Santa Clara City Zoning Code

The purpose of the planned development (PD) zones are to encourage flexibility and creativity in comprehensively planned projects. The following zones are authorized under this chapter:

   A.   Planned Development Residential Zone (PDR).

   B.   Planned Commercial Development Zone (PDC).

   C.   Planned Office and Institutional Development Zone (PDO); and

   D.   Planned Industrial Development Zone (PDI). (Ord. 2020-10: Ord. 2004-36)

A use that is indicated with a "P" in the table below is permitted in the applicable zone if approved as part of a zone change. A use that is indicated with a "C" in the table below is allowed in the applicable zone only with a conditional use permit and if approved as part of a zone change. Any use that is indicated as "N" in the table below is prohibited in the applicable zone unless it is specifically approved by the city council as a mixed use. Any use that is not permitted or conditionally permitted under this section is prohibited.

 

(Ord. 2020-10)

   A.   A request for a PDR, PDC, PDO, or PDI zoning designation must include the following:

      1.   All submittals required under chapter 17.18 for a zoning amendment;

      2.   A project plan that meets the requirements of subsection C below; and

      3.   A detailed landscape plan that shows landscaped areas, any areas to be preserved in their natural state, and any common open space areas.

   B.   The planning commission and city council will consider any request for a PDR, PDC, PDO, or PDI zoning designation in accordance with chapter 17.18 and this chapter.

   C.   Project Plan: A project plan is a professionally designed schematic plan showing the layout of the development and associated text. The applicant shall submit the project plan in digital format and submit twelve (12) hard copies of the plan, ten (10) of which must be eleven inches by seventeen inches (11" X 17"), and two (2) copies must be twenty four inches by thirty six inches (24" x 36"). The plan must include the following elements:

      1.   The boundary of the project property;

      2.   Phase boundaries (if applicable) and acreage associated with each phase;

      3.   Total project site area and area by type of land use;

      4.   Proposed land uses including square footage or acreage and percentage of each component;

      5.   The number of residential units and/or square footage of floor area of nonresidential uses by type;

      6.   Density of uses within each land use component or phase using units per acre for residential uses and floor area ratio (FAR) for nonresidential components;

      7.   Proposed vehicular and pedestrian circulation plan including entrances and exits and connections to vehicular and pedestrian facilities external to the project property. The project should have primarily public roadways, but private roadways may be approved by the city council in limited circumstances;

      8.   Existing natural features of the site including rivers, lakes, ponds, streams, wetlands, steep slopes, mature trees, and tree stands, topography at contour intervals of two feet (2'), and other natural features;

      9.   Square footage or acreage and percentage of open space as a part of the total project;

      10.   Show where common open space will be provided and limits on accessibility;

      11.   Typical elevations; and

      12.   If only one phase of the project is proposed, a preliminary plat that conforms to chapter 16.16.

   D.   Preliminary Plats: For any planned development that will be subdivided, the applicant may submit a preliminary plat at the same time as the zone-change application for the planned development. To be considered for concurrent review, the application must include all preliminary plat requirements set forth in chapter 16.16. A preliminary or final plat may not be approved in any planned development zone unless the plat is consistent with the approved project plan. The city council may allow exceptions to city standards and subdivision requirements relating to roadway design standards and layout, but only if the exceptions are supported by adequate studies and approved with the project plan. If any part of this chapter conflicts with any part of the subdivision ordinance, this chapter controls.

   E.   Detailed Site Plan: The applicant shall submit a detailed site plan for any individual lot other than single-family lots. The planning commission considers any request for site plan review of a lot in any planned development. The planning commission may not approve a site plan unless it is consistent with the approved project plan. A request for site plan review must include a digital copy and ten (10) site development plans, of which one set must be in color. A site plan submittal shall include, in addition to the requirements for all other site plans, the following items:

      1.   A plan showing how the lot relates to the plat including previously developed sites in the project, the location, required open space, ingress, and egress to the lot from the rest of the phase and other adjacent land;

      2.   Location of building(s); and

      3.   Typical elevations.

   F.   Other Data Or Information: An applicant who has requested a PDR, PDC, PDO, or PDI zoning designation shall provide any additional information, detail, or analysis requested by the planning commission or city council at any point in the zone change process. The city council may deny a request for a PDR, PDC, PDO, or PDI zoning designation if the city council determines, in its sole discretion, that it does not have adequate information, detail, or analysis to approve a zone change request.

