The purpose of the Historic District/Mixed Use Zone is:

   A.   Santa Clara has a strong historical background. There is a special character about the early pioneer homes that were constructed along, and near Santa Clara Drive that the city wants to maintain and preserve. Many of these early pioneer homes are already listed on the State and national list of historic places. The city has previously created a Historic District from east to west along Santa Clara Drive. Development that takes place in the Historic District will be subject to architectural design review and careful site plan review by the Heritage Commission, Planning Commission, and City Council.

   B.   Santa Clara City has adopted Historic District Design Guidelines that are intended to be a companion document to Chapters 17.74 and 17.76 of city code. The design guidelines are intended to promote sensitive design. The design guidelines provide a framework to create an environment that respects the special setting of the Santa Clara Historic District. All commercial and residential buildings within the Historic Districts shall be compatible with both the visual qualities of the immediate area in which the property is located, as well as the overall context of the Historic District.

   C.   To encourage the continued use, maintenance and special character of homes and businesses in the Historic District, this chapter contains provisions allowing for the mixed use of land for residential and commercial uses. The intent of these provisions is to encourage flexibility and creativity in the design and development of comprehensively planned mixed use of property that would not be possible under conventional zoning districts. Some of the specific purposes of this zone are to:

      1.   Encourage residential uses in conjunction with commercial and other compatible activities to create an active street life, enhance the vitality of businesses, reduce vehicular traffic, and maintain the special character of the Historic District;

      2.   Encourage orderly, planned development of mixed-use developments in the Historic District by providing procedures for plan review and approval;

      3.   Assure compatibility of proposed land uses with surrounding historic uses by incorporating higher standards designed specifically for the Historic District;

      4.   Strengthen the City's economic base and to provide linkages between employment opportunities and housing;

      5.   Encourage open space to function for the general benefit of the City;

      6.   Encourage and provide for non-vehicular circulation linking developed areas, open spaces and public facilities;

      7.   Promote the reuse of existing historic structures for the purpose of stabilizing and improving property values;

      8.   Foster civic pride in the beauty, history, and accomplishments of the past;

      9.   Protect and enhance the City's attractions for tourists and visitors; and

      10.   Strengthen and help diversify the economic well-being of the City and promote the use of historical-cultural landmarks for education, pleasure, and the welfare of the community. (Ord. 2024-12: Ord. 2022-22: Ord. 2017-14: Ord. 2004-01 § 2)

The requirements of chapter 17.04 of this title regarding such things as fees, enforcement, permits, violation, and all other similar items, including penalties, shall apply to this chapter. (Ord. 2024-12: Ord. 2022-22: Ord. 2004-01 § 2)

Subject to the requirements imposed in this chapter, permitted uses within this zone include:

   Commercial Uses:

   Animal hospital for small animals conducted within an enclosed building.

   Antique, import, or souvenir shop.

   Athletic and sporting goods store.

   Bakery manufacture limited to foods retailed on the premises.

   Barber or beauty shop.

   Bed and breakfast.

   Bicycle sales and service.

   Bookstore, retail.

   Camera and small electronic sales.

   Candy store, confectionary.

   Clinics, medical or dental.

   Coffee shop, walk-up.

   Florist shop.

   Fruit and produce stand.

   Gift store.

   Government buildings or uses, non-industrial.

   Grocery store, neighborhood market.

   Hardware store.

   Health food store.

   Hobby and craft store.

   Ice cream parlor.

   Insurance agency.

   Interior decorating and design.

   Jewelry store sales and service.

   Legal office.

   Library.

   Medical office.

   Mortuary.

   Museum.

   Music store.

   Open space and recreation facilities.

   Optometrist, optician, or ophthalmologist.

   Outdoor dining area.

   Pet and pet supply store.

   Pharmacy/drugstore.

   Physician or surgeon office and clinic.

   Professional office.

   Real estate agency.

   Retail sales.

   Restaurant, sit down.

   Soda shop, walk-up.

   Shoe store and repair.

   Theater.

   Travel agency.

   Variety store.

   Residential Uses:

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

   Conversion between single-family residential and commercial use.

   Home gardens and fruit trees, keeping of household pets, etc.

   Internal accessory dwelling unit, IADU as per Chapter 17.22 of city code.

   Multi-family dwellings, such as a duplex, twin home, or townhome, but only in the following circumstances:

      A.   When attached to a commercial building (vertical or horizontal), or part of a commercial, mixed-use development;

      B.   When constructed to the rear of an existing single-family dwelling; or

      C.   When constructed on a vacant parcel which does not have frontage on Santa Clara Drive.

   Single-family residential dwellings.

(Ord. 2024-12: Ord. 2022-22: Ord. 2017-14)

Subject to the requirements imposed in this chapter, or as may be recommended by the Heritage Commission and approved by the Planning Commission, conditional uses within this zone may include:

Accessory dwelling unit, ADU as per Chapter 17.22 of city code.

