Use classifications describe groups of land uses that have similar characteristics and can therefore be regulated in a similar manner. The descriptions of the classifications do not list every use or activity that would be appropriate within the classification, but instead give a general description of the type of uses that are included. All permitted uses are regulated under one of the use classifications defined in this chapter and further regulated in subsequent chapters describing regulations in base and combining zoning districts.

A.

Interpretations of permitted uses. The zoning administrator shall be authorized to determine whether a particular use is within the scope of an existing use classification.

1.

Uses not listed. The zoning administrator may deem a use to be a permitted use that is not listed on the table of uses if such use is substantially similar in nature and intensity to at least one listed permitted use, and the use is clearly compatible with both the intent of the applicable district and the applicable land use designation of the general plan. The zoning administrator shall also determine the nature of the permitting process, based on the nature and intensity of the use and that use to which it is substantially most similar. Where such a use technically meets the criteria for a use that is allowed by matter of right, but the intensity or impacts of the use substantially exceed that reasonably expected to be associated with the use classification, the zoning administrator may interpret the zoning ordinance to require a permit for the use.

2.

Requirement for interpretation application. Use interpretations shall only be made in response to a formal application for interpretation.

Procedures for interpretation of the zoning ordinance are located in Chapter 1.20, Application.

B.

Incidental activities. An incidental activity carried out as part of a primary use, which is not expressly identified by the Zoning Ordinance as part of the primary use classification, may be conducted if determined by the applicable decision-making authority to be appropriately ancillary to the primary use, and generally compatible in nature with the uses permitted by the applicable zoning designation.

C.

Zoning ordinance amendments. When appropriate, a use that is not within an existing use classification, or not deemed an allowed use through the interpretation provision of subsection A, above, may be incorporated into the Zoning Ordinance through an ordinance text amendment, if determined to be consistent with the general plan (see Chapter 5.70). The amendment may either take the form of a new use classification or an alteration to the description of an existing classification, and it must be processed as an amendment to the Zoning Ordinance as set forth in Article 5.

D.

Prohibited uses. Uses not described within the use classifications, use tables, or otherwise defined as permitted uses by means of a formal interpretation as described in subsection A are prohibited. Nothing in this Zoning Ordinance shall be construed to allow activities or uses prohibited by or pursuant to other local, State, and federal laws, ordinance, and regulations, including, but not limited to laws for preserving agricultural or open space lands.

(Ord. No. NS-1200.327, § 3, 2-9-10)

Residences. This classification includes primary residences and excludes other types of residences separately defined within this section. This classification also includes the renting of rooms and provision of meals within a dwelling by the resident family or household to not more than two other individuals (for rooming houses, see Rooming Houses, Fraternities & Sororities). It also includes employee housing that provides exclusive accommodation for six (6) or fewer employees, pursuant to California Health and Safety Code Section 17021.5, and emergency, supportive, and transitional housing for six (6) or fewer clients.

All uses within this classification shall fit within one of the following subcategories:

1.

Single-Family. One dwelling unit on a single lot, completely detached from any other dwelling unit. This classification includes a manufactured home. Including all housing types (e.g., ADUs, Junior ADUs), a parcel not zoned for multi-family development shall under no circumstances have more than three units - a primary dwelling unit, an ADU, and a Junior ADU, unless the parcel qualifies for an Urban Primary Unit. See the Urban Primary Unit use classification.

2.

Two-Family. Two dwelling units within the same structure, each having its own kitchen and bathroom facilities.

3.

MultiFamily. Three or more dwelling units within the same structure, each having its own kitchen and bathroom facilities. Multi-family housing on parcels with the -os combining district designation may also include non-residential ground-floor uses, which shall be limited to Retail, Restaurants and Bars, Banks, Health Clubs, Medical Clinics, Personal Services, or community benefit uses such as libraries and government offices providing services to the public except where otherwise expressly allowed in chapter 3.75. Multifamily housing on parcels with the -os designator may also include Retail, Restaurants and Bars, or shared gathering space on the rooftop level. [Criteria § 3.75.030 et seq.]

