HomeMy WebLinkAbout103-Attachment #2.pdfCommercial District Regulations
15‐19.020 General Regulations.
The following general regulations shall apply to all commercial districts in the City:
(a) Permitted uses. The following permitted uses shall be allowed in any commercial district,
unless a use involves the operation of a business providing direct customer service (including,
but not limited to, conducting a delivery service) on‐site between the hours of 1:00 A.M. and
6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant
to Article 15‐55 of this Chapter:
(1) Retail establishments, except restaurants, markets, delicatessens, and any establishment
engaged in the sale of alcoholic beverages.
(2) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40
of this Chapter.
(3) Parking lots which comply with the standards for off‐street parking facilities as set forth in
Section 15‐35.020 of this Chapter.
(4) Accessory structures and uses located on the same site as a permitted use.
(b) Conditional uses. The following conditional uses may be allowed in any commercial district,
upon the granting of a use permit pursuant to Article 15‐55 of this Chapter:
(1) Restaurants.
(2) Markets and delicatessens.
(3) Any establishment engaged in the sale of alcoholic beverages.
(4) Hotels and motels.
(5) Bed and breakfast establishments.
(6) Institutional facilities.
(7) Community facilities.
(8) Game arcades.
(9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos
Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all
operations except the sale of gasoline and oil shall be conducted within an enclosed structure.
(10) Animal establishments, as defined in Section 7‐20.010(c) of this Code. All animal
establishments shall be subject to the regulations and license provisions set forth in Section 7‐
20.210 of this Code.
(11) Public buildings and grounds.
(12) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks, transmission lines and cable television facilities.
(13) Accessory structures and uses located on the same site as a conditional use.
(14) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications.
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(c) Expressly prohibited uses. Without limiting the application of Section 15‐05.055(a) of this
Chapter, the following uses are expressly declared to be prohibited in all commercial districts:
(1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge
which endangers human health or causes damage to animals, vegetation or property.
(2) Any use which creates offensive odor, noise, vibration, glare or electrical disturbance,
detectable beyond the boundaries of the site, or creates a hazard of fire or explosion.
(3) Any use involving drive‐through service, such as restaurants and financial institutions with
drive‐through windows.
(4) Any use involving automotive body work, such as collision repair, painting, dismantling or
customizing.
(5) Mini‐storage facilities.
(6) Outdoor sales or storage of motor vehicles.
15‐19.030 C‐N district regulations.
(a) Permitted uses. In addition to the permitted uses listed in Section 15‐19.020(a) of this
Article, the following permitted uses shall also be allowed in a C‐N district:
(1) Professional and administrative offices.
(2) Financial institutions.
(3) Personal service businesses.
(4) Religious and charitable institutions.
(5) Christmas tree and pumpkin sales lots.
(b) Conditional uses. In addition to the conditional uses listed in Section 15‐19.020(b) of this
Article, the following conditional uses may also be allowed in a C‐N district, upon the granting
of a use permit pursuant to Article 15‐55 of this Chapter.
(1) Mixed‐use development conforming to the design standards found in Article 15‐58.
(2) Medical offices and clinics.
15‐19.040 C‐V district regulations.
(a) Permitted uses. In addition to the permitted uses listed in Section 15‐19.020(a) of this
Article, the following permitted uses shall also be allowed in a C‐V district:
(1) Professional and administrative offices.
(2) Financial institutions.
(3) Personal service businesses.
(b) Conditional uses. In addition to the conditional uses listed in Section 15‐19.020(b) of this
Article, the following conditional uses may also be allowed in a C‐V district, upon the granting of
a use permit pursuant to Article 15‐55 of this Chapter:
(1) Religious and charitable institutions.
(2) Mixed‐use development conforming to the design standards found in Article 15‐58.
(3) Medical offices and clinics.
(4) Mortuaries.
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(5) Theaters.
(6) Automobile upholstering shops, provided all operations are conducted within an enclosed
structure.
