition to the operational

requirements specified in Subsection F, above, a small certified farmers' market, and each certified
producer, producer of agricultural products, or other vendor at a small certified farmers' market, shall
at all times conform to and comply with the following additional operational requirements and shall so
conform and comply in order to qualify as a small certified farmers' market:

Shall not operate more than two days per calendar week at the same location;
Shall neither operate, including any setup or breakdown activities, more than six hours per
day nor between the hours of 9:00 p.m. and 7:00 a.m.;
Shall operate only on paved surfaces and not on landscaped areas nor adversely impact any
landscaping or landscaped areas;
Shall not offer for sale or otherwise distribute any alcoholic beverage;
Shall not use amplified sound for any purpose;
Shall operate as a physically cohesive collection of vendors on a site, excepting only those
limited physical separations as may be required by State or local law for vendors of non-
agricultural products located near a certified farmers' market;
Shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the site; and
Shall have secured with the property owner of the site on which the certified farmers' market
plans to operate, and before the commencement of any operation of the certified farmers'
market, provision for all of the following services in a manner that comports with State and
local laws and regulations, as the same may be amended from time to time:
a. Refuse disposal and sufficient trash and recycling receptacles within the area of the
certified farmers' market;
b. Litter removal within and within 300 feet of the boundaries of the certified farmers' market;
and
c. Access to adequate sanitary facilities, including restrooms and/or portable sinks and
toilets.

Locational Limitations.

It shall be unlawful for any person to allow, in a direct, indirect, or passive manner, a small
certified farmers' market to operate at a particular site for more than two days per calendar
week.
It shall be unlawful for any person to operate, or to allow in a direct, indirect, or passive manner
the operation of, a small certified farmers' market on a vacant parcel. Every small certified
farmers' market shall operate only on a site with an existing fixed-base host in operation on
the site.

18.60.250 – Short-Term Rentals of Residential Property

Purpose. The purpose of this Section is to allow limited short-term rental of residential property,
which are rentals of 30 days or less in length while preserving housing stock and the residential
character of neighborhoods, through the use of registration, regulations, and standards, in order to
reduce potential impacts on adjacent properties and to ensure the collection of Transient Occupancy
Taxes under SCCC Chapter 3.25.

Violation of Section. No person shall host or rent any residence in violation of the provisions of this
Section.

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Operating Standards for Short-Term Rentals. The following operating standards shall apply to all
short-term rentals:

Legal Dwelling. Short-term rentals are allowed only within legal conforming and legal
nonconforming residential dwelling units.
Annual Limit.
a. Where the host is present within the unit, the dwelling unit may be occupied as a short-
term rental for an unlimited number of days per calendar year.
b. Where a host is not present (unhosted), the dwelling unit may be occupied as a short-
term rental no more than 90 days per calendar year in the aggregate.
c. For purposes of this section, Accessory Dwelling Units are considered hosted if the
primary unit is owner-occupied.
Local Contact Person. For short-term rentals, hosts shall provide the City, all short-term
renters and all occupants of adjacent properties, the name and contact information of a local
individual who shall be available 24 hours per day, seven days per week, during the term of
the stay. The host or designated local contact person shall:
a. Respond on-site within 60 minutes to complaints regarding a condition or operation of the
short-term rental or the conduct of the short-term renters; and
b. Take remedial action to resolve any and all complaints.
Parking. Parking shall comply with residential parking standards specified in Chapter 18.38
(Off-Street Parking Regulations and Design Standards), but no designated parking is required
beyond other City Code requirements.
Trash and Recycling. The appropriate level of trash and recycling services shall be
maintained so there is no overflow of trash and recycling on the property.
Special Events. Weddings, corporate events, commercial functions, large parties, and other
similar events which have the potential to cause traffic, parking, noise, or other impacts to the
neighborhood are prohibited on the property during short-term rentals.

Occupancy Limits for Short-Term Rentals.

Individual Rooms or Studio Units: Two people

One-bedroom Units: Three people
All Other Dwelling Units: Two people per bedroom for each bedroom in excess of one
bedroom, but not to exceed eight short-term rental occupants, total.

Registration Application Requirements. Notwithstanding SCCC Section 3.25.080, the following

registration requirements shall apply for short-term rentals:

Initial Application. Before advertising or use of a short-term rental, the host shall obtain an
Administrative Permit for Short-term Rentals from the City and obtain a valid City Business
License.
Requirements for Application. The registration shall be submitted on a City-approved form.
The applicant shall provide the property owner’s signature for the unit to be rented; the name
and contact information of the host; the address of the dwelling unit to be used as a short-
term rental; a valid City Business License; the anticipated frequency of the short-term rental;
contact information for the local contact person; an acknowledgement of compliance with the
requirements of the City Code; and other information as requested. Failure to submit all
information required on the application will result in denial of the registration.

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Fee. The host shall pay a registration fee in an amount established by resolution of the
Council, and as updated from time to time. Failure to submit the full amount of the required
fee will result in the application not being processed.

Citation, Compliance Order, Denial, Revocation. For a property that is the subject of an active
compliance order or civil, criminal, or administrative citation from the City, or denial or revocation of a
short-term rental application in the preceding 12 months, registration of the short-term rental on the
property will be denied.

Term of Registration. Registration of a short-term rental shall be on a calendar-year basis. Fees

shall be prorated for any approved registration on a quarterly basis. Approved registrations shall be
personal to the host, are not assignable or transferable, and shall automatically expire upon sale or
transfer of the property on which the short-term rental is located.

Annual Renewal.

A short-term rental registration shall be renewed annually upon payment of registration

renewal fees, remittance of all required Transient Occupancy Tax associated with the short-
term rental, proof of a current City Business License, and all registration application
requirements specified above.
The host shall also submit such information as may be required to enable the Tax Collector
to verify the amount of tax paid.
Failure to submit for renewal before December 15 of each calendar year will result in expiration
of the registration.

Requirements Not Exclusive. The approval of a short-term rental registration shall not relieve any
host of the obligation to comply with all other provisions of the City Code applicable to the use and
occupancy of the property.

Administrative Regulations and Standards. The City Manager or designee is hereby authorized to
promulgate administrative rules, regulations, and interpretations to implement this Section. The rules
and regulations may include, but are not limited to, revisions to the application process, requirements
of operations, etc.

Transient Occupancy Tax (TOT).

Except as otherwise provided in this Subsection, Transient Occupancy Taxes shall be

collected for short-term rentals and paid to the City in compliance with SCCC Section
3.25.090.
Collection is the responsibility of the host.
Notwithstanding SCCC Section 3.25.090, if a hosting platform is used, and the City has a
voluntary collection agreement, or equivalent, with that hosting platform, TOT may be
collected and remitted directly to the City by the hosting platform.

Enforcement.

Revocation of Registration. A short-term rental registration approved in compliance with

this Section may be revoked for any of the following reasons: fraud, misrepresentation, or
false statement contained in the application for, or in the operation of, the short-term rental.
Other Remedies. In addition to remedies provided in the City Code, a short-term rental
registration may be revoked for any violation of any provision of this Section, the City Code or
any State or Federal law.

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Chapter 18.60 Standards for Specific Land Uses

Applicability to Existing Short-term Rentals.

Short-term rentals already operating prior to the effective date of this Section shall fully comply with this
Section, including the registration requirements, no later than six months following the effective date of
this ordinance.

Short-term Rentals (Lease-up) of Units in Newly Constructed Multi-family buildings.

Notwithstanding Section 18.60.250.C.2.b, Short-term rentals are permitted in up to thirty-five percent (35%)
of the units within a multi-family building for up to two years from the issuance of the first Temporary
Certificate of Occupancy, subject to a Minor Use Permit. Short-term rentals permitted under this sub-section
are considered hosted units, if a property manager is available within the multi-family building.

Short-term Rentals not Meeting the Requirements of this Section.

Short-term rentals not meeting the requirements of this section may be permitted through a Minor Use
Permit, approved by the Director.

18.60.260 – Electric Power Plants

California Emissions Requirements.

All power plants, except fuel cells, but including diesel back-up generators shall not exceed
state of California emissions requirements. Emissions requirements can be met in whole or in
part by purchasing renewable energy credits, or offsets that meet CARB requirements.
For purposes of this section, “fuel cells” means all equipment, fixtures, and personal property
operated or maintained in connection with a direct energy conversion device that converts
chemical energy into electrical energy, or vice versa, using an electrochemical reaction.
For purposes of this section, “state of California emissions requirements” shall mean the
requirements applicable to retail sales of electricity to California end-use customers under
Public Utilities Code Section 454.53, subdivision (a), and the interim targets established by
the California Energy Commission (CEC) under Public Utilities Code Section 399.15,
subdivision (b), pursuant to the Renewable Portfolios Standard (RPS) Program, as set forth
below. Should these targets be amended by legislation or regulatory changes to be more
stringent, the more stringent requirements shall be applicable under this section.
a. 44 percent by December 31, 2024
b. 52 percent by December 31, 2027
c. 60 percent by December 31, 2030
d. 90 percent by December 31, 2035
e. 95 percent by December 31, 2040
f. 100 percent by December 31, 2045

18.60.270 – Developments Located Within the Airport Influence Area

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

1. When measuring development height for consistency with the San Jose International Airport
(SJC) Comprehensive Land Use Plan (CLUP) Part 77 Surfaces, height is to be measured
from mean sea level (MSL) to the top of the highest point of any proposed structure. The
height of any proposed structure is subject to height policies outlined in Sections [Link] and
[Link] of the SJC CLUP and may not exceed the Part 77 Surface immediately above that

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proposed structure. In the case of structures or objects within the SJC AIA, if that structure or
object penetrates the FAR Part 77 surface, the proponent may submit the project data to the
FAA for evaluation and air navigation hazard determination, in which case the FAA's
determination shall prevail.

2. To ensure compliance with safety zone policies in the SJC Comprehensive Land Use Plan
(CLUP), all proposed housing development within the various safety zones must conform to
the applicable density allowances and open space/open area requirements as outlined in
Section [Link] and Table 4-2 of the SJC CLUP.

3. To ensure compliance with noise related policies and guidelines, all proposed housing
development / new housing accommodations must conform to the CNEL Noise Compatibility
Guidelines and Section [Link] and Table 4-1 of the SJC CLUP.

4. Where legally allowed, dedication of an avigation easement to the City of San Jose shall be
required to be offered as a condition of approval on all projects located within an Airport
Influence Area, other than reconstruction projects as defined in paragraph 4.3.7 of the SJC
CLUP. All such easements shall be similar to that shown as Exhibit 1 in Appendix A of SJC
CLUP.

18.60.280 – Mobile Food Vendors

Purpose and Intent. The intent of these regulations is to encourage mobile food vending that is
compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation
or create an unsightly appearance.

General Developmental Standards. The following developmental standards shall apply to all Mobile
Food Vendors:

Location. Mobile Food Vendors shall occupy a fixed, specifically approved location that does
not disrupt the normal function of the site or its circulation and does not encroach upon
driveways, emergency vehicle/fire access lanes, landscaped areas, pedestrian walkways or
pathways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and
drinking fountains), or any other requirement listed in the Building Code. Outdoor dining and
seating shall not be located within the public right-of-way, in designated vehicle drive aisles,
or within required landscape planter areas.
Hours of Operation. For Mobile Food Vendors that are located within 100 feet of a residential
use, hours of operation are limited to 7 am to 10 pm daily.
Signs. No additional business identification or advertising signs for Mobile Food Vendors shall
be allowed above the maximum allowable sign area for the corresponding primary use as
established in Chapter 18.42 (Sign Standards).
Maintenance. Mobile Food Vendor areas shall be kept free of garbage and other debris and
shall not encroach into required sidewalk clearance areas.
Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning
Code, no Mobile Food Vendor shall be located less than 100 feet from the property line of a
residentially zoned parcel without prior approval of a Minor Use Permit.
Operational Standards. The following operational standards shall apply to all Mobile Food
Vendors:
a. Permittee to Ensure Maintenance. The permittee shall be responsible for, and
exercise reasonable care in, the inspection, maintenance, and cleanliness of the
area containing the Mobile Food Vendor, including any design requirements
hereafter enacted, from the structure frontage to the curb.