Childcare or nursery school.

Coffee shop, drive-through.

Commercial warehouse constructed on a vacant parcel that does not have frontage on Santa Clara Drive.

Convenience store, including gasoline sales.

Public and quasi-public buildings and facilities.

Restaurant, drive-through.

Short term rental properties, which shall be subject to the applicable requirements of this chapter along with the following specific requirements:

   A.   Each short term residential rental property shall have one parking space for each bedroom.

   B.   The owner, or the property manager, of a short-term residential property shall obtain a yearly residential business license as required by the City of Santa Clara.

   C.   Short term residential properties shall meet all other standard requirements of the zone.

   D.   There shall be no violations of laws, ordinances, or regulations of this Code, with any violation being grounds for termination/revocation of the conditional use permit.

Soda shop, drive-through.

Other uses determined by the Planning Commission, with input from the Heritage Commission, as being in harmony with the intent and purpose of the zone.

(Ord. 2024-12: Ord. 2022-22: Ord. 2017-14: Ord. 2013-16)

   A.   Primary Building Height: Primary building height shall be the average height of adjacent units on the same block unless a greater height is approved by the Planning Commission, upon recommendation from the Heritage Commission, as being necessary for proper compatibility of various elements of the overall development plan, and to ensure that any infill and replacement dwellings are compatible with the dimensions of the adjacent dwellings. In no event shall the maximum height of any building exceed thirty feet (30'). Accessory buildings shall not exceed two (2) stories, up to twenty-five feet (25') in height.

   B.   Minimum Lot Size: Six thousand (6,000) square feet for a single-family dwelling unit, and eight thousand (8,000) square feet for a multi-family dwelling unit.

   C.   Density: The maximum residential density shall not exceed eight (8) dwelling units per acre whether single-family or multi-family residential. This also applies to projects without individual lots but rather building pads and common area. For properties with an existing dwelling unit(s), this will apply to density calculations.

   D.   Front Yard Setbacks: Front yard setbacks shall be twenty feet (20') from the property line for residential uses unless the dwellings (buildings) on adjacent lots are less than twenty feet (20'), in which case the building may be located at the average of the buildings on each side of the subject parcel. The front setback of any commercial use building with frontage along Santa Clara Drive shall be determined through discussion with, and approval of, the Planning Commission, but shall not be less than ten feet (10') from the front property line.

   E.   Corner Side Yards: Side yards on a corner lot having street frontage on two (2) or more sides shall be the same as that required for the front yard, or the average of adjacent units or the block, or as may be approved by the Planning Commission.

   F.   Interior Lot Line Side Yards: Side yards on the interior lot line shall be a minimum of five feet (5') to property line, with a minimum of ten feet (10') between structures on adjacent parcels.

   G.   Rear Yards: Rear yards shall be a minimum of ten feet (10') unless otherwise approved by the Planning Commission.

   H.   Multiple Building Setbacks on The Same Lot: Setbacks between multiple detached buildings on the same lot shall be a minimum of ten feet (10').

   I.   Floor Area: In new developments the minimum floor area shall be a minimum of seven hundred (700) square feet living space per unit unless otherwise recommended by the Planning Commission and approved by the City Council, plus required parking, and landscaped areas.

   J.   Minimum Lot Frontage: Fifty feet (50') for a six thousand (6,000) square foot lot, and seventy feet (70') for an eight thousand (8,000) square foot lot, unless approved as a flag lot, or as may be otherwise approved by the Planning Commission.

   K.   Maximum Size of Accessory Buildings: The maximum ground floor area of any accessory building shall not exceed one thousand (1,000) square feet, unless a larger building is approved by the City Council after considering the recommendations of the Heritage Commission and Planning Commission. (Ord. 2024-12: Ord. 2022-22: Ord. 2019-01: Ord. 2017-14)

   A.   It is the intent of the city to encourage creative design. Existing historical dwellings and buildings may be preserved and enhanced with commercial, residential, or mixed uses.

   B.   Open spaces and outdoor living areas are encouraged. Lack of such areas may be the basis for denial of a zone change request. Circulation between developments in the Historic District is encouraged. Visitors to the area should be encouraged to visit, park, walk between developments, and enjoy the time spent in a quiet and relaxing atmosphere. Public access to open space areas will also be considered in approving the Development Plan.