15‐19.050 C‐H district regulations.
(a) Permitted uses. In addition to the permitted uses listed in Section 15‐19.020(a) of this
Article, the following permitted uses shall also be allowed in the CH‐1 and CH‐2 districts: (1)
professional, administrative and medical offices and financial institutions, when located either
above the street level or at the street level if separated from the street frontage by a retail
establishment; and (2) personal service businesses that are above street level, and personal
service businesses that are at street level but do not have primary access from Big Basin Way or
across the front lot line.
(b) Conditional uses. In addition to the conditional uses listed in Section 15‐19.020(b) of this
Article, the following conditional uses may also be allowed in the CH‐1 and CH‐2 districts, upon
the granting of a use permit pursuant to Article 15‐55 of this Chapter:
(1) Professional, administrative and medical offices and financial institutions, when located at
street level and having street frontage.
(2) Theaters.
(3) Religious and charitable institutions.
(4) Mixed‐use development conforming to the design standards found in Article 15‐58.
(5) Personal service businesses at the street level that have primary access from Big Basin Way
or across the front lot line.
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Residential District Regulations
Article 15‐12 R‐1: SINGLE‐FAMILY RESIDENTIAL DISTRICTS
15‐12.020 Permitted uses.
The following permitted uses shall be allowed in the R‐1 districts:
(a) Single‐family dwellings.
(b) Accessory structures and uses located on the same site as a permitted use, including garages
and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby
shops, cabanas, structures for housing swimming pool equipment, one second dwelling unit or
one guest house.
(c) Raising of fruit and nut trees, vegetables and horticultural specialties, not including
nurseries, greenhouses or storage of landscaping equipment products or supplies for
commercial uses.
(d) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40
of this Chapter.
(e) Stables and corrals for the keeping for private use of one horse for each forty thousand
square feet of net site area; provided, however, that in the equestrian zone only, one additional
horse may be permitted on the first forty thousand square feet of net site area, and an
additional horse may be permitted for each additional forty thousand square feet of net site
area. All horses shall be subject to the regulations and license provisions set forth in Section 7‐
20.220 of this Code.
(f) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use of a reasonable number of domestic dogs, cats and other small
mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7‐20 of
this Code, and subject also to the restrictions and standards prescribed in Section 15‐11.020(h)
of this Chapter.
(h) Except as specified in Section 15‐12.030, recreational courts, to be used solely by persons
resident on the site and their guests. (Amended by Ord. 221 § 2 (part), 2003)
15‐12.030 Conditional uses.
The following conditional uses may be allowed in the R‐1 districts, upon the granting of a use
permit pursuant to Article 15‐55 or Article 15‐56 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities, in excess of six persons being cared for at the facility.
(g) Public utility and public service pumping stations, power stations, drainage ways and
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structures, storage tanks and transmission lines.
(h) Recreational courts, to be used solely by persons resident on the site and their guests,
where the lot is located in an R‐1 district that is combined with a P‐C district or is part of a
planned residential development.
(i) Boarding stables and community stables, subject to the regulations prescribed in Section 7‐
20.220 of this Code.
(j) Model homes utilized in connection with the sale of new single‐family dwellings in a
subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning
Commission, upon a lot within another subdivision developed by the applicant, for such period
of time as determined by the Planning Commission, not to exceed an initial term of one year
and not exceeding a term of one year for each extension thereof.
(k) Cemeteries.
(l) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications. (Amended by Ord. 221 § 2 (part), 2003; Ord.
245 § 2 (Att. A) (part), 2006)
Article 15‐17 R‐M: MULTI‐FAMILY RESIDENTIAL DISTRICTS
15‐17.020 Permitted uses.
The following permitted uses shall be allowed in the R‐M districts:
(a) Single‐family dwellings.
(b) Multi‐family dwellings.