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Chapter 18.60 Standards for Specific Land Uses

b. Permittee to Ensure Compliance. The permittee shall restrict the Mobile Food
Vendor to the approved location and ensure compliance with all applicable laws,
including laws against blocking the public right-of-way, health and safety laws,
public cleanliness laws, and laws regulating the sale and public consumption of
alcohol.
c. Alcoholic Beverage Sales. Areas in which alcoholic beverages are served shall
comply with the standards established by the State Department of Alcoholic
Beverage Control.
d. Clean-up Facilities. The property owner shall provide adequate clean-up facilities
for Mobile Food Vendors, and associated procedures, in the following manner.

(1) Cleaning Schedule. Outdoor dining areas shall be cleaned on a continual

basis for removal of litter and food items which constitute a nuisance to
public health and safety; and,

(2) Waste Receptacles. Outdoor dining areas shall contain waste receptacles,
which shall not be allowed to overflow, for use by the public and/or
restaurant employees.

e. Required Parking. No additional parking shall be required for the Mobile Food
Vending area associated with the primary use. Up to four parking spaces can be
occupied by the Mobile Food Vending Facility.

f. Amplified Sound. No amplified sound associated with the Mobile Food Vendor
Use is allowed.

g. Temporary Canopies. Any temporary canopies associated with seating areas are
required to be removed on a nightly basis.
C. Permit Requirements.

1. All Mobile Food Vendor subject to the requirements of this Section shall be allowed as
specified in Article 2 (Zones, Allowable Uses, and Development Standards).

2. Mobile Food Vendors are allowed as follows:

a. When operating for less than two hours, no permit is required, except as otherwise
provided below;
b. When operating for more than two hours but less than four hours on a site: A Zoning
Clearance is required, but no Minor Use Permit, except as otherwise provided below; and
c. When operating for more than four hours on a site, or when operating within 100 feet of a
residentially zoned parcel, measured from the Mobile Food Vending Facility to the
property line, for any length of time: A Minor Use Permit is required.
3. When a Zoning Clearance is required, the Mobile Food Vendor is subject to the following
standards:

a. The Property Owner’s written authorization is required.

b. The applicant shall provide a site plan that details the Mobile Food Vending location,
seating location and location of required trash receptacles. All plans are subject to
approval by the Fire and Building Departments.
c. The applicant is required to provide County Public Health clearance.

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d. The applicant is required to provide trash cans for on-site litter control.
e. Seating is limited to a maximum area of 500 square feet and a maximum of 24 seats.
f. Any improvements do not interfere with a continuous pedestrian path of travel in
compliance with State and Federal accessibility regulations that will not obstruct fire,
pedestrian, and wheelchair access.

When a Minor Use Permit is required, in order to approve the proposed Mobile Food Vendor,
the Director shall make the Zoning Clearance standards above, the standard findings required
for the Minor Use Permit, as well as all the following additional findings:

a. Allows a continuous pedestrian path of travel in compliance with State and Federal
accessibility regulations that will not obstruct fire, pedestrian, and wheelchair access.
b. Does not unduly interfere with pedestrian traffic on the sidewalk.
c. Does not unduly interfere with access of public employees and utility workers to meters,
fire hydrants, or other objects (street hardware) in the right-of-way.
d. Allows an unobstructed view of traffic devices.

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Article 4 – Standards for Specific Land Uses Chapter 18.62

Chapter 18.62 - Adult Business Uses

Sections:

18.62.010 – Purpose and Applicability

18.62.020 – Location of Adult-Oriented Business Uses

18.62.010 – Purpose and Applicability

It is the purpose of this Chapter to regulate the location, development, and operation of adult-oriented
business uses, which tend to have judicially recognized adverse secondary effects on the community,
including but not limited to increases in crime in the vicinity of adult businesses; increases in vacancies in
residential and commercial areas in the vicinity of adult businesses; interference with residential property
owners’ enjoyment of their properties when the properties are located in the vicinity of adult businesses as
a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods. Special
regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting
or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting
the First Amendment rights of those individuals who desire to own, operate, or patronize adult businesses.
This Chapter establishes reasonable and uniform location criteria for adult-oriented business uses.

18.62.020 – Location of Adult-Oriented Business Uses

C-R Zone. Adult-oriented business uses are only allowed with the approval of a Conditional Use Permit
in the C-R zone as shown in Table 2-4 (Commercial Zones Allowed Uses and Permit Requirements).

Distances. Notwithstanding the above, no adult bookstore, adult motion picture theater, adult cabaret,
adult hotel/motel, or any other adult entertainment establishment or adult-oriented business use shall
be established within certain specified distances of certain land uses or zones as specified below. No
adult-oriented business uses shall be established or located within:

500 feet from a parcel, located within or outside the City limits, situated in a Residential or a
Mixed-Use zone.
500 feet from another parcel, located within or outside the City limits, used for any adult-
oriented business use.
500 feet from another parcel, located within or outside the City limits, used for any restricted
personal services use.
500 feet from any other parcel, located within or outside the City limits, used for a public or
private State-licensed child day care center and/or large family day care facility, nursery
school, elementary school, secondary school, junior high school, high school, community
college, or university).

Measurement of Distances. The distance between two adult-oriented business uses or any of the
other zones or land uses identified in Subsection B. (Distances), above, shall be measured in
compliance with Section 18.04.050 (Measurement of Separation Requirements).

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Chapter 18.64 Density Bonus and Affordable Housing

Chapter 18.64 - Density Bonus and Affordable Housing

Sections
18.64.010 – Purpose and Applicability
18.64.020 – Eligibility for Bonus, Incentives, or Concessions
18.64.030 – Allowed Density Bonuses
18.64.040 – Allowed Incentives or Concessions
18.64.050 – Parking Requirements in Density Bonus Projects
18.64.060 – Bonus and Incentives for Development with Childcare Facilities
18.64.070 – Continued Availability
18.64.080 – Location and Type of Affordable Dwelling Units
18.64.090 – Processing of Bonus Requests
18.64.100 – Density Bonus Agreements
18.64.110 – Controls of Resale
18.64.120 – Judicial Relief, Waiver or Standards
18.64.130 – Mixed Use Density Bonuses
18.64.140 – Parking Relief for 100% Affordable Projects

18.64.010 – Purpose and Applicability

As required by Government Code Section 65915, this Chapter offers density bonuses, and incentives or
concessions for the development of housing that is affordable to the types of households and qualifying
residents identified in Section 18.64.020 (Eligibility for Bonus, Incentives, or Concessions), below. This
Chapter is intended to implement the requirements of Government Code Section 65915 et seq. and the
Housing Element of the General Plan.

18.64.020 – Eligibility for Bonus, Incentives, or Concessions

To be eligible for a density bonus, reduced parking ratios, and other incentives or concessions as provided
by this Chapter, a proposed housing development shall comply with the following requirements and shall
satisfy all other applicable provisions of this Zoning Code.

Resident Requirements. Excluding any units allowed by the density bonus, the proposed housing
development’s dwelling units, as defined in Health and Safety Code Section 50079.5, shall be one of
the following types;

Lower Income Households. Ten percent of the dwelling units are for lower income
households, as defined in Health and Safety Code Section 50079.5;
Very Low-Income Households. Five percent of the dwelling units are for very low-income
households, as defined in Health and Safety Code Section 50105;
Senior Citizen Housing Developments. The project is a senior citizen housing development
as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits
residency based on age requirements for housing older persons in compliance with Civil Code
Sections 798.76 or 799.5;
Moderate Income Households in a For-Sale Development. Ten percent of the dwelling
units in a for-sale development are for persons and families of moderate income, as defined
in Health and Safety Code Section 50093, provided that all units in the development are
offered to the public for purchase;

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Other Identifiable Groups. Ten percent of the dwelling units in a housing development for
transitional foster youth, as defined in Education Code Section 66025.9; disabled veterans,
as defined in Government Code Section 18541; or, homeless persons, as defined in the
Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The
dwelling units described in this Paragraph shall be provided to very low-income households,
as defined in Health and Safety Code Section 50105;
Student Housing. Twenty percent of the dwelling units are for lower income students in a
student housing development, subject to the provisions specified in Subsection 18.64.030.A.6
(Bonus for Student Housing Development), below, and which meets the following
requirements:
a. All units in the student housing development will be used exclusively for
undergraduate, graduate, or professional students who are currently enrolled in at least
six credit-hours, or who within the past six months were enrolled in at least six credit-
hours, at an institution of higher education accredited by the Western Association of
Schools and Colleges or the Accrediting Commission for Community and Junior
Colleges. In order to be eligible under this Subparagraph, the developer shall, as a
condition of receiving a Certificate of Occupancy, provide evidence to the City that the
developer has done either of the following:
(b) entered into an operating agreement or master lease with one or more institutions
of higher education for the institution(s) to occupy all units of the student housing
development with students or recent former students from such institution(s). Such
an operating agreement or master lease is not violated or breached if, in any
subsequent year, there are not sufficient students enrolled or previously enrolled
in an institution of higher education to fill all units in the student housing
development; or

(c) Established a system for confirming its renters' status as students to ensure that
all units of the student housing development are occupied with students from an
institution of higher education.

b. The applicable units in the student housing development for lower income students will
be used for, and occupied by, lower income students. For purposes of this clause,
“lower income students” means students who have a household income and asset
level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as
specified in subdivision (k) of Section 69432.7 of the Education Code. The eligibility of
a student under this subparagraph shall be verified by an affidavit, award letter, or letter
of eligibility provided by the institution of higher education that the student is enrolled
in, or by the California Student Aid Commission that the student receives or is eligible
for financial aid, including an institutional grant or fee waiver, from the college or
university, the California Student Aid Commission, or the federal government;

c. The rent provided in the applicable units of the development for lower income students
shall be calculated at 30 percent of 65 percent of the area median income for a single-
room occupancy unit type.
d. The development will provide priority for the applicable affordable units for lower
income students experiencing homelessness. A homeless service provider, as defined
in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code,
or institution of higher education that has knowledge of a person’s homeless status
may verify a person’s status as homeless for purposes of this Subparagraph.
e. No rental bed reserved for lower income students shall be tied to a specific bedroom.
No property management policy shall prevent a lower income student from sharing a
room or unit with a non-lower income student.

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Chapter 18.64 Density Bonus and Affordable Housing

100 Percent Affordable Developments. One hundred percent of the total units, exclusive
of a manager’s unit or units, are for lower-income households, as defined by Health and Safety
Code Section 50079.5, except that up to 20 percent of the total units in the development may
be for moderate-income households, as defined in Health and Safety Code Section 50053.
For purposes of this subparagraph, “development” includes a shared housing building
development;
Condominium Conversions. A conversion of apartments to condominiums, where at least
33 percent of the proposed condominiums will be affordable to persons and families of low or
moderate income, or 15 percent of the proposed condominiums will be affordable to lower-
income households;
Housing with Childcare Facilities. A housing development that includes a childcare facility
that meets the requirements set forth in section 18.64.060; or
Land Donations. A housing development that will include a land donation to the City meeting
the requirements specified in paragraph 12 of subsection A of section 18.64.030.

Applicant Selection of Basis for Bonus. For purposes of calculating the amount of the density bonus
in compliance with Section 18.64.030 (Allowed Density Bonuses), below, the applicant who requests a
density bonus shall elect whether the bonus shall be awarded based on paragraphs 1 through 10 of
Subsection A., above.