   C.   Cooperation between property owners on adjacent properties is strongly encouraged.

   D.   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 this title 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 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 Planning Manager or designee may grant a time extension beyond the eight (8) daytime 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. 2024-12: Ord. 2022-22: Ord. 2015-05: Ord. 2004-01 § 2)

The requirements of chapter 17.20, "Supplementary and Qualifying Regulations", of this title, regarding such things as lot ownership and standards, utility requirements, dumping or disposal, moving of dwellings, shall apply to the extent applicable to this chapter. (Ord. 2024-12: Ord. 2022-22: Ord. 2004-01 § 2)

Any wall, fence, or hedge proposed to be located on any parcel of land shall be specifically approved by the Planning Commission. Walls, fences, and hedges separating adjoining propertiesshall be sensitively designed as per the Historic District Design Guidelines. All applicable requirements of Chapter 17.28, “Walls, Fences and Hedges,” of this title, shall apply unless modified by the Planning Commission. (Ord. 2024-12: Ord. 2022-22: Ord. 2004-01 § 2)

Access to parcels of property shall be reviewed and approved by the Planning Commission. Requirements of chapter 17.36, "Motor Vehicle Access and Loading", of this title, shall be used as a guideline but may be modified to fit individual situations as part of the site plan review. Some access drives may be approved as being temporary until such time as additional properties in an area are changed to this zone.

All other requirements of chapter 17.36, "Motor Vehicle Access and Loading", of this title, will be reviewed as part of the site plan review and exceptions to the requirements may be made as indicated above to the extent that such exceptions will enhance the overall development of the property and will not compromise the health, safety, and welfare of the public. (Ord. 2024-12: Ord. 2022-22: Ord. 2004-01 § 2)

All parking areas shall be approved by the Planning Commission as to number of spaces required and the location of off-street parking in relation to the balance of the development. The guideline for parking shall be one (1) space for every two hundred fifty (250) square feet of commercial floor area and two (2) spaces, one (1) of which shall be covered, for each residential dwelling.

   A.   The Planning Commission may use the additional requirements of chapter 17.32, "Off Street Parking Requirements", of this title, but shall determine the number of spaces required based upon the plan submitted, and the type of use proposed. Shared parking between adjacent parcels is encouraged, and excessive parking shall be avoided. Parking should be located to the side or behind a building, where its visual impact will be minimized.

   B.   Exceptions to the parking requirements contained in Chapter 17.32 of city code may be considered on a case-by-case basis to promote compatibility with the character of the Historic District. The property owner/developer will be required to submit technical information done by a licensed professional that justifies any requested exception.

   C.   All access drives shall be approved as part of the site plan approval. Reduced widths of driveways will be considered on an individual site plan basis. Curb cuts, driveways, and off-street parking shall be carefully designed to protect the historic character of the district.

   D.   All driveways and parking areas, unless determined to be temporary in nature, shall be surrounded by a concrete curb or other appropriate material as approved with the Site Plan. Surface of parking areas may be as approved by the Planning Commission. (Ord. 2024-12: Ord. 2022-22: Ord. 2017-14: Ord. 2004-01 § 2)

The requirements of chapter 17.44, "Signs", of this title, will be followed in allowing signs within the zone, unless otherwise approved by the Planning Commission in harmony with the intent and purpose of this zone. (Ord. 2024-12: Ord. 2022-22: Ord. 2004-01 § 2)

The requirements of chapter 17.48, "Construction Subject to Natural Hazards", of this title, relative to hazards related to site development, will be reviewed by the Planning Commission as may be applicable to the development plan submitted. (Ord. 2024-12: Ord. 2022-22: Ord. 2004-01 § 2)

An application to rezone property to the Historic District/Mixed Use (HD/MU) Zone shall be made in the same manner as a zone change to any other zone in the City. An application shall be filled out in the City office requesting the zone change. After paying all fees, and submitting all information required by this chapter, or by other chapters of the zoning ordinance where applicable, the zone change will be processed by the city.

Where zoning requests are tied to a parcel of property upon which is located an existing dwelling unit, all requests shall be considered based on creatively maintaining, enhancing and preserving the historical character of the original dwelling as a part of the approved zone change. (Ord. 2024-12: Ord. 2022-22: Ord. 2017-14)

The Site Plan Review process includes review and recommendations by the TRC, Heritage Commission, Planning Commission and approval by the City Council. The following elements shall be addressed as a part of the site plan review. Other elements that may be required by Heritage Commission, TRC, the Planning Commission, and City Council shall also be included. The site plan shall be drawn to a reasonable scale by an engineer, land surveyor, architect, or a landscape architect, or a combination thereof.