(c) Accessory structures and uses located on the same site as a permitted use, including garages
and carports, garden sheds, greenhouses, shade structures, recreation rooms, hobby shops,
cabanas and structures for housing swimming pool equipment.
(d) Raising of fruit and nut trees, vegetables and horticultural specialties, not including
nurseries, greenhouses or storage of landscaping equipment, products or supplies for
commercial uses.
(e) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40
of this Chapter.
(f) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use of a reasonable number of dogs, cats and other small mammals,
birds, fish and small reptiles, subject to the regulations as set forth in Article 7‐20 of this Code,
and subject also to the restrictions and standards prescribed in Section 15‐11.020(h) of this
Chapter.
15‐17.030 Conditional uses.
The following conditional uses may be allowed in the R‐M districts, upon the granting of a use
permit pursuant to Article 15‐55 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
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(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities.
(g) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(h) Recreational courts, to be used solely by persons resident on the site and their guests.
(i) Model dwelling units utilized in connection with the sale of dwelling units in a residential
subdivision, located within the same subdivision or, in the discretion of the Planning
Commission, within another subdivision developed by the applicant, for such period of time as
determined by the Planning Commission, not to exceed an initial term of one year and not
exceeding a term of one year for each extension thereof.
(j) Hotels, in the R‐M‐3,000 district only.
(k) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications. (Amended by Ord. 71‐163 § 1 (part), 1996)
Article 15‐13 HR: HILLSIDE RESIDENTIAL DISTRICT
15‐13.030 Permitted uses.
The following permitted uses shall be allowed in the HR district:
(a) Single‐family dwellings.
(b) Accessory structures and uses located on the same site as a permitted use, including garages
and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby
shops, cabanas, structures for housing swimming pool equipment and one guest house.
(c) Raising of vegetables, field crops, fruit and nut trees and horticultural specialties, and the
processing of such products as are so raised or grown on the premises.
(d) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40
of this Chapter.
(e) Stables and corrals or the keeping for private use of not more than two horses on a site. The
minimum net site area shall be forty thousand square feet for one horse and eighty thousand
square feet for two horses, except that in the equestrian zone only, a second horse may be kept
if the net site area is at least forty thousand square feet. All horses shall be subject to the
regulations and license provisions set forth in Section 7‐20.220 of this Code.
(f) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use, of a reasonable number of domestic dogs, cats and other small
mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7‐20 of
this Code, and subject also to the restrictions and standards prescribed in Section 15‐11.020(h)
of this Chapter.
(h) Public parks, trails and other publicly owned open spaces. (Ord. 71.113 § 2 (part), 1992)
15‐13.040 Conditional uses.
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The following conditional uses may be allowed in the HR district, upon the granting of a use
permit pursuant to Article 15‐55 or Article 15‐56 of this Chapter. The conditional uses listed in
subsections (k), (l), (m), (n) and (o) of this Section may be permitted, provided the uses do not
create major traffic or noise impacts and are found to be compatible with the immediately
surrounding area:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(c) Recreational courts, to be used solely by persons resident on the site and their guests.
(d) Boarding stables and community stables, subject to the regulations prescribed in Section 7‐
20.220 of this Code.
(e) Model homes utilized in connection with the sale of new single‐family dwellings in a
subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning
Commission, upon a lot within another subdivision developed by the applicant, for such period
of time as determined by the Planning Commission, not to exceed an initial term of one year
and not exceeding a term of one year for each extension thereof.
(f) Stables and corrals for the keeping for private use of more than two horses on a site. The
minimum net site area for each horse shall be forty thousand square feet, except that in the
equestrian zone only, one additional horse may be permitted for each forty thousand square
feet of net site area. All horses shall be subject to the regulations and license provisions set
forth in Section 7‐20.220 of this Code.
(g) Plant nurseries, excluding sales of items other than plant materials.
(h) Wineries.
(i) Cluster development in accordance with Section 15‐13.060(c).
(j) Community facilities.
(k) Institutional facilities.