Bonus Units Shall Not Qualify A Project. A density bonus granted in compliance with Section
18.60.030 (Allowed Density Bonuses), below, shall not be included when determining the number of
dwelling units that are required by Subsection A., above.

Minimum Project Size to Qualify for Density Bonus. The density bonus provided by this Chapter
shall be available only to a housing development of five or more dwelling units, including mixed-use
developments.

Commercial Development. When an applicant for approval of a commercial development has entered
into an agreement for partnered housing meeting the requirements of this Subsection E. to contribute
affordable housing through a joint project or two separate projects encompassing affordable housing,
the Director shall review and approve to the commercial developer a development bonus.

Agreement for Partnered Housing. The agreement for partnered housing shall be between
the commercial developer and a housing developer, shall identify how the commercial
developer will contribute affordable housing, and shall be reviewed and approved by the City.
Method of Contributing Housing. Affordable housing may be contributed by the commercial
developer in one of the following manners:
a. The commercial developer may directly build the dwelling units.

b. The commercial developer may donate a portion of the commercial development

site or property elsewhere within the City limits, to the affordable housing developer
for use as a site for affordable housing.
c. The commercial developer may make a cash payment to the affordable housing
developer that shall be used towards the costs of constructing the affordable
housing project.
Affordability Requirements. To qualify for a development bonus under this Section, the
commercial developer shall partner with a housing developer that provides at least 30 percent
of the dwelling units for low-income households or at least 15 percent of the dwelling units for
very low-income households.

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Location of Affordable Housing. The housing shall be constructed on the site of the
commercial development or on a site that is all the following:
a. Within the City limits;
b. Close to public facilities and services, including schools and employment centers;
and
d. Within one-half mile of a major transit stop.
Type of Development Bonus. The development bonus granted to the commercial developer
shall mean incentives, mutually agreed upon by the developer and the City, that may include,
but are not limited to, any of the following:
a. Up to a 20 percent increase in maximum allowable intensity as specified in the
General Plan.
b. Up to a 20 percent increase in maximum allowable floor area ratio.
c. Up to a 20 percent increase in maximum allowable height requirements.
d. Up to a 20 percent reduction in minimum parking requirements.
e. Use of a limited-use/limited-application elevator for upper floor accessibility.
f. An exception to this Zoning Code or other land use regulation.
No Waiver or Reduction of Affordable Housing Fee. A development bonus in compliance
with this Section shall not include a reduction or waiver of the requirements specified in
Chapter 17.40.
Timing of Construction. If the developer of the affordable dwelling units does not commence
with construction of those units in compliance with timelines ascribed by the agreement
described in Paragraph 1., above, the City may withhold certificates of occupancy for the
commercial development under construction until the developer has completed construction
of the affordable units.
Annual Report to The State. The City shall submit to the Department of Housing and
Community Development, as part of the annual report required by Government Code Section
65400, information describing an approved commercial development bonus, including the
terms of the agreements between the commercial developer and the affordable housing
developer, and the developers and the City, and the number of affordable dwelling units
constructed as part of the agreement(s).

Shared Housing. A shared housing building, as defined in Government Code Section 65915, which
meets the residency requirements of subsection A and the eligibility requirements of Section 18.64.030,
qualifies as a housing development subject to this Chapter.

Residential Care Facilities for the Elderly. A Residential Care Facility for the Elderly, as defined in
Section 1569.2 of the Health and Safety Code, which meets the residency requirements of subsection
A and the eligibility requirements of Section 18.64.030, qualifies as a housing development subject to
this Chapter.

18.64.030 – Allowed Density Bonuses

The Council shall determine the amount of a density bonus allowed in a housing development in compliance
with this Section. For the purposes of this Chapter, "density bonus" means a density increase over the
otherwise maximum allowable residential density under the applicable General Plan Land Use designation
and zone as of the date of application to the City.

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Chapter 18.64 Density Bonus and Affordable Housing

Density Bonus. A housing development that complies with the eligibility requirements specified in
Subsection 18.64.020 A., above, shall be entitled to density bonuses as follows, unless a lesser
percentage is proposed by the applicant.

Bonus for Lower Income Household Units. A housing development that is eligible for a
bonus in compliance with the criteria specified in Subparagraph 18.64.020 A.1. (Lower Income
Households), including a shared housing building development, shall be entitled to a density
bonus calculated in compliance with Table 4-5 (Bonus for Lower Income Households):

Table 4-5
Bonus for Lower Income Households
Percentage of Low-Income Units Percentage of Density Bonus
Proposed

10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50

Bonus for Very Low-Income Household Units. A housing development that is eligible for a
bonus in compliance with the criteria specified in Subparagraph 18.64.020 A.2. (Very Low-
Income Households), including a shared housing building development, shall be entitled to a
density bonus calculated in compliance with Table 4-6 (Bonus for Very Low-Income
Households):

Table 4-6
Bonus for Very-Low Income Households
Percentage of Very-Low Income Units Percentage of Density Bonus
Proposed

5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50

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Bonus for Senior Citizen Development.

a. A housing development that is eligible for a bonus in compliance with the criteria in
Subparagraph 18.64.020 A.3. (senior citizen development or mobile home park) shall be
entitled to a density bonus of 20 percent of the number of senior housing units. For
purposes of this subparagraph, “development” includes a shared housing building
development.
b. For development restricting 100 percent of the residential units for senior housing, allow
development at any residential density, provided that any increased density is compatible
with planned uses on neighboring properties and consistent with other applicable General
Plan policies.
Bonus for Moderate Income Units in For-Sale Development. A housing development that
is eligible for a bonus in compliance with the criteria specified in Subparagraph 18.64.020 A.4.
(Moderate Income Households in a For-Sale Development)) shall be entitled to a density
bonus calculated in compliance with Table 4-7 (Bonus for Moderate-Income Households):

Table 4-7
Bonus for Moderate-Income Households
Percentage of Moderate-Income Units Percentage of Density Bonus
Proposed

10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75

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Chapter 18.64 Density Bonus and Affordable Housing

42 42.5
43 46.25
44 50

Bonus for Other Identifiable Groups. A housing development that is eligible for a bonus in
compliance with the criteria in Subparagraph 18.64.020 A.5. (Other Identifiable Groups) shall
be entitled to a density bonus of 10 percent of the number of housing units giving rise to a
density bonus under that Paragraph.
Bonus for Student Housing Development with Low-Income Units. A housing
development that is eligible for a bonus in compliance with the criteria specified in
Subparagraph 18.64.020.A.6 (Student Housing) shall be entitled to a density bonus calculated
in compliance with Table 4-8 (Bonus for Low-Income Student Housing). For purposes of
calculating a density bonus granted pursuant to this paragraph, the term “unit” as used in this
section means one rental bed and its pro rata share of associated common area facilities:
Table 4-8
Bonus for Low-Income Student Housing
Percentage of Low Income Units Percentage of Density Bonus
Proposed

20 35
21 38.75
22 42.5
23 46.25
24 50

100 Percent Affordable Developments.

a. A housing development that is eligible for a bonus in compliance with the criteria in
paragraph 18.64.020.A.7 (100 Percent Affordable Developments), that meets all of the
following requirements:

(1) The rent for at least 20 percent of the total units in the development
(excluding a manager’s unit or units) shall meet the requirements for
“affordable rent” specified in Health and Safety Code Section 50053.

(2) The rent for all other units in the development (excluding a manager’s unit
or units) shall meet the requirements for developments that receive an
allocation of State or Federal low-income housing tax credits from the
California Tax Credit Allocation Committee.

b. Amount of bonus available.

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(1) Except as otherwise provided in subparagraph (2), the density bonus shall
be 80 percent of the number of units for lower-income households.

(2) If the housing development is located within one-half mile of a major transit
stop, the City shall not impose any maximum controls on density.

(3) If the housing development is located in a very low vehicle travel area
within a designated county, the city, county, or city and county shall not
impose any maximum controls on density.

Condominium Conversions. A housing development that is eligible for a bonus in

compliance with the criteria specified in paragraph 18.64.020.A.8 (Condominium
Conversions) shall be entitled to a 25 percent density bonus.
Properties within One-Quarter Mile of A Multimodal Transit Stop. For properties within
one-quarter mile of a multimodal transit stop, allow a 10 percent increase in residential density
and/or a 10 percent increase in the maximum allowed nonresidential square footage, provided
that the increased density and/or intensity is compatible with planned uses on neighboring
properties and consistent with other applicable General Plan policies.
Development Proposing A Minimum LEED Gold or Greater Equivalent. For development
proposing a minimum LEED Gold or greater equivalent, allow a 10 percent increase in
residential density and/or a 10 percent increase in the maximum allowed nonresidential
square footage, provided that the increased density and/or intensity is compatible with
planned uses on neighboring properties and consistent with other applicable General Plan
policies.
Childcare Facilities. A housing development that is eligible for a bonus in compliance with
the criteria specified in paragraph 18.64.020.A.9 (Housing with Childcare Facilities) shall be
entitled to a density bonus in compliance with Section 18.64.060.
Density Bonus for Land Donation. When an applicant for a tentative map, parcel map, or
other residential development approval donates land to the City in compliance with this
Paragraph, the applicant shall be entitled to a density bonus for the entire development, as
follows; provided, that nothing in this Paragraph shall be construed to affect the authority of
the City to require a developer to donate land as a condition of development approval.
a. Basic Bonus. The applicant shall be entitled to a 15 percent increase above the
otherwise maximum allowable residential density under the applicable General
Plan Land Use Plan designation and zone for the entire development, in
compliance with Table 4-8 (Basic Bonus):

Table 4-9
Basic Bonus
Percentage of Very Low- Percentage of Density
Income Units Proposed Bonus

10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22

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Table 4-9
Basic Bonus
Percentage of Very Low- Percentage of Density
Income Units Proposed Bonus

18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35

b. Increased Bonus. The increase identified in Table 4-8 (Basic Bonus) above shall be in
addition to any increase in density allowed by Paragraphs A.1. through A.11., up to a
maximum combined density increase of 35 percent if an applicant seeks both the increase
required in compliance with this Paragraph A.12., as well as the bonuses provided by
Subsections A.1. through A.11
c. Eligibility for Increased Bonus. An applicant shall be eligible for the increased density
bonus provided by this Paragraph only if all the following conditions are met:

(1) The applicant donates and transfers the land no later than the date of approval of
the final subdivision map, final parcel map, or residential development application.

(2) The developable acreage and zoning classification of the land being transferred are
sufficient to allow construction of units affordable to very low-income households in
an amount not less than 10 percent of the number of residential units of the proposed
development.

(3) The transferred land is at least one acre in size, or of sufficient size to allow
development of at least 40 dwelling units; has the appropriate General Plan Land
Use Plan designation; is appropriately zoned with development standards for
development at the density described in Government Code Section 65583.2(c)(3);
and, is or will be served by adequate public facilities and infrastructure.

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(4) No later than the date of approval of the final subdivision map, final parcel map, or
of the residential development, the transferred land shall have all of the permits and
approvals, other than Architectural Review and Building Permits, necessary for the
development of the very low income housing units on the transferred land.

(5) The transferred land and the affordable units shall be subject to a deed restriction
ensuring continued affordability of the units consistent with Section 18.64.070
(Continued Availability), which shall be recorded on the property at the time of
dedication.

(6) The land is transferred to the City or to a housing developer approved by the City.
The City may require the applicant to identify and transfer the land to the approved
housing developer.

(7) The transferred land shall be within the boundary of the proposed development or, if
the City agrees, within one-quarter mile of the boundary of the proposed
development.

(8) The applicant identifies a proposed source of funding for the very low-income units
not later than the date of approval of the final subdivision map, final parcel map, or
residential development application.

(9) Any land that is donated to the City in compliance with to SCCC Chapter 17.35 (“Park
and Recreational Land”) is ineligible for a density bonus in compliance with this
paragraph.