   G.   Subsequent Land Use Approvals: The city shall not approve any land use entitlement or permit for property within an approved project plan area unless the entitlement or permit is consistent with the approved project plan and any conditions to the city council's approval of the project plan. Property in an approved project plan area shall not be used in any manner that is inconsistent with the approved project plan.

   H.   General Plan: An applicant that has a master plan for development is encouraged to seek a general plan amendment to incorporate the applicant's master plan into the general plan. (Ord. 2020-10)

   A.   The following landscaping requirements apply in the PDR zone:

      1.   Entry points to the development shall be landscaped using plant specimens used throughout the development.

      2.   Landscaping shall be provided adjacent to all buildings and structures including solid waste receptacles.

      3.   Landscaping shall be provided in all front setback areas along streets, whether the streets are public or private.

   B.   Common Open Space Standards and Requirements for Residential Development: This subsection B applies only in a PDR zone and in any residential component in any other planned development. This subsection B does not apply to nonresidential development, lots, or buildings.

      1.   Definitions: "Common open space" under this chapter is defined as a portion of a project or development that is accessible by all residents in the development and provides scenic, recreational, resting, or similar purposes. Common open space may include gathering places, recreation areas, natural areas, and other similar areas. Common open space should, in general, be available for entry and use by the residents of the development with which it is associated. Common open space does not include any parking area, any area where a charge is made for use (except for a fifty percent (50%) common open space credit as provided in subsection B2 below), or any area to which access is limited due to runoff, such as retention basins or areas with steep slopes or similarly difficult terrain if determined by the city council to be similarly restrictive.

      2.   Common Open Space Requirement: At least thirty percent (30%) of a project area must be common open space. The following natural areas do not count toward the fulfillment of the common open space requirement: an area with a slope of thirty percent (30%) or more, any area within a federally designated floodway, and any wetland area. Up to fifty percent (50%) of the land in a public golf course within a development may be credited toward the minimum common open space required in this subsection.

   C.   Nonresidential Standards And Requirements: The following requirements apply to nonresidential components of any PD zone:

      1.   Location: Location of commercial phases or service uses shall be concentrated for maximum pedestrian convenience and located for easy accessibility by any residents of the zone, workers within the zone, and visitors.

      2.   Common Walls: Common walls between residential and nonresidential uses should be constructed to minimize noise transmission.

      3.   Nuisances: No commercial use may expose residential uses to offensive odors, dust, electrical interface, and/or vibration.

      4.   Outdoor Lighting: All outdoor lighting shall not adversely impact surrounding residential uses. Lighting shall not be directed toward residential units and shall not include lighting that blinks, flashes, oscillates, or is of unusual brightness or intensity. Outdoor lighting shall be directed downward unless otherwise approved.

      5.   Building Design: The city requires buildings that have architectural interest and strong curb appeal. The design guidelines in this section are imposed to achieve this objective. All sides of a commercial building that are visible from any public street or adjacent residential zone shall include a combination of at least two (2) of the following exterior finishing materials: masonry, decorative wood, stone, stucco, cinder block, metal panels, Masonite, or other exterior finishing that is approved as part of the project plan. The rear and sides of a building shall be finished similarly to the front of the building. Unfinished concrete, plywood, and vinyl siding are discouraged finishes for commercial buildings. Where feasible, building setbacks should be varied. In addition, each commercial building must include the following:

         a.   Features such as trellises or awnings to provide shadows at ground level;

         b.   Variations in rooflines, belt courses, and trim colors;

         c.   Recessed windows and doors; and

         d.   Exterior landscaping along storefront areas.

      6.   Density And Minimum Square Feet: The maximum density for any residential component within a PDC zone is twelve (12) dwelling units per acre for horizontal mixed-use projects. For projects with vertical mixed-use (i.e., residential and commercial combined in the same building), the density shall be as approved by the Planning Commission and City Council as part of the project plan review and approval, and subject to the development standards in this chapter. Each dwelling unit within a vertical mixed-use building must have at least four hundred fifty (450) square feet of living area on its main floor.