(l) Police and fire stations and other public buildings, structures and facilities.
(m) Religious and charitable institutions.
(n) Nursing homes and day care facilities.
(o) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications. (Ord. 71.113 § 2 (part), 1992; Ord. 71‐163 § 1
(part), 1996; Ord. 245 § 2 (Att. A) (part), 2006)
Article 15‐20 R‐OS: RESIDENTIAL OPEN SPACE DISTRICT
15‐20.020 Permitted uses.
The following permitted uses shall be allowed in the R‐OS district:
(a) Single‐family dwellings. No more than one dwelling unit shall be located on each lot.
(b) Accessory structures located on the same lot as a permitted use and not exceeding a total
floor area of two hundred fifty square feet, including detached garages and carports, garden
sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas,
structures for housing swimming pool equipment and one guest house. Accessory structures for
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agricultural uses such as stables, barns, hay covers and storage sheds shall not exceed a total of
one thousand six hundred square feet.
(c) Agricultural uses such as raising of vegetables, field crops, vines, fruits, and nut trees, and
horticultural specialties, and the processing of such products.
(d) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40
of this Chapter.
(e) Stables, corrals, and pastures for the keeping of horses for private use. The minimum net
site area shall be one acre for each two horses kept on the site. All horses shall be subject to
the regulations and license provisions set forth in Section 7‐20.220 of this Code.
Notwithstanding the provisions of Section 16‐80.030(a) of this Chapter, no stable or corral shall
be located closer than thirty feet from any interior property line of the site or any structure for
human habitation. Setbacks from perennial or intermittent streams shall be sufficient to avoid
any discharge or mud slide into the stream. Any stable, corral or pasture which is fifty feet or
less from any perennial or intermittent stream bank shall require the approval of the City
Engineer and/or Santa Clara Valley Water District. The property owners shall comply with the
mitigation measures pursuant to the Water District and/or the City Engineer’s requirements. In
addition, the natural grade of a corral shall not exceed an average slope of fifteen percent.
(f) Swimming pools used solely by persons resident on the site and their guests. Pools shall be
constructed subject to the standards provided in Section 15‐20.050(g)(5) and Section 15‐
80.030.
(g) The keeping for private use of a reasonable number of domestic dogs, cats, sheep, goats,
and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth
in Article 7‐20 of this Code, and subject also to the restrictions and standards prescribed in
subsection 15‐11.020(h) of this Chapter.
(h) Public parks, trails and other publicly owned open spaces. (Ord. 71.98 § 2 (part), 1991; Ord.
245 § 2 (Att. A) (part), 2006)
15‐20.030 Conditional uses.
The following conditional uses may be allowed in the R‐OS district, upon the granting of a use
permit pursuant to Article 15‐55 or Article 15‐56 of this Chapter:
(a) Accessory structures exceeding a floor area of two hundred fifty square feet. The height
standards for such structures may be modified by the Planning Commission through use permit
approval.
(b) Accessory structures for agricultural use exceeding one thousand six hundred square feet in
total floor area.
(c) Amphitheaters and other facilities for outdoor presentation of drama, music or other forms
of entertainment available to the general public.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(f) One recreational court on a single site, to be used solely by persons resident on the site and
their guests, subject to the regulations prescribed in Section 15‐80.030(c) of this Chapter.
(g) Commercial stables, boarding stables and community stables, subject to the regulations
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prescribed in Section 7‐20.220 of this Code.
(h) Facilities for sale of agricultural products produced on the site, including on site retail sales
of Christmas trees.
(i) Wineries which may include conference facilities designed to accommodate no more than
fifty guests with no overnight accommodation.
(j) Picnic and camp sites.
(k) Botanical gardens.
(l) Clustered housing per Section 15‐20.060(d).
(m) Veterinarian clinics.
(Ord. 71.98 § 2 (part), 1991; Ord. 245 § 2 (Att. A) (part), 2006)