Greater or Lesser Bonuses. The City may choose to grant a density bonus greater than provided by
this Section for a development that meets the requirements of this Section or grant a proportionately
lower density bonus for a development that does not fully comply with the requirements of this Section.

Density Bonus Calculations. The calculation of a density bonus in compliance with this Section that
results in fractional units shall be rounded up to the next whole number, as required by State law. For
calculating a density bonus, the residential units do not have to be based upon individual subdivision
maps or parcels.

Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall
not be interpreted, in and of itself, to require a General Plan amendment, Zone Map amendment, or
other discretionary approval. The granting of a density bonus shall not require or be interpreted to
require the waiver of a local ordinance or provisions of a local ordinance unrelated to development
standards.

Location of Bonus Units. The developer may locate density bonus units in the housing development
project in areas other than where the units for the lower income households are located.

Additional Density Bonus Pursuant to AB 1287 (2023). A project that provides sufficient affordable
units to qualify for a 50% density bonus pursuant to paragraphs 1, 2, or 4 of subsection A, which also
commits to providing additional affordable units, shall be eligible for an additional density bonus as
follows, unless a lesser percentage is proposed by the applicant:

1. Additional Bonus for Very-Low Income Units. A housing development that provides
additional units for Very Low-Income Households meeting the requirements of Section
18.64.020.A.2 shall be entitled to an additional density bonus calculated in compliance with
Table 4-9 (Additional Bonus for Very Low-Income Households):

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Table 4-10
Additional Bonus for Very Low-Income Households
Additional Percentage of Very Low- Percentage of Additional Density
Income Units Proposed Bonus

5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75

2. Additional Bonus for Moderate-Income Units. A housing development that provides

additional for-sale units for Moderate Income Households meeting the requirements of
Section 18.64.020.A.4 shall be entitled to an additional density bonus calculated in
compliance with Table 4-10 (Additional Bonus for Moderate-Income Households):

Table 4-11
Additional Bonus for Moderate-Income Households
Percentage of Additional Moderate- Percentage of Additional
Income Units Proposed Density Bonus

5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50

18.64.040 – Allowed Incentives or Concessions

Applicant Request and City Approval.

An applicant for a density bonus in compliance with this Chapter may submit to the City a
proposal for the specific incentives or concessions listed in Subsection C. (Type of Incentives),
below, that the applicant requests in compliance with this Section, and may request a meeting
with the Director. The applicant may file a request either before filing an application for City
approval of a proposed project or concurrently with an application for project approval. The
Council shall grant an incentive or concession request that complies with this Section unless
the Council makes any of the following findings in writing, based upon substantial evidence:
a. The incentive or concession does not result in identifiable and actual cost
reductions, to provide for affordable housing costs, as defined in Health and Safety
Code Section 50052.5, or for rents for the targeted units to be set as specified in
Section 18.64.070 B. (Dwelling Unit Cost Requirements);
b. The incentive or concession would have a specific adverse impact, as defined in
Government Code Section 65589.5(d)(2), upon public health and safety, or on any

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real property listed in the California Register of Historical Resources and for which
there is no feasible method to satisfactorily mitigate or avoid the specific adverse
impact without rendering the development unaffordable to low- and moderate-
income households; or
c. The concession or incentive would be contrary to State or Federal law.
d. The applicant has already received the maximum quantity of incentives specified
in Subsection B., below.
The applicant shall show that a waiver or modification of development standards is necessary
to make the housing units economically feasible.

Number of Incentives. The applicant shall receive the following number of incentives or concessions.

One Incentive or Concession. One incentive or concession for a project that includes at
least 10 percent of the dwelling units for lower income households, at least five percent for
very low-income households, or at least 10 percent for persons and families of moderate
income in a for-sale development or at least 20 percent for lower income students in a student
housing development.
Two Incentives or Concessions. Two incentives or concessions for a project that includes
at least 17 percent of the dwelling units for lower income households, at least 10 percent for
very low-income households, or at least 20 percent for persons and families of moderate
income in a for-sale development, or at least 23 percent of the total units for lower income
students in a student housing project.
Three Incentives or Concessions. Three incentives or concessions for a project that
includes at least 24 percent of the dwelling units for lower income households, at least 15
percent for very low-income households, or at least 30 percent for persons and families of
moderate income in a for-sale development.
Four Incentives or Concessions. Four incentives or concessions for projects that include at
least 16 percent of the units for very low income households or at least 45 percent for persons
and families of moderate income in a development in which the units are for sale.
Five Incentives or Concessions. Five incentives or concessions for a 100 percent affordable
project that is eligible for a bonus under paragraph 18.64.020.A.7. In addition, if such a project
is located within one-half mile of a major transit stop, or is located in a very low vehicle travel
area as defined in Government Code Section 65915, the applicant shall also receive a height
increase of up to three additional stories, or 33 feet.

Type of Incentives. For the purposes of this Chapter, concession or incentive means any of the
following:

A reduction in the site development standards of this Zoning Code (e.g., site coverage
limitations, setbacks, on-site open space requirements, reduced parcel sizes, and/or parking
requirements) (also see Section 18.64.050 [Parking Requirements in Density Bonus
Projects]), or a modification of architectural design requirements, which exceed the minimum
building standards specified in SCCC Title 15 (“Building and Construction”), and which results
in identifiable, and actual cost reductions to provide for affordable housing costs, as defined
in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as
identified in Section 18.64.070 B. (Dwelling Unit Cost Requirements);
Zoning Map amendment to Mixed Use-Neighborhood Commercial (MU-NC, Mixed Use-
Community Commercial (MU-CC), or Mixed Use-Regional Commercial (MU-RC) in
conjunction with the housing development, if nonresidential land uses will reduce the cost of
the housing development, and the nonresidential land uses are compatible with the housing

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project and the existing or planned development in the area where the project will be located;
and/or
Other regulatory incentives proposed by the applicant or the City that will result in identifiable
and actual cost reductions to provide for affordable housing costs, as defined in Section
50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified
in Subsection 18.64.070 B. (Dwelling Unit Cost Requirements).

Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted,
in and of itself, to require a General Plan amendment, Zoning Map amendment, study, or other
discretionary approval.

18.64.050 – Parking Requirements in Density Bonus Projects

Applicability. This Section applies to a development that meets the requirements of Section 18.64.020
(Eligibility for Bonus, Incentives, and Concessions), above, at the request of the applicant. An applicant
may request additional parking incentives or concessions beyond those provided in this Section in
compliance with Section 18.64.040 (Allowed Concessions and Incentives), above through either a
Modification, or Variance. A request in compliance with this Section shall neither reduce nor increase
the number of incentives or concessions to which the applicant is entitled in compliance with Section
18.64.040 (Allowed Concessions or Incentives).

Number of Parking Spaces Required.

Default Parking Ratio. At the request of the applicant, the City shall not require vehicular
parking for a project that complies with the requirements of Section 18.64.020 (Eligibility for
Bonus, Incentives, and Concessions), above, inclusive of handicapped and guest parking,
that exceeds the following ratios:
a. Zero or one bedroom: One on-site parking space per unit.
b. Two or three bedrooms: 1.5 on-site parking spaces per unit.
c. Four or more bedrooms: Two- and one-half on-site parking spaces per unit.
d. Student Housing Developments: Zero parking spaces.

Notwithstanding paragraph 1, above, if a development includes the maximum percentage of

low income or very low-income dwelling units specified in Subparagraphs 18.64.030 A.1. and
2. (Allowed Density Bonuses), above, and is located within one-half mile of a major transit
stop and there is unobstructed access to the major transit stop from the development, then,
upon the request of the applicant, the City shall not impose a vehicular parking ratio, inclusive
of handicapped and guest parking, that exceeds 0.5 spaces per bedroom.
Notwithstanding paragraph 1, above, if a development consists solely of rental units, exclusive
of a manager’s unit(s), with an affordable housing cost to lower income families, as specified
in Health and Safety Code Section 50052.5, then, upon the request of the applicant, the City
shall not impose a vehicular parking ratio, , if the development meets any of the following
conditions:
a. 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.
b. 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.

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c. The development is a special needs housing development, as defined in Health and Safety
Code Section 51312, 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.
d. The development is a supportive housing development, as defined in Health and Safety
Code Section [Link] Study. Notwithstanding paragraphs 2. and 3., above, if the
City, or an independent consultant, has conducted an areawide or citywide parking study in
the last seven years, then the City may impose a higher vehicular parking ratio not to exceed
the ratio described in Subparagraph B.1. (Default Parking Ratio), above, based upon
substantial evidence found in the parking study, that includes, but is not limited to, an analysis
of parking availability, differing levels of transit access, walkability access to transit services,
the potential for shared parking, the effect of parking requirements on the cost of market-rate
and subsidized developments, and the lower rates of car ownership for low-income and very
low income individuals, including seniors and special needs individuals. The City shall pay the
costs of any new study. The City shall make findings, based on a parking study completed in
compliance with this Paragraph, supporting the need for the higher parking ratio.

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), 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:

(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 Availability),
below; and

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(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, the 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 five 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 granting 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 (Controls of Resale), below.

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.

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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 in For-Sale Developments – 10 Years. The continued
availability of moderate-income dwelling units in a for-sale 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 shall be approved as part of the entitlement granted by the Council.
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.

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.

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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:
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;

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b. The deeds to the designated dwelling units shall contain a covenant 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 legal 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;

d. Provisions requiring owners to annually verify tenant incomes and maintain books and
records to demonstrate compliance with this Chapter;

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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 notice 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 Restrictions. 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.

18.64.120 – Waiver of Standards

Waiver of Standards Preventing the Use of Bonuses, Incentives, or Concessions. An applicant
may submit a written proposal to the Director for the waiver or reduction of development standards.

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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 satisfactorily 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 total 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 applicable 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 consistent 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.

18.64.130 – Mixed Use Density Bonuses

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:

Within the boundaries of the City of Santa Clara

In close proximity to public amenities including schools and employment centers.
Located within one-half mile of a major transit stop.

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:

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Up to a 20-percent increase in maximum allowable intensity in the General Plan.

Up to a 20-percent increase in maximum allowable floor area ratio.
Up to a 20-percent increase in maximum height requirements.
Up to a 20-percent reduction in minimum parking requirements.
Use of a limited-use/limited-application elevator for upper floor accessibility.
An exception to a zoning ordinance or other land use regulation.

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.

For purposes of this section, affordable housing may be contributed by the commercial developer in
one of the following manners:

The commercial developer may directly build the units.

The commercial developer may donate a portion of the site or property elsewhere to the
affordable housing developer for use as a site for affordable housing.
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.

Replacement Housing. For purposes of this section, subparagraph (A) of paragraph (3) of subdivision
(c) of Section 65915, as may be amended, shall apply.

If the developer of the affordable units does not commence with construction of those units in
accordance with timelines ascribed by the agreement described in subsection C., the City may withhold
certificates of occupancy for the commercial development under construction until the developer has
completed construction of the affordable units.

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.

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.

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

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:

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.

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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.
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

A. 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; and to acknowledge and
provide the community benefit associated with the provision of advanced wireless
telecommunication services within the City.

B. Applicability. The requirements of this Chapter shall apply to all wireless telecommunications
facilities located within the City, except for the following:

1. Telecommunications facilities placed in the public rights of way, which are governed by
Chapter 12.65 (Telecommunications Facilities In Public Rights-of-Way).

2. Handheld devices (i.e., cell phones, business-band mobile radios, walkie-talkies, cordless
telephones, garage door openers), and similar devices.