      7.   Landscaping:

         a.   The entire area along the public street frontage between the street curb and setback line shall be landscaped. This landscape area may include a sidewalk and a driveway crossing the landscape strip when part of the site plan approved by the city. On a corner lot, both street frontages shall be landscaped.

         b.   Notwithstanding the requirement stated in subsection C7a above, the city council may approve a reduced landscape strip of no less than ten feet (10') in width, provided that the city council determines that the additional landscaping elsewhere on the site (including any landscaping that is provided in fulfillment of subsection C7c below) compensates for reduced landscaping within the front setback area.

         c.   If a parking lot includes thirty (30) or more off-street parking spaces, at least five percent (5%) of the parking lot area shall contain interior parking lot landscaping. This requirement applies without regard to the location of lot lines so that when a parking lot with thirty (30) or more off-street parking spaces is fully constructed, including one that allows for shared parking, the total parking lot area will have at least the five percent (5%) landscaping required by this section. Shade trees shall be planted in parking areas to reduce the "heat island" effect and provide aesthetic beauty to the site. Interior parking lot landscape requirements may be met using terminal islands, divider medians, or landscaping on the perimeter of the parking lot.

      8.   Parking:

         a.   Conflict Between Provisions: If there is a conflict between the provisions of chapter 17.32 and this section, the more restrictive provision shall govern.

         b.   Shared Parking: A shared parking plan may be submitted that indicates a shared parking formula and supporting information. Up to thirty percent (30%) of total combined required parking may be waived with an approved shared parking plan.

         c.   Location Of Parking: Parking should be located to the rear, a mixture of side and rear, or underground.

         d.   Illumination Of Parking: All parking areas shall be illuminated with light that is focused down and light fixtures that will not create a nuisance to other uses within the PD development or to uses near the PD development.

   D.   Ownership And Management Standards And Requirements:

      1.   Ownership And Management Control:

         a.   Initial Ownership: If the property located in a planned development will be owned individually or jointly, where the property is not intended to be resold in separate parcels, the property shall be made subject to permanent covenants, conditions and restrictions requiring that the property be built and operated consistent with the approved planned development zone.

         b.   Subdivided Properties: Properties in a planned development zone that are intended to be subdivided and sold in separate ownership shall be made subject to covenants, conditions and restrictions which shall require that the property be built and maintained consistent with the requirements of the planned development zone for the property. If the property will have commonly owned properties, they shall be owned by an appropriate owners' association that shall be responsible for the ownership and maintenance of the project, consistent with the requirements of the zone. In this event, the owners' association shall be separately incorporated as a Utah nonprofit corporation with appropriate articles of incorporation and bylaws, and a declaration of covenants, conditions and restrictions that are subject to the approval of the city attorney of the city of Santa Clara as being legally sufficient. If the property will be a condominium project, the property shall be made subject to a declaration of condominium and other documentation prepared pursuant to the requirements of the Utah Condominium Act and shall include a provision that the owners' association thereof shall manage the property consistent with the requirements of the planned development zone.

         c.   Owner/Developer Responsibilities: Initial owners/developers of PD projects are responsible for the following elements of the project:

            (1)   Development And Maintenance: Development and maintenance of general common areas (this may be accomplished through the establishment of an owners' association which the developer shall agree to subsidize until seventy five percent (75%) of the lots or units are sold). In the case of condominiumization or subdivision of the property, the developer shall deed the common areas to the owners' association, free and clear of all money liens or encumbrances, or in the case of a blanket lien, the lender shall subordinate its security interest in the project to the planned unit development or condominium plan. This shall be accomplished by covenant in the declaration of covenants, conditions and restrictions (or declaration of condominium, as the case may be) that shall require this to be accomplished upon completion of construction of the project, provided that if at least forty percent (40%) of the units in the project have been sold, the developer shall also be required to make this conveyance. The city of Santa Clara shall not be responsible to the unit or lot owners for this, but the documentation shall provide for this as a matter of requirement in the documentation, which shall confer upon any purchasing unit owners the right to enforce the deeding of the common areas as required just above.

            (2)   Arterials, Roadways, Related Infrastructures: Development of arterial and other major roadways and related infrastructures serving the development including the extension of utilities to serve the development.

            (3)   Development Of Management Plan: Development of the management plan including management association setup, and related responsibilities to assure that ownership and management standards are met in full.