Residential Accessory Structures and Uses. This classification includes detached buildings and structures whose use is entirely incidental to the primary residential use, and which do not contain living space or sleeping quarters. Residential accessory uses consist of activities customarily associated with (or otherwise reasonably associated with) the primary residential use, and include such activities when they occur on private communal open space within a residential development. Private, noncommercial gatherings hosted by residents or property owner(s) shall be considered residential accessory uses.

On lots with no legally established residential use, certain limited structures ancillary to maintenance and security of the land (e.g., fences, gates, well or irrigation hardware) shall be considered permitted accessory structures under this classification.

On lots with no legally established residential use, one limited storage building per lot is permitted under this classification in rural base zoning districts. The floor area of such storage buildings is restricted to 120 square feet maximum. Height shall not exceed ten feet in height at any point, and such buildings shall comply with all other applicable provisions of Section 4.20.020. Such storage buildings may not include plumbing or electricity in their construction. Any such building in an "-sr" combining district shall be subject to the scenic roads provisions of Section 3.30.030.

Accessory buildings shall be limited to two internal plumbing fixtures except as provided by subsection 4.20.020(I).

Accessory dwelling unit-ADU. A residential dwelling unit that provides independent living facilities and is located on the same lot as the primary dwelling (single-family or multifamily) to which it is an accessory use. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling to which it is accessory. Accessory dwelling units include standard ADUs, movable tiny homes, and Junior ADUs. ADUs include an efficiency unit as defined in Health and Safety Code section 17958.1, and a manufactured home as defined in Health and Safety Code section 18007. This use classification is intended to be consistent with Government Code section 65852.2 and all other state laws as those laws are amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail. [Criteria/Findings § 4.10.015]

1.

Standard ADU. A standard accessory dwelling unit that provides complete independent living facilities. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation. It may be attached or detached. [Criteria/Findings § 4.10.015]

2.

Movable Tiny Home. A detached structure on wheels used for dwelling purposes that provides complete independent living facilities for one or more persons and is located on the same lot as the primary dwelling (single-family or multifamily) to which it is an accessory use. See Section 1.30.030 "Movable tiny home."

3.

Junior ADU. A dwelling unit that is no more than 500 square feet in size, and is contained entirely within a primary single-family residence or a detached accessory dwelling unit, and both shall have independent entrances. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation facilities on the same parcel as the primary dwelling to which it is accessory. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing dwelling unit. The junior accessory dwelling unit must contain either a full kitchen or an efficiency kitchen consisting of cooking facilities with appliances, food preparation counters, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. This use classification is intended to be consistent with Government Code sections 65852.2 and 65852.22 and all other state laws as those laws are amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail. [Criteria/Findings § 4.10.015]

Agricultural Employee Housing. Housing occupied by individuals who are primarily engaged in an agricultural operation, as defined in § B29-2(b) of the Ordinance Code. Family members of such individuals may also live in the same unit. Agricultural employee housing is not required to be located on the same property as an agricultural operation. [Criteria/Findings § 4.10.040]

All uses within this classification shall fit within one of the following subcategories:

1.

Small-scale permanent. Permanent housing facilities that include no more than six dwelling units or 18 beds in group living quarters. This may include mobile homes and manufactured homes. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. Where agricultural employee housing consists of a combination of both individual dwelling units and group living quarters, each dwelling unit shall count as three beds toward the maximum of 18 beds in group living quarters. [Criteria/Findings § 4.10.040]

2.

Large-scale permanent. Permanent housing facilities that include more than six dwelling units or 18 beds in group living quarters, or housing that does not meet the supplemental use regulations for small-scale agricultural employee housing. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. [Criteria/Findings §§ 3.80.050, 4.10.040]

3.

Seasonal. Temporary housing that is present on site for no more than 180 days per year and is not subject to the Special Occupancy Parks Act, Health and Safety Code § 18860 et seq. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. This housing is limited to movable tiny homes, which for the purpose of seasonal agricultural employee housing, may be located on a lot without a primary residence. The property owner shall declare the specific occupancy period dates for each housing unit annually and submit that information to the Planning Director by January 31 of each year. All such housing shall be removed from the site outside of the declared occupancy period dates. [Criteria/Findings § 4.10.040]

Caretaker's Residences. Dwelling units incidental and subordinate to a significant nonresidential use established by issuance of a use permit. Such units must be necessary for the practical operation of the primary use, and the occupancy of such units shall be limited to owners or employees of the primary use and their families.