3. A consumer-end antenna described in 47 C.F.R. § 1.4000, including but not limited to a

satellite dish that is one meter (39 inches) or less in diameter or diagonal measurement
located in a residential or mixed-use zone, subject to the following :

i. If mounted on a mast, the antenna is mounted no higher than needed to receive

or transmit an acceptable quality signal and in no event higher than 12 feet above
roofline; or
ii. Consumer-end antennas proposed for properties located on the Historic
Resources Inventory or the California Register of Historic Resources shall apply
to the Director for a Significant Property Alteration (SPA) permit for small projects.

4. 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

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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.

5. 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.,
City 911 emergency services, police, and/or fire department, first responder medical
services, hospitals, etc.), are exempt from the provisions of this Chapter.

18.66.020 – Definitions

The following definitions shall apply to this Chapter.

Antennas. An apparatus designed for the purpose of emitting or receiving radiofrequency (RF)
radiation, to be operated or operating from a fixed location pursuant to Federal Communications
Commission (Commission or FCC) authorization, for the transmission or reception of writing, signs,
signals, data, images, pictures, and sounds of all kinds. For purposes of this definition, the term
“antenna” does not include an unintentional radiator, mobile station, or device authorized under 47
CFR Subpart G, as may be amended.

Base Station. The term “base station” shall have the same meaning as in 47 C.F.R. Section
1.6100, as may be amended.

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.

Concealed Facility. A wireless telecommunications facility that is integrated as an architectural

feature of an existing supporting structure or any new wireless telecommunications facility that is
camouflaged or concealed so that the presence of the facility is either: (1) virtually imperceptible to
the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar
structure; or (2) camouflaged so as to blend in with its surroundings to such an extent that, to a
casual observer, it does not appear to be a wireless telecommunications facility. To qualify as a
concealed facility, the facility in question must match the character of its surroundings and the type
of item that it is mimicking in size, scale, shape, dimensions, color, materials, function, and other
attributes as closely as possible. The elements that make a facility a concealed facility are
concealment elements.

Concealment Element. Any design feature, including but not limited to painting, landscaping,
shielding requirements and restrictions on location, proportions, or physical dimensions in relation
to the surrounding area or supporting structures that are intended to and do make a wireless
telecommunications facility or its supporting structure less visible or obtrusive to the casual
observer.

Consumer-end antennas. Antennas which are either: subject to the Federal Communications
Commission (FCC) Over-the-Air-Receiving Devices Rule (47 C.F.R. § 1.4000) placed at an end
user’s premises used solely for the purpose of the provision of services to that end user; or solely
for amateur radio communications.

DAS. Distributed Antenna System

.
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.

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Eligible Facilities Request. As defined in 47 C.F.R. § 1.6100(b)(3), as may be amended.

FCC. Federal Communications Commission, or the Federal successor agency, responsible for
regulating telecommunications in the United States.

Monopole. A single unguyed 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.)
Radiofrequency (RF) Radiation. Radiation from the portion of the electromagnetic spectrum with
frequencies between 3 kilohertz (3 kHz) and 300 gigahertz (GHz), including microwaves, television
VHF and UHF signals, radio signals, and low to ultra-low frequencies.

Radome. A dome or other structure protecting radar equipment.

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. “Repeater” as used in this ordinance does not include Wi-Fi range extenders and boosters
intended for in-home use.
Slimline Monopole. A monopole with a maximum allowable height of 75 feet, including the
antenna, that uses antennas shielded by a radome projecting less than three feet from the center
of the pole.

Stealth Technology/Techniques. Camouflaging methods applied to wireless telecommunication

towers, antennas and/or other facilities, which result in the facilities appearing to be something else
(for example, a clock tower).

Substantial Change. A modification to an eligible support structure meeting the criteria of 47

C.F.R. § 1.6100(b)(7), as may be amended.

Transmission Equipment. Equipment that facilitates transmission of any FCC-licensed or

authorized wireless service, as described in more detail in 47 C.F.R. § 1.6100(b)(8), as may be
amended.

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 character surrounding
the proposed wireless telecommunication facility site.

Wireless Telecommunication (or Telecommunications) Facility. A facility at a fixed location,

including all associated equipment, which supports the FCC-licensed transmission and/or receipt
of electromagnetic/radio signals. 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 equipment, equipment structures,
parking area, and other accessory development.

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.

18.66.030 – Exemptions from Discretionary Permits

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The following wireless telecommunication facilities are exempt from the discretionary permit
requirements of this Chapter. However, each wireless 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.

A. Replacement or modification of a previously allowed facility or equipment, or collocation of new

transmission equipment, that does not substantially change the physical dimensions of the existing
facility or equipment and qualifies as an “eligible facilities request” under 47 CFR § 1.6100, as may
be amended.

B. Temporary mobile wireless facilities intended or used to provide wireless services on a temporary
or emergency basis, such as a large-scale special event in which more users than usual gather in
a confined location or when a disaster requires additional service capabilities. Temporary wireless
telecommunications facilities include, without limitation, cells on wheels (COW), sites on wheels
(SOW), cells on light trucks (COLTs), or other similar wireless telecommunications facilities: (1)
that will be in place for less than two weeks in duration (or such other longer time as the City may
allow in light of the event or emergency); (2) for which any required notice is provided to the FAA;
(3) that do not require marking or lighting under FAA regulations; (4) that will be less than 100 feet
in height; and (5) that will either involve no excavation or involve excavation only as required to
safely anchor the facility, where the depth of previous disturbance exceeds the proposed
construction depth (excluding footings and other anchoring mechanisms) by at least two feet.
Applicants may seek an extension for any such installation, which extension shall be subject to the
discretion of the Director, based upon a review of the ongoing need for the temporary facility, as
well as any relevant impact assessments, and provided that any such extension requests are
accompanied by detailed justification and other documentation deemed necessary by the Director.

C. Any modification or maintenance activities carried out as part of the routine operation of wireless
telecommunication facilities that do not result in substantial change.

D. 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 18.66.030 (Exemptions

from Discretionary Permits) shall be installed, erected, or modified in the City without the approval
of either a Conditional Use Permit or Minor Use Permit, in addition to a Zoning Clearance, in
compliance with the list of allowable land uses specified in Article 2 (Zones, Allowable Uses, and
Development Standards) and the following.

A. 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.

B. 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. A Minor Use Permit is also
required for a Concealed Facility of any height.

C. Conditions. In approving a Conditional Use Permit or Minor Use Permit, 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.

D. Zoning Clearance. A nondiscretionary Zoning Clearance is required for co-location of new

transmission equipment on an existing permitted wireless telecommunication tower or facility,

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where the co-location does not substantially change the physical dimensions of the existing facility
or equipment and qualifies as an “eligible facilities request” under 47 CFR § 1.6100, as may be
amended. 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:

1. Shall be consistent with current zoning regulations; and

2. Was previously granted discretionary review approval.

18.66.050 – Application Requirements

A. 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 subject to discretionary permitting shall also include all the
following:

1. 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 planned 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 colocate.

b. Identify any airport facility located within a four-mile radius of the proposed
site(s).

2. 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 locations for comparable facilities within each coverage area.

3. Service Map Required. The applicant shall provide a vicinity map of the geographic
service area for the proposed facility, including the service area of the applicant’s existing
sites in the local service network. The documentation shall provide a detailed description
of the coverage or capacity demand that the facility is intended to address.

4. 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.

5. 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.

6. Health Certification. The applicant shall supply detailed information regarding general
and occupation radio frequency exposure and mitigation measures acceptable to the
Director for the proposed facility; shall certify compliance with applicable FCC standards
for radio frequency radiation; and shall comply at all times with all applicable health
requirements and standards pertaining to electromagnetic and/or radio frequency

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radiation.

7. Co-Location. All new towers shall allow for co-location of public safety transmission
equipment when deemed feasible by the Director. Such co-location shall be considered
feasible if there is a mutual agreement between the tower owner and the public safety
entity, ensuring that technical compatibility, structural capacity, and the potential for
interference with existing services have been addressed to the satisfaction of each party.

B. 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:

1. 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; and

2. A proposed wireless telecommunication tower lighting plan.

18.66.060 – Location Requirements

A. Tower Placement in Commercial Zones. Wireless telecommunication towers located within a

Commercial zone shall be separated by a minimum distance of 200 feet from any other wireless
telecommunication towers, and there shall be no more than two towers on a single parcel, unless
the towers are located on a publicly owned parcel.

B. Facility Placement Near Residential and Mixed-Use Structures. In all zones, wireless
communications facilities shall be separated by a minimum distance of 300 feet of any residential
or mixed-use structure or any other existing wireless communications facility except as follows.

1. 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 are 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 feasible, all antennas and/or antenna panels
shall be flush mounted and limited in number to that amount necessary to
achieve the required coverage or service objective described in the project
application.

2. The proposed wireless telecommunication facility will replace or modify an existing wireless
telecommunication facility for purposes of co-location, or qualifies as an Eligible Facilities
Request.

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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:

A. Height and Separation Requirements.

1. 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.

2. Wireless telecommunications facilities and related equipment shall be safely erected and
maintained at a height which does not exceed the surrounding conditions, improvements,
and circumstances.

3. Wireless telecommunications facilities shall maintain at least one foot of separation to

residential uses (located on or off-site) for each one foot of tower height.

B. 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.

C. Concealment Elements and Stealth Features. Wireless telecommunications facilities shall

incorporate concealment elements and stealth features to blend the tower and other elements of
the wireless telecommunications facility into its natural surroundings to the maximum extent
possible. This is typically achieved through camouflaging the tower to look like trees or other similar
natural-looking features in the vicinity, but for building façades or rooftops, could include design
elements appropriate in size, proportion and design to the building itself. After installation,
concealment elements may be modified and/or enlarged if they do not result in a different degree
of concealment. After installation, stealth features may not be modified if the modifications would
defeat the stealth effect.

D. Equipment Cabinets. A wireless telecommunication facility shall not exceed four equipment
cabinets.

E. 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.

F. 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.

G. 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. Lighting may be permitted where part of an appropriate
stealth design.

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H. 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.

I. Backup Power Supply. Any 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.

J. Signs. No advertising signs or logos other than a maximum three-square foot nameplate shall be
allowed on a tower and related facilities, and no other signage shall be permitted except as part of
an approved stealth or concealment design, or as required by federal or state law.

K. HRI Properties. If a proposed facility would be located on, or within 200 feet of, a property listed
on the City’s Historic Resource Inventory, then a Significant Property Alteration Permit shall be
required.

18.66.080 – Operation and Maintenance Standards

A. 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 information 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:
1. Name, address, telephone numbers and legal status of the owner of the facility, 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;
2. Name, address, and telephone numbers (land line(s) and mobile) of a local contact person
for emergencies;
3. Type of service provided; and
4. Identification signs, including emergency phone numbers (land line(s) and mobile) of the
utility provider, shall be posted at all communication facility sites.

B. 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. Coloration, stealth elements and other elements designed to conceal the facility
shall be maintained and replaced as necessary to serve the purposes for which the conditions were
established.

C. 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.

D. Noise. Each wireless telecommunication facility shall be operated 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 Vibration).

E. Exterior Lighting. Any exterior lighting shall be manually operated and used only during night

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Article 4 – Standards for Specific Land Uses Chapter 18.42

maintenance or emergencies, unless otherwise required by applicable Federal law 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.

F. 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.

18.66.090 – Discontinuance and Site Restoration

A. All equipment exclusively associated with the 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 preconstruction condition or better, subject to the approval of the Director.

B. The service provider shall provide the City with a notice of intent to vacate a site a minimum of 30
days before site vacation.

C. This removal requirement, and appropriate bonding requirements, shall be included in the terms of
a lease for a facility on public property.

D. 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.”

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Chapter 18.66 Wireless Telecommunications Facilities

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4-72 July 2025 Santa Clara Zoning Code, Title 18

 Article 5 – Nonconformities

July 2025
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

Santa Clara Zoning Code, Title 18 July 2025 5-i

Table of Contents Article 5 – Nonconformities

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5-ii July 2025 Santa Clara Zoning Code, Title 18

Article 5 – Nonconformities Chapter 18.90

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 nonconformities 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 applicable 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 Article shall be determined by
a State licensed appraiser and confirmed by the Building Official.

