To provide appropriate locations where low to medium density mixed lot residential neighborhoods may be established, maintained, and protected. Residential agriculture areas which preserve agricultural use of the land may also allow a variety of lot sizes. The regulations permit the establishment, with proper controls, of uses such as churches, schools, parks, and permitted open spaces which serve the needs of families. The regulations are intended to prohibit those uses that would be harmful to a single-family residential neighborhood. (Ord. 2012-11)

The uses permitted in the R-1-10 zone, except for small animals, on ten thousand (10,000) square foot lots in the mixed lot size zone.

Accessory uses on lots where a main dwelling exists, or for which a building permit has been issued.

Home gardens and fruit trees. The keeping of household pets are permitted, but not agricultural industry, commercial business, or the keeping of domestic animals or fowl.

Single-family dwellings and manufactured homes as defined herein. (Ord. 2012-11)

A "child nursery", as defined herein. The dwelling shall be the permanent residence of the operator. The number of children shall not exceed the number five (5) allowed by the home occupation ordinance contained in this code. All other requirements of the home occupation ordinance (chapter 17.38 of this title) shall be complied with.

A residential facility for the elderly.

Accessory structures on lots where a main dwelling exists, or for which a building permit has been issued, but not including detached second dwellings unless permitted on ten thousand (10,000) square foot lots by the R-1-10 zone.

Churches, schools, parks, and open space.

All requirements for a single-family dwelling, i.e., setbacks, heights, parking requirements, street access locations, utilities, occupancy permits, signs, etc., shall be complied with as required for such uses by this chapter. (Ord. 2012-11)

No main dwelling shall be erected to a height greater than thirty five feet (35'), and no detached accessory building shall be erected to a height greater than twenty feet (20') without approval of the planning commission. (Ord. 2012-11)

 

 

Where a sidewalk and a driveway are located in the same setback of a dwelling, the garage setback shall be a minimum of twenty feet (20') from the back edge of the sidewalk to the garage. Where no sidewalk is located in the setback, or where a side entry garage has a minimum twenty foot (20') long driveway from the back edge of the sidewalk, the garage setback shall be the same as required for the dwelling unit. (Ord. 2017-07: Ord. 2012-11)

   A.   For all lots in the mixed lot zone the side yard setbacks on a street side shall be the same as for a front yard setback unless the development has no dwellings fronting on any side yard in the entire phase of development, in which case the side yard may be reduced to fifteen feet (15').

   B.   The percentage of mixed lot sizes shall be:

   40 percent that are 10,000 square feet,

   20 percent that are 9,000 square feet,

   20 percent that are 8,000 square feet, and

   20 percent that are 7,000 square feet.

   C.   The number of lots allowed in the development will be determined by the gross area of the proposed phase or development, and subtracting fifteen percent (15%) of the gross area for streets and public rights of way. The net land area may be divided into mixed lot sizes as shown by the percentages in subsection B of this section.

   D.   Eight thousand (8,000) and nine thousand (9,000) square foot lots in the mixed lot development may include a casita or "mother-in-law" attached apartments if all requirements of this chapter, and the international residential building code, are complied with. Such units shall not be less than four hundred fifty (450) square feet in size or greater in size than eight hundred (800) square feet.

   E.   The additional units approved above for eight thousand (8,000) and nine thousand (9,000) square foot lots are not approved for public rental, and may only be occupied by persons related to those residing in the primary dwelling. No additional parking spaces will be required for such units.

   F.   In the residential agricultural zone, mixed lot developments may be approved. However the number of parcels shall not exceed the density, or number of lots allowed by the RA zone. All excess land must be maintained in some form of agricultural use, and may be maintained by the lot owners, leased to someone else, deeded to a conservation group, or to the city of Santa Clara at the city's option. The land may be requested to be placed in an agricultural protection zone as provided by the RA zoning classification.

   G.   The minimum square footage of any main dwelling on any lot shall be one thousand (1,000) square feet of living space on the main floor of a single-story home, or one thousand two hundred fifty (1,250) square feet of living space on the main floor of any dwelling on a ten thousand (10,000) square foot lot.

   H.   Parking shall be as required by chapter 17.32 of this title (off street parking standards), except that no additional parking shall be required on an eight thousand (8,000) or nine thousand (9,000) square foot lot for a casita or mother-in-law apartment in the R-1-10/RA mixed lot zone.

   I.   One purpose of the R-1-10/RA mixed lot size zone is to allow for all individual lots and homes having front yards fully completed at the time of occupancy.

      1.   Drawings showing the development layout, landscaping, and fencing shall be submitted to the planning staff at the time of application for a building permit being requested by the developer or the owner. Developers are encouraged to arrange for completion of the required front yard landscaping as a part of the lot sales in the development.

      2.   In order to achieve a harmonious subdivision appearance and assure compliance, no certificate of occupancy shall be issued until a dwelling has been completely finished and includes all front yard landscaping, driveways, sidewalks, and fencing where necessary.

      3.   The front yard of a cul-de-sac shall maintain a twenty foot (20') setback. However, this setback may be reduced to fifteen feet (15') upon the approval of the staff, or, if referred, by the planning commission.

   J.   Private garages and accessory buildings located to the rear, and at least ten feet (10') away from the main dwelling may be built five feet (5') from the property line. All building code requirements shall be complied with. No detached garage shall be supplied with utilities except for electricity and water for a sink and/or toilet.

   K.   All other modifying regulations of the R-1-10 residential zone shall apply to ten thousand (10,000) square foot lots in the R-1-10/RA mixed lot size zone.

   L.   In small projects not exceeding ten (10) units, the planning commission may recommend, and the council may approve any mixture of lot sizes that may or may not match the percentages of each lot size as found in subsection B of this section.

   M.   No lot may be less than seven thousand (7,000) square feet. The project must include more than one lot size, and the project must include two (2) or more lots that are ten thousand (10,000) square feet, or forty percent (40%) of lots if the total number is less than ten (10).

   N.   In any zone in which residential dwellings or dwelling units are permitted, portable or mobile recreational units such as campers, travel trailers, fifth wheel trailers, tent trailers, tents or any other type of recreational, mobile or portable housing unit ("recreational housing unit") are not permitted for housing use, except that such a unit may be used to house guests of the primary dwelling for up to eight (8) days in any calendar month without being in violation of the land use ordinance subject to the following conditions:

      1.   No recreational housing unit may be located on any street or other part of a public right of way, except for temporary loading and unloading of such unit but not to exceed forty eight (48) hours.

      2.   A recreational housing unit may be located in the side or rear yard of the permanent residential dwelling.

      3.   The use of such recreational housing unit shall not cause unusual noise, require additional automobile parking, or other problems to adjacent neighbors.

      4.   No recreational housing unit shall be permitted on any property that does not contain a dwelling or dwelling unit located on the property.

      5.   Where an unusual health related hardship exists for an extended family member of the principal dwelling unit, the zoning administrator may grant a time extension beyond the eight (8) day time limit for occupancy of the recreational housing unit. However, any time extension beyond sixty (60) days shall require the approval of the city council. (Ord. 2015-05: Ord. 2013-06: Ord. 2012-11)