Domestic Animals. The keeping of domesticated animals for use or enjoyment within the home or premises by the resident occupants, including non-commercial equestrian activities. All uses within this classification shall fit within one of the following subcategories:

1.

Dogs and Cats. The keeping of dogs and cats.

2.

Small Animals—Limited. Includes the following small animals: rabbits, guinea pigs, chicken and fowl (but excluding roosters, peafowl, guinea fowl, geese or quacking ducks), and similar species as approved by the Zoning Administrator.

3.

Horses. The keeping of horses.

Home Occupations. Businesses conducted incidental to the residential use of a property, generally within a dwelling by resident occupants. All uses within this classification shall fit within one of the following subcategories:

1.

General. Uses conducted exclusively within the dwelling by the resident, with allowance for one nonresident employee. [Criteria/Findings § 4.10.180]

2.

Expanded. Uses conducted in the dwelling or accessory building by the resident, with allowance for one nonresident employee, limited outdoor storage of materials, and not more than two vehicles. [Criteria/Findings § 4.10.180]

Recreational Vehicle Parks. (Residential) Facilities providing spaces for recreational vehicles as defined in California Health and Safety Code Section 18010 and providing electric, water, and sanitary hookups for each recreational vehicle. Recreational Vehicle Parks may also include ancillary facilities that provide services to onsite recreational vehicles, such as a manager's and/or caretaker's unit, office, retail sales, shared bathroom facilities, small recreational facilities, picnic tables, storage lockers, and cooking areas. This use classification applies to Recreational Vehicle Parks for which the owner has obtained an exemption from the short-term stay requirements from the County. [Criteria/Findings § 4.10.280]

Residential-Communal Institutional. A facility containing rooms or apartments (or both) but having communal dining facilities and lounges, and communal services, such as housekeeping, organized social and recreational activities, and support services appropriate for the residents. Includes college dormitories, monasteries and other such communal living facilities related to permitted institutional use classifications. Excludes nursing homes and similar uses (see Community Care Facilities). Also excludes rooming houses (see Rooming Houses, Fraternities & Sororities). [Criteria/Findings § 4.10.300]

Rooming Houses, Fraternities & Sororities. Includes fraternity and sorority housing for students, boarding houses, and similar group residential uses. Also includes single-room occupancy residential facilities where secure rooms are individually rented to a one- or two-person household. Excludes those uses classified as Residential -Communal Institutional.

Temporary Residences during House Construction. Mobile homes, recreational vehicles, or existing homes occupied during the construction, repair, or remodel of a permanent dwelling on the same property. The temporary residence may remain on the property for no longer than 90 days from the date of occupancy of the permanent dwelling, or for two years from the date of either initial building permit issuance or the date of any casualty that rendered the primary residence uninhabitable, whichever occurs first. The provisions of subsection 4.20.090(B) shall apply to emergency housing following casualty. [Criteria/Findings § 4.10.380]

Temporary Agricultural Residence. A recreational vehicle or movable tiny home that provides temporary housing to a person engaged in an on-site agricultural operation, as defined in § B29-2(b) of the Ordinance Code, and their family members. For the purpose of temporary agricultural residences, a movable tiny home or recreational vehicle may be located on a property without a primary residence on-site. [Criteria/Findings § 4.10.385]

Urban Primary Unit. A second residential dwelling unit, limited to 1,600 square feet, that provides independent living facilities and is located on a legal parcel that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau when the application is approved, and is located in a single-family residential zone. This use classification also applies to a second dwelling unit on any eligible lot that resulted from an urban lot split, as described in section C12-44, on or after January 1, 2022. The dwelling unit may exist as a separate structure or within a common structure. An Urban Primary Unit is not an ADU or Junior ADU. This use classification is intended to implement Government Code Sections 65852.21 and 66411.7, as amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail to the limited extent of the conflict. [Criteria/Findings § 4.10.387]