Santa Clara Zoning Code, Title 18 July 2025 5-1

Chapter 18.90 General Nonconforming Provisions

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 permits 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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Article 5 – Nonconformities Chapter 18.90

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 zone 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 like), except as required for health and safety as determined by the Building Official and in
compliance with Section 18.92.050 (Repair and Alteration of Nonconforming Structures), below.

18.90.050 – Modification and Expansion

A nonconforming use or structure may be modified or expanded, but only as listed below, subject 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.

Santa Clara Zoning Code, Title 18 July 2025 5-3

Chapter 18.90 General Nonconforming Provisions

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 18.90.040 (Customary Maintenance and Repair) and the
expansion provisions of Section 18.92.040 (Allowed Improvements and Expansions of
Nonconforming Structures).

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)

5-4 July 2025 Santa Clara Zoning Code, Title 18

Article 5 – Nonconformities Chapter 18.92

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 (Customary Maintenance and Repair).

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 deterioration 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

Santa Clara Zoning Code, Title 18 July 2025 5-5

Chapter 18.92 Nonconforming Structures

destruction 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 Due 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 compliance 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. Residences with legal nonconforming parking. Expansions of single-family dwellings

and duplexes with legal nonconforming parking are 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 expansions in the aggregate since the parcel or
structure became nonconforming.

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Article 5 – Nonconformities Chapter 18.92

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 (Destroyed or Deteriorated Non-Residential

Structures) 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.

Santa Clara Zoning Code, Title 18 July 2025 5-7

Chapter 18.92 Nonconforming Structures

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5-8 July 2025 Santa Clara Zoning Code, Title 18

Article 5 – Nonconformities Chapter 18.94

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 alterations 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.

Santa Clara Zoning Code, Title 18 July 2025 5-9

Chapter 18.94 Nonconforming Uses

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. Abandonment 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 with 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 license 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.

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Article 5 – Nonconformities Chapter 18.96

Chapter 18.96 – Nonconforming Parcels

Sections

18.96.010 – Use of Legal Nonconforming Parcels

18.96.020 – Subdivision of Legal 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.

Santa Clara Zoning Code, Title 18 July 2025 5-11

Chapter 18.96 Nonconforming Parcels

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5-12 July 2025 Santa Clara Zoning Code, Title 18

Article 5 – Nonconformities Chapter 18.98

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 Standards).

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 Regulations and Design Standards).

2. The only exception to this provision is found in Subsection 18.92.040 A.1. (Residences
with legal nonconforming parking), which allows retention of legal nonconforming parking
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 Regulations and Design Standards).

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 Regulations and
Design Standards) to the fullest extent feasible.

Santa Clara Zoning Code, Title 18 July 2025 5-13

Chapter 18.98 Other Specific Nonconforming Provisions

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).

5-14 July 2025 Santa Clara Zoning Code, Title 18

 Article 6 – Permit Processing Procedures

July 2025
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

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Table of Contents Article 6 – Permit Processing Procedures

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 Temoporary Uses ---------------------------------------------------------------------------- 6-29
18.122.050 – Allowed Temporary Uses ----------------------------------------------------------------------------- 6-30
18.122.060 – Application Filing, Processing, and Review ------------------------------------------------------ 6-31
18.122.070 – Director’s Review --------------------------------------------------------------------------------------- 6-32
18.122.080 – Findings and Decision --------------------------------------------------------------------------------- 6-32
18.122.090 – Conditions of Approval -------------------------------------------------------------------------------- 6-33
18.122.100 – Condition of Site Following Temporary Use ------------------------------------------------------ 6-34
18.122.110 – Post-Decision Procedures ---------------------------------------------------------------------------- 6-34
Chapter 18.124 – Variances and Minor Modifications ------------------------------------ 6-35
18.124.010 – Purpose --------------------------------------------------------------------------------------------------- 6-35
18.124.020 – Applicability----------------------------------------------------------------------------------------------- 6-35
18.124.030 – Application Filing and Processing ------------------------------------------------------------------ 6-36
18.124.040 – Project Review, Notice, and Review --------------------------------------------------------------- 6-36
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 ----------- 6-41
18.128.010 – Purpose --------------------------------------------------------------------------------------------------- 6-41
18.128.020 – Conformance to Approved Plans ------------------------------------------------------------------- 6-41
18.128.030 – Effective Dates of Permits ---------------------------------------------------------------------------- 6-41
18.128.040 – Approvals Under the Permit Streamlining Act --------------------------------------------------- 6-42
18.128.050 – Performance Guarantees ----------------------------------------------------------------------------- 6-42
18.128.060 – Expiration ------------------------------------------------------------------------------------------------- 6-43
18.128.070 – Time Extensions ---------------------------------------------------------------------------------------- 6-44
18.128.080 – Changes to an Approved Project ------------------------------------------------------------------- 6-45
18.128.090 – Resubmittals --------------------------------------------------------------------------------------------- 6-46
18.128.100 – Condition Compliance Required -------------------------------------------------------------------- 6-47
Chapter 18.130 – Historic Preservation -------------------------------------------------------- 6-49
18.130.010 – Purpose --------------------------------------------------------------------------------------------------- 6-49
18.130.020 – Intent ------------------------------------------------------------------------------------------------------- 6-49
18.130.030 – Identification of HRI Properties ---------------------------------------------------------------------- 6-49
18.130.040 – HRI Property Designation ---------------------------------------------------------------------------- 6-49
18.130.050 – Property Alteration -------------------------------------------------------------------------------------- 6-52
18.130.060 – Demolition Permits ------------------------------------------------------------------------------------- 6-54
18.130.070 – HLC Referral for Projects Near HRI Properties ------------------------------------------------- 6-54
18.130.080 – Unsafe or Dangerous Conditions ------------------------------------------------------------------- 6-55

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Article 6 – Permit Processing Procedures Table of Contents

TABLES

Table 6-1 Review Authority ............................................................................................................ 6-5

Santa Clara Zoning Code, Title 18 July 2025 6-iii

Table of Contents Article 6 – Permit Processing Procedures

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6-iv July 2025 Santa Clara Zoning Code, Title 18

Article 6 – Permit Processing Procedures Chapter 18.110

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

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Chapter 18.110 General Provisions

Quasi-Judicial Actions and Permits, Director Approval. Except when combined with legislative
actions, the Director is the designated Review Authority for the following quasi-judicial permits and
actions. Alternatively, the Director may refer applications to the Planning Commission. A public
hearing is required for the following quasi-judicial actions in compliance with Chapter 18.146 (Public
Notices and Hearings).

Historic Preservation—Significant Property Alteration (SPA) Permits for either Minor or

Major Alterations. A permit allowing for the alteration of properties and buildings on the
City’s Historic Resources Inventory (HRI), as specified in Chapter 18.130, Historic
Preservation. SPA permits are heard by the Director, with Major SPA permits reviewed and
recommended on by the Historical Landmarks Commission.

3. Minor Use Permits. A permit authorizing the operation of a specific use of land or a
structure in a particular location in compliance with the provisions of this Zoning Code and
the procedures specified in Chapter 18.114 (Conditional and Minor Use Permits).

4. Temporary Use Permits. A permit authorizing specific limited term uses in compliance
with conditions and performance criteria specified in Chapter 18.122 (Temporary Use
Permits).

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Article 6 – Permit Processing Procedures Chapter 18.110

2. Specific Plans. An action authorizing the review and adoption of a specific plan in
compliance with the provisions specified in Chapter 18.148 (Specific Plans and
Amendments).

18.110.030 – Additional Permits May Be Required

Santa Clara Zoning Code, Title 18 July 2025 6-3

Chapter 18.110 General Provisions

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6-4 July 2025 Santa Clara Zoning Code, Title 18

Article 6 – Permit Processing Procedures Chapter 18.112

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

Applicable Role of Review Authority(1)(2)

Type of Action
Code Planning
Director Council
Citation Commission
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 18.42 Decision Appeal
Programs
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 Modifications 18.114 Decision Appeal
Historic Preservation – SPAs for Small 18.130 Decision Appeal
Projects

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Chapter 18.112 Application Processing Procedures

Table 6-1
Review Authority

Historic Preservation – SPAs for Major 18.130 Decision Appeal

Alterations
Variances 18.124 Decision Appeal
C. Legislative Actions
General Plan Text/Map Amendments 18.142 Recommend Decision
Specific Plans and Amendments 18.142 Recommend Decision
Zoning Code Text/Zoning Map 18.142 Recommend Decision
Amendments
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 See Title 17 (Development), Chapter 17.05 (Subdivisions)
Approvals
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.

6-6 July 2025 Santa Clara Zoning Code, Title 18

Article 6 – Permit Processing Procedures Chapter 18.112

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

Santa Clara Zoning Code, Title 18 July 2025 6-7

Chapter 18.112 Application Processing Procedures

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 elected 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.

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Article 6 – Permit Processing Procedures Chapter 18.112

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 determination 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.

Santa Clara Zoning Code, Title 18 July 2025 6-9

Chapter 18.112 Application Processing Procedures

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6-10 July 2025 Santa Clara Zoning Code, Title 18

Article 6 – Permit Processing Procedures Chapter 18.114

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 present
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.

Santa Clara Zoning Code, Title 18 July 2025 6-11

Chapter 18.114 Conditional Use Permits and Minor Use Permits

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 reviewed 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.

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Article 6 – Permit Processing Procedures Chapter 18.114

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 plan;

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

Santa Clara Zoning Code, Title 18 July 2025 6-13

Chapter 18.114 Conditional Use Permits and Minor Use Permits

18.114.080 – Post-Decision Procedures

6-14 July 2025 Santa Clara Zoning Code, Title 18

Article 6 – Permit Processing Procedures Chapter 18.116

Chapter 18.116 – Off-Site Parking Permits

Sections

18.118.010 – Purpose
18.118.020 – Intent
18.118.030 – Administrative Off-Site Parking Permit Required
18.118.040 – Procedure for Granting Off-Site Parking Permits
18.118.050 – Conditions of Approval
18.118.060 – Appeals
18.118.070 – Off-Site Parking Permit Requirements
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 Permit and violators will be subject to the
enforcement provisions specified in Article 7 (Zoning Code Administration).

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 flexibility 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 the
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.

Santa Clara Zoning Code, Title 18 July 2025 6-15

Chapter 18.116 Off Site Parking Permits

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 off-site uses, and are not available for concurrent use to meet on-site
parking demand;

5. Description/count of parking 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 entertainment 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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Article 6 – Permit Processing Procedures Chapter 18.116

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 the 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 Permits 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 plan 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 allowed 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 maintained 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.

Santa Clara Zoning Code, Title 18 July 2025 6-17

Chapter 18.116 Off Site Parking Permits

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 applicable zone shall
not be required to be rectified as a condition of permit approval.

18.116.080 – Post-Decision Procedures

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Article 6 – Permit Processing Procedures Chapter 18.118

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
18.118.100 – 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 pursuant to the Federal Fair Housing
Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter
“fair housing laws”), to provide individuals with disabilities reasonable accommodation in
rules, policies, practices and procedures to ensure equal access to housing and facilitate
the development of housing for individuals with disabilities under State 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, policies, practices and procedures
of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

18.118.020 – Applicability

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Chapter 18.118 Reasonable Accommodations

(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

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Use Permit, etc.), the applicant shall file the information required by Subsection A. (Application),
above, together with the materials required for the other discretionary approval.

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 submitted 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 take one of the following actions
regarding a request for Reasonable Accommodation:

1. Grant the Reasonable Accommodation request, based upon the findings specified 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 request 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
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.