            (4)   Approvals And Conditions: All approvals and conditions therefrom received related to the PD and its elements.

            (5)   Landscaping And Open Space: All overall requirements such as landscaping and open space meet PD requirements.

            (6)   Change Of Ownership: Any conditions attached to an approved PD plan or subdivision plat shall not lapse or be waived as a result of any subsequent change in tenancy or ownership of said land.

   E.   Mixed Uses: The minimum and maximum component of each use and type of mixed use within a development shall be as recommended by the planning commission and approved by the city council.

   F.   A proposed accessory retail use in a PDQ zone must be clearly subordinate to the principal use.

   G.   Gated Communities: No gated communities are permitted in any planned development zone.

   H.   Density Equivalency For Assisted Living and/or Independent Care Facilities:

      1.   For living units wherein each unit has its own cooking facilities, each such unit shall be considered as equivalent to a standard residential dwelling unit for the purpose of calculating the facility’s overall density.

      2.   For living units without their own cooking facilities (i.e., where meals are primarily served at, or delivered to each unit from, a central dining facility two (2) of such units shall be considered the equivalent of one (1) standard residential dwelling unit for the purpose of calculating the facility’s overall density.

      3.   For purposes of this regulation, if a unit has only a microwave, a small capacity refrigerator, a sink, or some combination of the three, such amenities will not be considered “cooking facilities”, provided meals for the residents of such unit are primarily served at, or delivered to each unit from a central dining facility. (Ord. 2020-10: Ord. 2004-36: Ord. 2021-09)

   A.   The base maximum density for the PDR zone is eight (8) du/acre.

   B.   The city council, after receiving a recommendation from the planning commission, may approve a density bonus of up to four (4) du/acre, for a total of up to twelve (12) du/acre, based on the following criteria:

      1.   Exceptional Building Design And Materials: The building elevations shall show variation in roof height, variation in the building footprint, and building features that improve visual interest by the use of balconies, patios, roof overhang, and use of varied colors and textures. Exterior building materials consisting primarily of brick, stone, or stucco. On the front elevation and also street side elevation for corner lots, stucco may not exceed fifty percent (50%) of the wall area, not including windows. Wood, metal, or hardy board may be used for accents. Roofing materials shall be durable such as tile, slate, or similar material (not asphalt shingles).

      2.   Site Design: Site design shall provide for compatibility with any adjacent residential areas. Site design shall emphasize overall project aesthetics, with scattered parking areas rather than large asphalt areas, masonry walls on the perimeter where walls are required, and blending building heights to adjacent residential buildings.

      3.   Landscaping: Landscape design shall incorporate water conservation principles while providing suitable trees, shrubs, and ground covers throughout the project. The landscape plan shall describe both the type of plant materials used and the initial plant container size. Trees shall be planted throughout the project site at approximately one tree per five hundred (500) square feet of landscaped area.

      4.   Project Amenities: Project amenities include recreational facilities such as tennis courts, playground equipment, swimming pool, clubhouse, and other common amenities such as outdoor cooking/eating areas, gazebo, or gardens. Based on the project size, a development should have one or more significant project amenities. Each unit should have some form of private outdoor space in the form of balconies or patios.

   C.   An apartment project is limited to thirty (30) dwelling units per project unless the proposed project is a senior housing project with half or more of the units designed for single occupancy, or is an affordable housing project meeting the criteria for federal tax credits, or similar state or local affordable housing criteria, and is approved for such credits prior to beginning construction. (Ord. 2020-10: Ord. 2015-17; Ord. 2021-12, 9-8-2021)

"Short-Term Residential" has the meaning provided under section 17.20.260. Any short-term residential use must comply with the following:

   A.   The entire project shall be designated for short-term residential unless otherwise approved by the city council, in which case the city council may designate a maximum number of units that may be used for short-term residential.

   B.   All approved short-term residential rental units within a project must be managed by one or more licensed property managers, or by a property management company.

   C.   The owner of any short-term residential unit shall maintain a Utah sales tax license and shall collect the required transient room tax for all short-term residential rental units.

   D.   The manager (company) shall be located in Washington County and shall be available at all times upon the request of the city.

   E.   Off-street parking shall be available for RV/boat parking. On-street parking of such vehicles is not allowed, except for temporary loading and unloading not to exceed forty-eight (48) hours.