   A.   Existing Conditions:

      1.   The boundary line of the property including dimensions of property lines. An electronic copy shall be submitted showing the property survey so that it can be integrated into the City system;

      2.   The location and names of existing adjacent streets;

      3.   Topography at two feet (2') intervals unless waived by City staff;

      4.   The acreage or square footage of the proposed site;

      5.   The location of all existing structures and the square footage of each;

      6.   A sketch of the floor plan of all existing buildings including the location of all entrances and exits;

      7.   The location of any existing parking or paved areas;

      8.   The location of accessory buildings, sidewalks, large trees, or other site features planned to be retained as part of the new development;

      9.   New buildings will require a soils (geotechnical) report to be submitted. A soils report is not required for existing buildings;

      10.    If stormwater runoff is handled on site, a document showing how the drainage will be handled, stamped by an engineer, must be submitted. Credit may be given for on-site retention;

      11.   Any other features required to be identified by the TRC and/or the Planning Commission.

   B.   Proposed Development Requirements: The proposed development shall show and include the following information:

      1.   Common facilities such as recreation, sitting, walking, or other such uses;

      2.   Site amenities such as patios, pools, fountains, play areas, etc.;

      3.   Location of all proposed new buildings including:

         a.   Heights;

         b.   Number of residential dwelling units or commercial units;

         c.   Proposed use of each area;

         d.   Floor plan sketch of proposed residential areas; and

         e.   Entrances and exits.

      4.   Location and type of open space all of which shall show how it is to be developed and used. It may be left as undeveloped property. Plan shall pay special attention to soils conditions and the relationship of development to the toe of the hill if it is adjacent to, or includes any property on, the hillside;

      5.   Location of driveways and parking areas;

      6.   The percentage of land to be used for various purposes;

      7.   A generalized landscape plan of the entire parcel;

      8.   Utility services. The location of all utility services, including fire hydrants shall be indicated on the development plan or a separate sheet;

      9.   Lighting proposal for businesses, residential areas, parking, and driveway locations. All parking areas shall be lighted during hours of darkness using light fixtures that control the spread of light (shielded and directed downward) so that lights will not create a nuisance to other uses;

      10.   Refuse storage areas;

      11.   Locations and plans for all proposed signs;

      12.   Elevation drawings of all proposed buildings;

      13.   Other items that may be required by the Planning Commission as a part of the site plan review.

   C.   Architectural Standards: See also "Historic District Design Guidelines".

      1.   The architectural character of all existing buildings, including accessory buildings, shall not be changed until reviewed and approved as a part of the site plan review and approval of the City.

      2.   The architectural character of new construction on the site shall harmonize with the existing structure unless otherwise approved by the City as a part of the site plan approved by the City.

      3.   Developers are encouraged to review early pioneer architecture along Santa Clara Drive, and in adjacent cities such as St. George and Washington, to develop an architectural character that is compatible with the early pioneer development of the area.

      4.   No residential dwelling shall have less than seven hundred (700) square feet of living area unless specifically approved by the Planning Commission and City Council as a part of a mixed-use dwelling already existing on the property.

      5.   The proposed architectural character of all new development and any changes to the existing structures shall be reviewed by the Heritage Commission and Planning Commission. Drawings and elevations are useful in showing how structures are to be designed and constructed.

      6.   Santa Clara has adopted a "streetscape" plan for the development of Santa Clara Drive right-of-way. For all properties having frontage along this street, the development plan shall include all recommendations of the streetscape plan as it relates to the proposed development. It is important that continuity be created between properties in the Historic District.

   D.   Impact: The impact on surrounding neighborhood uses shall be considered as a part of the development plan. The developer may submit estimates as to the impact of the project on the following elements, or the Planning Commission may examine these types of issues based upon their knowledge and understanding of the City. Staff opinions may also be considered by the Planning Commission.

      1.   Any significant impact on traffic;

      2.   The impact on utility systems;

      3.   Any anticipated noise levels;

      4.   Stormwater runoff from the property;

      5.   Visual and aesthetic qualities;

      6.   Other considerations, such as hours of operation, that may be raised by the Planning Commission during plan review. (Ord. 2024-12: Ord. 2022-22: Ord. 2017-14: Ord. 2004-01 § 2)

After review of the proposed site plan and following receipt of any recommendations of the TRC and Heritage Commission, the Planning Commission may recommend the site plan as submitted, or as may be amended because of site plan review, to the City Council for final review and approval. Following action by the City Council, the applicant may request permits for the development to be issued by the Building Department. Upon City Council approval, the development project shall be diligently pursued to final completion.

On the date the site plan and zoning are approved by the City Council, all conditions and requirements attached to that approval are binding on the property unless an amendment is approved. All subsequent development and use of the property shall be in accordance with the approved plan. If a subdivision was a part of the application, the effect of approval will also result in an approved preliminary plat. The requirements for final subdivision approval and recording shall be met by complying with all requirements of the City subdivision ordinance prior to any development taking place on the property.

The rezoning of property, along with the approval of a site-specific development plan for the property so zoned, shall run with the land. Any subsequent owner will be bound by the same plans and requirements as originally approved unless the specific plans are subsequently amended by the Planning Commission and City Council. (Ord. 2024-12: Ord. 2022-22: Ord. 2017-14: Ord. 2004-01 § 2)