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Chapter 18.118 Reasonable Accommodations

2. Mailing of Notice. The notice of City’s intent 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

with
disabilities protected under fair housing laws;

with disabilities protected under the fair housing laws;

18.118.070 – Rescission of Approval of Reasonable Accommodation

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18.118.080 – Information identified as confidential.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect
the privacy rights of the applicant and shall not be made available for public inspection.

18.118.090 – Deemed Granted

If the reviewing authority fails to render a written decision on the request for reasonable
accommodation within the thirty (30) day time period allotted, the request shall be deemed granted.

18.118.100 - Post-Decision Procedures

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Article 6 – Permit Processing Procedures Chapter 18.120

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 (Architectural Review Process), 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 (Public Hearing Required),
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.

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Chapter 18.120 Architectural Review

4. New freestanding non-residential development greater than 5,000 square feet in size.

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 Architectural 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 in 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 Heard 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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Chapter 18.120 Architectural Review

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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Article 6 – Permit Processing Procedures Chapter 18.122

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 – Exempt Temporary Uses

The following minor and limited duration temporary uses are exempt from the permit requirement for a
Temporary Use Permit. Temporary uses that do not fall within the categories defined below shall comply
with Section 18.122.050 (Allowed Temporary Uses), below.

A. Construction Sites – On-Site.

1. On-site contractors' construction and/or storage uses, in conjunction with an approved
construction project on the same parcel.

2. One caretaker unit may be present on-site during non-construction hours.

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Chapter 18.122 Temporary Use Permits

3. The construction and/or storage use shall be removed immediately upon completion of
the construction project, or the expiration of the companion Building Permit, authorizing
the construction project, whichever first occurs.

B. Emergency Facilities. Emergency public health and safety needs/land use activities, as
determined by the Director.

C. Garage and Yard Sales. Residential garage and yard sales for the purpose of selling used
household merchandise not to exceeding two, two-day periods each year.

D. Events on Publicly Owned Property. Events that are conducted solely on publicly owned
property and are sponsored by educational, fraternal, or service organizations directly engaged in
civic or charitable efforts, subject to the approval of the Director.

18.122.050 – Allowed Temporary Uses

The following temporary uses are allowed on private property, subject to the issuance of a Temporary Use
Permit, and only when conducted in compliance with the specified time limits and Section 18.124.090
(Conditions of Approval), below. A Temporary Use Permit shall not be issued if another temporary use has
occurred on the subject property within the previous 30 (whether by the same applicant or otherwise).

A. Contractors’ Construction Sites – Off-Site. The temporary use of a site for an off-site
contractor’s construction, staging, or storage area(s). The permit may be effective for up to 180
days and extended in 180-day increments, with Director approval, or the expiration of the
companion Building Permit, authorizing the construction project, whichever first occurs.

B. Special Events.

1. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs,
festivals, flea markets, food markets/events, outdoor entertainment/festivals/sporting
events, petting zoos, religious revivals, rodeos, rummage sales (not garage or yard sales),
tent camps, and swap meets limited to six consecutive days or less within any 30-day
period, or six two-day weekends, within a 12-month period. When an annual plan is
submitted to and approved by the Director, the frequency and duration of these special
events may be extended.

2. Outdoor display and sale events conducted by a retail business, including auto dealerships,
holding a valid Business License, issued in compliance with SCCC Title 5 (Business
Licenses and Regulations), may be allowed a maximum of six outdoor sale events
(excluding City-sponsored activities). For purposes of this Subsection, an outdoor sale
event shall be no longer than seven consecutive days in duration. When an annual plan
is submitted to and approved by the Director, the frequency and duration of these special
events may be extended.

3. Outdoor meetings and group activities/assemblies for two or less seven consecutive day
events, within a 12-month period.

4. Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots) in compliance
with SCCC Title 5 (Business Licenses and Regulations) provided, the length of the activity
may not exceed 45 days in any 365-day period.

5. Car washes, limited to one event each month for each site, not exceeding three days in
length, and prohibited within the residential zones. Sponsorship shall be limited to
charitable, educational, fraternal, religious, schools, or service organizations directly

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engaged in civic or charitable efforts, or to tax exempt organizations in compliance with

501(c) of the Federal Revenue and Taxation Code.

C. Temporary Residential Real Estate Sales Offices. One temporary real estate office may be
located in any approved residential subdivision located within any residential or mixed-use zone in
the City.

1. The temporary real estate office shall be used only for the sale of residential or commercial
property located within the subdivision in which the office is located.

2. The temporary real estate office shall be removed at the end of two years following the
date of the recording of the final map of the subject subdivision in which the Office is
located.

3. If any parcels within the subdivision have not been sold at the end of the original two-year
period, the Director may approve extensions for the continuation of the real estate office
on a month-to-month basis.

D. Temporary Structures. A temporary classroom, office, or similar portable structure, including a

manufactured or mobile unit, may be approved, for a maximum period of 12 months, as an
accessory use or as the first phase of a development project, on sites located within the
commercial, industrial, and mixed-use zones of the City.

E. Temporary Work Trailers. A permit for temporary work trailer(s) may be approved by the Director
for up to 12 months, as a temporary work site for employees of a business:

1. During construction or remodeling of a permanent commercial, industrial, or mixed-use

structure, when a valid Building Permit is in force; or

2. Upon demonstration by the applicant that the temporary work site is a short-term necessity,
while a permanent work site is being obtained.

F. Other Similar Temporary Uses. Similar temporary uses that, in the opinion of the Director, are
compatible with the subject zone and surrounding land uses.

G. Temporary Uses Needing Additional Days to Operate. Applications for temporary uses (other
than the uses specified in Subparagraph B., above that are proposed to last more than six days
(but not more than 45 days) or those proposed for a period of more than 15 consecutive days shall
require the approval by the Director of a Minor Use Permit in compliance with Chapter 18.114.

18.122.060 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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Chapter 18.122 Temporary Use Permits

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 project 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.

18.122.070 – 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 Department, or their designees, 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 emergency
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.

18.122.080 – Findings and Decision

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18.122.090 – Conditions of Approval

1. The temporary events shall be conducted in compliance with the applicable standards
specified in Section 18.60.190 (Temporary Uses).

2. Furthermore, the standards for parking, vehicle and delivery truck ingress and egress,
structure setbacks, heights, landscaping requirements, and other structure and 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 Director 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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Chapter 18.122 Temporary Use Permits

2.

18.122.100 – Condition of Site Following Temporary Use

18.122.110 – Post-Decision Procedures

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Article 6 – Permit Processing Procedures Chapter 18.124

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 yard regulations;

c. Minor Modifications of fence, wall, and hedge regulations;

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Chapter 18.124 Variances and Minor Modifications

d. Minor Modifications of other requirements of this Zoning 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 18.26 (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 hearing 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.

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 application 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 not 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 18.124.020 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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Article 6 – Permit Processing Procedures Chapter 18.126

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 alteration,
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 previously 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 (Accessory Dwelling Units) 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 forth in Section 18.60.020 (Accessory Dwelling
Units) 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 Conditional Use Permit is required, as determined by the
Director per Code Section 18.60.030 (Accessory Uses).

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 (Alcoholic Beverage Sales and Service).

J. Home Occupations, per Code Section 18.60.120.

K. Outdoor Dining and Seating Areas of 24 seats or fewer, per Code Section 18.60.140.

L. Reverse Vending Facilities meeting the objective standards of Table 4-2 (Standards for Reverse
Vending Machines), and 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.

B. 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.

C. 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

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 on a Reasonable Accommodation, Temporary Use Permit, and Zoning

Clearance shall become effective immediately following its approval/issuance.

2. Decisions on an 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 shall 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. (General Plan and
Specific Plan Adoption and 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 an 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/permit, 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, engineering, 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 than 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 24 months from the previous phase's date of construction
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 utilities, 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 18.128.060
(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 an 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 after 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 below (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 Director, 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 major 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 major change shall be processed in compliance with
Subsection D (Major Changes).

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 (denial 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 date 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 the 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 in compliance with Chapter 18.144 (Appeals).

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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 the
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.

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:

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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 with 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 (Criteria for Local Significance) of
Appendix 8.9 of the General Plan:

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 application for designation, the owner(s) or authorized

representative of the owner(s) shall provide written consent for the designation process to
the City.

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

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consent from the owner. If the owner does not consent to the designation application, the
designation procedure shall not proceed.

6. Applications for 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. 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 subject 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.

1. Designation may be repealed or amended in the same manner and procedure as was
followed in Subsection B. (Initiation of Designation) et seq. This action shall result from
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).

Santa Clara Zoning Code, Title 18 July 2025 6-51

Chapter 18.130 Historic Preservation

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 SPA Permits for small projects as
defined in this Chapter. 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.

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

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Article 6 – Permit Processing Procedures Chapter 18.130

(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 changes,
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 hearing, 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 property. 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.

3. Deteriorated or ineffective waterproofing 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.

Santa Clara Zoning Code, Title 18 July 2025 6-53

Chapter 18.130 Historic Preservation

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 eligible 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 City 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 deny 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.

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.

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Article 6 – Permit Processing Procedures Chapter 18.130

18.130.080 – Unsafe or Dangerous Conditions

A. None of the provisions of this Chapter 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.

Santa Clara Zoning Code, Title 18 July 2025 6-55

Chapter 18.130 Historic Preservation

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6-56 July 2025 Santa Clara Zoning Code, Title 18

 Article 7 – Zoning Code Administration

July 2025
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
– Hearing and Notice Required ------------------------------------------------------------------------ 7-24

Santa Clara Zoning Code, Title 18 July 2025 7-i

Table of Contents Article 7 – Zoning Code Administration

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

7-ii July 2025 Santa Clara Zoning Code

Article 7 – Zoning Code Administration Chapter 18.140

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), Chapter 17.05 (Subdivisions), 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.

Santa Clara Zoning Code, Title 18 July 2025 7-1

Chapter 18.140 Administrative Responsibility

– 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), 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);

2. Perform the duties and functions prescribed in this Zoning Code, including compliance with
Table 6-1 (Review Authority), and the California Environmental Quality Act (CEQA);

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Article 7 – Zoning Code Administration Chapter 18.140

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 requirements of Chapter 18.144 (Appeals).

Santa Clara Zoning Code, Title 18 July 2025 7-3

Chapter 18.140 Administrative Responsibility

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7-4 July 2025 Santa Clara Zoning Code, Title 18

Article 7 – Zoning Code Administration Chapter 18.142

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.

Santa Clara Zoning Code, Title 18 July 2025 7-5

Chapter 18.142 Amendments

– 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 Processing
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 Government
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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Article 7 – Zoning Code Administration Chapter 18.142

– 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 agreement 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 the Planning Commission is
unable to reach agreement 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 affirmative 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 amendment, 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.

Santa Clara Zoning Code, Title 18 July 2025 7-7

Chapter 18.142 Amendments

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 Respond – 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 Respond – 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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Article 7 – Zoning Code Administration Chapter 18.144

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 18.152
(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, any 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.

Santa Clara Zoning Code, Title 18 July 2025 7-9

Chapter 18.144 Appeals

4. Appeals Regarding All Other Architectural 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 to 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 include, 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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Article 7 – Zoning Code Administration Chapter 18.144

4. The appeal shall be accompanied by a written verification by at least one of the petitioners
attesting to the truth and correctness of all facts and maps and other graphic materials
presented with the appeal petition.

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 documents 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 18.144.020 (Appeal Subjects and
Jurisdiction), above, in most circumstances 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 appeal, 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 conditions 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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Chapter 18.144 Appeals

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 affirmative 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 written request
with the City Clerk 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.

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Article 7 – Zoning Code Administration Chapter 18.144

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.

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 the 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 Call 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 shall 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.

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Chapter 18.144 Appeals

10. Notice and Public Hearing.

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 affirmative 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.