   F.   The city may require one or more garbage collection bins to be located on site in addition to garbage cans for individual units.

   G.   The recorded plat, CC&Rs, and all sales literature shall clearly state that the project, or any approved part thereof, is approved for short-term rental purposes.

   H.   The PDR zone map will designate where short-term residential property has been approved.

   I.   No short-term rental use may be approved in an existing development without the consent of all other owners of record within the development.

   J.   The property shall have two (2) parking spaces for each dwelling unit plus one additional space for every two (2) guest bedrooms. (A "guest bedroom" means any bedroom in the dwelling other than the first bedroom.)

   K.   On-street parking may be used to meet the parking requirement for a "self-contained" project as may be recommended by the planning commission and approved by the city council. "Self-contained" means that all units in the project are designated for short-term rental.

   L.   Tandem parking in driveways may be used to meet the parking requirement for a "self-contained" project as may be recommended by the planning commission and approved by the city council.

   M.   The owner or the property manager shall maintain a residential rental business license as required by the City of Santa Clara.

   N.   The project shall contain recreation facilities consistent with the size of the project or as may be recommended by the planning commission.

   O.   Short term rental of residential properties must meet all other requirements of the PDR zone.

   P.   Any other requirement recommended by the planning commission and adopted by the city council to promote compatibility between short-term rental properties and permanent residents. (Ord. 2020-10)

   A.   The planning commission may approve an amendment to a previously approved project plan if:

      1.   The applicant submits a revised set of plans detailing the proposed change;

      2.   The proposed amendment:

         a.   Increases residential density by no more than a five percent (5%);

         b.   Increases nonresidential floor area by no more than a five percent (5%);

         c.   Decreases allocated parking by no more than a ten percent (10%);

         d.   Modifies a dimension by no more than a five percent (5%), including but not limited to setbacks, height, or lot width;

         e.   Modifies any other measurable criteria by no more than a five percent (5%);

         f.   Involves no more than five percent (5%) change in landscape requirements;

      3.   The proposed amendment meets all of the requirements and provisions of this chapter; and

      4.   The proposed amendment does not alter any approved site development regulations of the plan and does not materially alter other aspects of the plan, including traffic circulation, mixture of use types, or general physical layout.

   B.   To request any project plan amendment that cannot be approved by the planning commission above, an applicant must comply with the zone change procedures required under chapter 17.18 and section 17.68.30 above to request an amendment to the project plan. (Ord. 2020-10)

If any property has been zoned as planned development without an approved project plan, the property owner must apply for a complete zone amendment under this chapter and chapter 17.18 and obtain approval of the zone-change application before any land use entitlements may be granted for development on the property. If a property has been zoned as planned development with an approved project plan under an earlier version of this chapter, the project plan is still valid. (Ord. 2020-10)

   A.   The requirements provided in the table below apply to the PDR, PDC, PDO, and PDI zones as specified below:

 

   B.   Density: Land used for common open space, interior streets, drives, sidewalks, and other circulation ways may be included as part of the land area used for determining the number of dwelling units allowed, or the amount of required land. Land characterized by floodway, steep slopes, wetlands, or other unbuildable or sensitive lands may not be included as part of the land area for density calculations, except that a twenty five percent (25%) density provision may be applied to the buildable portion of the development. Therefore, twenty five percent (25%) of the land area of the unbuildable area may be added to the buildable portion of the property to increase net density. Density is calculated for the project and for individual phases. Within phases, density for a specific phase may exceed that permitted provided that the overall density for the project meets the required maximum density. The phase with the highest density may not be the first phase developed.

   C.   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.

   D.   The setback and height minimums and maximums listed in this section are intended to guide the planning commission, the city council, and the project developer in reviewing the standard requirements for development throughout the city. The city council, after receiving a recommendation from the planning commission, may adopt modifications to the above specifications to provide harmony within a PD zone and as may be requested by the developer. Items of a life/safety nature (i.e., building separation as per fire code, and building code requirements) may not be modified. However, other elements of the plan may be approved according to the specific development plan, map, and text being considered as a part of the PD zone change approval. (Ord. 2020-10: Ord. 2017-07: Ord. 2016-10: Ord. 2006-02: Ord. 2004-36)