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Article 7 – Zoning Code Administration Chapter 18.146

Chapter 18.146 – Public Notices and Hearings

Sections

– Purpose
– Notice 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 explanation 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 Negative
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.

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Chapter 18.146 Public Notices and Hearings

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 mailed, the notice 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.

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 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 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.

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Article 7 – Zoning Code Administration Chapter 18.146

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.
.
5. 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.

6. Errors. Any substantive 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.

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Chapter 18.146 Public Notices and Hearings

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 18.146.030 (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, tie 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 1st will be effective on October 31st.

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Article 7 – Zoning Code Administration Chapter 18.146

2. Adopted by Resolution.

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 or Event. Notwithstanding Subparagraphs 1. and 2., the

Council may take a final action and make it contingent on a future date or event.

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Chapter 18.146 Public Notices and Hearings

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Article 7 – Zoning Code Administration Chapter 18.148

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 over 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 other 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.

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Chapter 18.148 Permit Modifications and Revocations

– 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.

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Article 7 – Zoning Code Administration Chapter 18.150

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;

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Chapter 18.150 Permit Modifications and Revocations

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).

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Article 7 – Zoning Code Administration Chapter 18.152

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 Challenging 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.

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Chapter 18.152 Enforcement Provisions

– 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).

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Article 7 – Zoning Code Administration Chapter 18.152

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 objective 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 18.152.080

(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 18.152.100 (Recovery of
Costs), below.

b. The Director may, in the Director’s discretion, 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.

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Chapter 18.152 Enforcement Provisions

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 18.150 (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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Article 7 – Zoning Code Administration Chapter 18.152

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 Chapters 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.

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Chapter 18.152 Enforcement Provisions

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 administrative 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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Article 7 – Zoning Code Administration Chapter 18.152

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 charges 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 civil 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 shall 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.

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Chapter 18.152 Enforcement Provisions

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, enlarges, erects, maintains, or
moves any structure without first obtaining any permit required by SCCC Title 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

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Article 7 – Zoning Code Administration Chapter 18.152

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 determine 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.

Santa Clara Zoning Code, Title 18 July 2025 7-33

Chapter 18.152 Enforcement Provisions

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7-34 July 2025 Santa Clara Zoning Code, Title 18

 Article 8 – Definitions
July 2025
Title 18 – Zoning Code

TABLE OF CONTENTS

18.160.010 – “A” Definitions -------------------------------------------------------------------------------- 8-1

18.160.020 – “B” Definitions -------------------------------------------------------------------------------- 8-3
18.160.030 – “C” Definitions -------------------------------------------------------------------------------- 8-4
18.160.040 – “D” Definitions -------------------------------------------------------------------------------- 8-7
18.160.050 – “E” Definitions -------------------------------------------------------------------------------- 8-8
18.160.060 – “F” Definitions -------------------------------------------------------------------------------- 8-9
18.160.070 – “G” Definitions ------------------------------------------------------------------------------- 8-11
18.160.080 – “H” Definitions ------------------------------------------------------------------------------- 8-11
18.160.090 – “I” Definitions -------------------------------------------------------------------------------- 8-12
18.160.100 – “J” Definitions -------------------------------------------------------------------------------- 8-13
18.160.110 – “K” Definitions ------------------------------------------------------------------------------- 8-13
18.160.120 – “L” Definitions-------------------------------------------------------------------------------- 8-13
18.160.130 – “M” Definitions ------------------------------------------------------------------------------- 8-14
18.160.140 – “N” Definitions ------------------------------------------------------------------------------- 8-15
18.160.150 – “O” Definitions ------------------------------------------------------------------------------- 8-16
18.160.160 – “P” Definitions ------------------------------------------------------------------------------- 8-17
18.160.170 – “Q” Definitions ------------------------------------------------------------------------------- 8-20
18.160.180 – “R” Definitions ------------------------------------------------------------------------------- 8-21
18.160.190 – “S” Definitions ------------------------------------------------------------------------------- 8-22
18.160.200 – “T” Definitions ------------------------------------------------------------------------------- 8-26
18.160.210 – “U” Definitions ------------------------------------------------------------------------------- 8-26
18.160.220 – “V” Definitions ------------------------------------------------------------------------------- 8-27
18.160.230 – “W” Definitions ------------------------------------------------------------------------------ 8-28
18.160.240 – “X” Definitions ------------------------------------------------------------------------------- 8-29
18.160.250 – “Y” Definitions ------------------------------------------------------------------------------- 8-29
18.160.260 – “Z” Definitions ------------------------------------------------------------------------------- 8-30

Santa Clara Zoning Code, Title 18 July 2025 8-i

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

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8-ii July 2025 Santa Clara Zoning Code, Title 18

Article 8 – Definitions

18.160.010 – “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 or multi-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 Uses)

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 Uses)

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

Santa Clara Zoning Code, Title 18 July 2025 8-1

Article 8: Definitions

percent (25%) of the actual display area of the store) of its stock in trade for sale or rental to the public, or
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 photography 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.

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 Definitions

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 Health,
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.

18.160.020 – “B” Definitions

Banks and Financial Establishments. Commercial establishment including federally chartered banks,
savings and loan associations, industrial loan companies, and credit unions providing retail banking
services to individuals and businesses.

Banks and Financial Establishments, Stand-alone ATM. Stand-alone commercial establishment

typically in the form of a self-serve kiosk located 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 of the basement 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

Santa Clara Zoning Code, Title 18 July 2025 8-3

Article 8: Definitions

that separates two unlike land uses (e.g., the use of multi-family housing located between single-family
housing and commercial uses).

Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property
of any kind.

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.)

18.160.030 – “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 accessory 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 Facility. 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.

8-4 July 2025 Santa Clara Zoning Code, Title 18

 Definitions

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 additional
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 Recreational Facility, Indoor. 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 customarily associated with the above indoor commercial
recreation uses, including but not limited to bars and restaurants, fast-food restaurants, and video game
arcades.

Commercial Recreational Facility, Outdoor. 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.

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 living 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.

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Article 8: Definitions

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 in 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,
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) “Planned 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.

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(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.

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 structures 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.

18.160.040 – “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 HRI 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.

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Article 8: Definitions

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 structure 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 single 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.

18.160.050 – “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.

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 Definitions

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 Safety Code Section
50801. The definition also includes other interim interventions, including, but not limited to, navigation
centers, bridge housing, and respite or recuperative care.

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 significance 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).

18.160.060 – “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.

Fitness Facilities. A busines or an organization charging a membership or use fee, including private clubs
and gymnasiums, that provides exercise machines, free weights, swimming pool, spa, steam room or
fitness training and classes for use by clients.

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Article 8: Definitions

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 features 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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18.160.070 – “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.

18.160.080 – “H” Definitions

Hazardous Materials. 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 structure, 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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Article 8: Definitions

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 Commission
(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
18.60.120 (Home Occupations). Home occupations do not include business-type activities conducted
solely by residents of a unit that are limited to the 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.)

18.160.090 – “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

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 Definitions

but are not limited to, product assembly and distribution, vehicle and boat assembly, corporation
yards, 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.

18.160.100 – “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.

18.160.110 – “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.

18.160.120 – “L” Definitions

Landscaping. The planting and continued maintenance of suitable vegetation in conformity with the
requirements of this Zoning Code. See Landscaping 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

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Article 8: Definitions

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 to 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.

18.160.130 – “M” Definitions

Machine Tools Manufacturing. See “Industrial”.

Maintenance and Repair Services. On-site repair and incidental sales of supplies for small household
goods, machinery, tools, equipment, and appliances, conducted within an enclosed building. This
classification includes furniture refinishing and repair and excludes maintenance and repair of vehicles or
industrial equipment.

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 18.130 (Historic Preservation) 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 serving 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 (Massage Services and Massage Establishments)
for more information.

Mausoleum. See “Cemetery and Mausoleum”.

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 Definitions

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.

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.

18.160.140 – “N” Definitions

National Register of Historic Places. Means the National Historic Landmarks Register established
pursuant to 54 U.S.C. Section 302101 et seq.

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Article 8: Definitions

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.

Nonconforming Parcel. A parcel 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.

18.160.150 – “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.

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 Definitions

18.160.160 – “P” Definitions

Palisade Fencing. See “Fence, Palisade.”

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.

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Article 8: Definitions

Parcel line, Side. Any parcel line that is not a front parcel line or rear parcel line.

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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 Definitions

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 Facility. Designated area where vehicles may be temporarily parked in order to carpool
with other commuters or to ride public transit.

Parks and Plazas. Means a public park, including playgrounds and athletic fields/courts and public plazas
and outdoor gathering places, for community use.

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.

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Article 8: Definitions

These uses may also include accessory retail sales of products related to the personal services
provided.

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 nameplate 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), and 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 repair, 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 incarceration facilities; public libraries,
and post offices. Does not include facilities specifically identified under another land use category, including
schools.

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.

18.160.170 – “Q” Definitions

No terms defined.

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 Definitions

18.160.180 – “R” Definitions

Recycling. The series of activities by which discarded materials that would otherwise remain wastes are
collected, separated, or processed and used to make new products. See Chapter 18.60.180 (Recycling
Facilities).

Redemption Center. Facility where the public may donate, redeem, or sell recyclable materials.

Recycling Facility. 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 Facility. 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.

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 Establishment, 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 dedicated to nontaxable
goods.

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Article 8: Definitions

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

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, the
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.

18.160.190 – “S” Definitions

Satellite Dish Antenna. An apparatus capable of receiving or transmitting communications from a satellite.

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 Definitions

Secretary of the Interior’s Treatment Standards. The Secretary of the Interior’s Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, 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 12th 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 12th 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 12th
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 admission. 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 structure, 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.

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.

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Article 8: Definitions

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 microwave, 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.

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).

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.

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 Definitions

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 acceptable replacement is made with like materials and finishes, as
determined by the Community Development Director.

Smoke Shop: Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or
marketing of tobacco, tobacco products, or tobacco, vaping, compressed gas (i.e. nitrous oxide), or
cannabis paraphernalia. Any grocery store, supermarket, convenience store or similar retail use that only
sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a “smoke shop””
and is not subject to the restrictions in this chapter.

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 is 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 means anything constructed or erected, except fences not exceeding
six feet in height, the use of which requires location on or under the ground, or attachment to something
having location on the ground.

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.

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Article 8: Definitions

Structure, Primary. A structure in which the principal use is conducted.

Student Housing Development. Means a development that contains bedrooms containing two or more
bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry
facilities, and access to a shared or private kitchen.

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.

18.160.200 – “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 Services and Dispatch. Facility where buses, limousines, airporters and shuttles are stored and
dispatched from.

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.

18.160.210 – “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.

Use by Right. Shall mean that the City’s review of an owner-occupied or multifamily residential use may
not require a Conditional Use Permit, Planned Development Rezoning, or other discretionary review or
approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of
the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not
limited to, the City’s ordinance implementing the Subdivision Map Act. “Use by Right” does not exempt
the use from design review. However, that design review shall not constitute a “project” for purposes of
Division 13 (commencing with Section 21000) of the Public Resources Code. Use by Right for all rental
multifamily residential housing shall be provided in accordance with subdivision (f) of Government Code
Section 65589.5.

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 Definitions

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 Plants.

18.160.220 – “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 storage, sale or dumping of
dismantled, partially dismantled, wrecked or inoperative vehicles.

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 sale 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.); servicing 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

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Article 8: Definitions

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 Vehicles.

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.

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 vehicle 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 Facility. 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.

Visibility Clearance 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).

Vocational School. See “Specialized Education and Training/Studios”.

18.160.230 – “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 facility 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

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 Definitions

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.

18.160.240 – “X” Definitions

No terms defined.

18.160.250 – “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 highway
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.

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Article 8: Definitions

18.160.260 – “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.

8-30 July 2025 Santa Clara Zoning Code, Title 18