(Ord. No. NS-1200.327, § 4, 2-9-10; Ord. No. NS-1200.335, § 1, 12-4-12; Ord. No. NS-1200.337, § 2, 12-18-12; Ord. No. NS-1200.345, § 1, 6-10-14; Ord. No. NS-1200.349, § 2, 4-7-15; Ord. No. NS-1200.360, § 1, 5-23-17; Ord. No. NS-1200.367, § 3, 6-19-18; Ord. No. NS-1200.371, § 2, 3-10-20; Ord. No. NS-1200.375(10.20.2020), § 2, 10-20-20; Ord. No. NS-1200.378, § 1, 5-25-21; Ord. No. 1200.383, § 1, 1-24-23; Ord. No. NS-1200.384, § 1, 12-12-23)

The notation in parentheses following the title of each primary classification indicates the type of use for purposes of ensuring general plan consistency and correlation with types of allowable uses defined within the general plan.

Adult Uses. (Commercial) A building, premises or portion thereof consisting of, including, or having the characteristics of any or all of the following three subcategories. For regulatory purposes, this classification shall supersede any other classification under which a qualifying adult use may also fall (e.g. retail sales, theaters, restaurants and bars). [Criteria/Findings § 4.10.020].

1.

Adult Book/Video Store. An establishment having as a substantial or significant portion of its stock-in-trade for sale to the public (or certain members thereof) videos, magazines, erotic devices and accessories, books, and/or other such items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (see definitions, below).

2.

Adult Movie Theater. An establishment regularly 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 for observation by patrons or customers.

3.

Adult Entertainment Establishment. An establishment regularly used for the presentation or exhibition or featuring of topless or bottomless dancers, strippers, or any entertainers regularly displaying specified anatomical areas for observation by patrons or customers or regularly engaged in specified sexual activities, regardless of the state of dress.

The following definitions apply to uses within this classification:

Specified sexual activities:

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

Acts of human masturbation, sexual intercourse, sodomy or bestiality; or

(c)

Fondling or other erotic handling of human genitals, pubic region, buttock, or female breast.

Specified anatomical areas:

(a)

Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; or

(b)

Human male genitals in a discernibly turgid state.

Agriculture. (Agricultural) Raising of animals, crops, or crop trees, including horticulture, crops grown within greenhouses, vineyards, crop harvesting, livestock farming, apiaries, aviaries, worm farms, fish farms, fur farms, 4-H projects, Future Farmers of America projects, or those of similar groups, grazing, and ranching. This classification excludes uses that have the potential to result in significant off-site impacts (see Dairies, Feed Lots, Industrial Hemp, Livestock Auction Yards, Mushroom Farms, Poultry and Egg Farms—Commercial). All uses within this classification shall fit within one of the following subcategories:

1.

General. The raising of agricultural commodities other than livestock.

2.

Livestock. The raising of livestock.

3.

Urban. Agricultural activity within an urban setting, scaled and operated to be compatible with adjacent urban land uses. Includes growing of agricultural products and limited raising of livestock. Also includes community supported agriculture, communal gardens, and educational demonstration gardens. Livestock shall be limited to no more than 12 small animals as provided in Note 6 of Table 2.30-1. [Criteria/Findings § 4.10.025].

Agricultural Accessory Structures and Uses. (Agricultural) Structures and uses ancillary to and supporting onsite agricultural operations including, but not limited to, barns and sheds, corrals, wells, compost storage, machinery storage, and small offices.

Agricultural Equipment Sales and Services. (Commercial) Establishments for the sale, rental, and repair of machinery, equipment and supplies for use in agricultural operations.

Agricultural Processing. (Agricultural) Processing facilities for the handling, processing, packing, packaging, storing and shipping of agricultural commodities grown primarily in Santa Clara County or neighboring counties. Does not include processing of meat, poultry, or animal products (see Butcheries), nor timber or wood processing (see Manufacturing/Industry) or industrial hemp (see Industrial Hemp: Agricultural Processing). Does not include routine harvesting and handling activities incidental to agriculture (see Agriculture). All uses within this classification shall fit within one of the following subcategories [Criteria/Findings § 4.10.030]:

1.

Small Scale. 2,400 square feet or less of covered space devoted to processing activities.

2.

Medium Scale. Between 2,400 and 10,000 square feet of covered space devoted to processing activities.

3.

Large Scale. More than 10,000 square feet of covered space devoted to processing activities.

Agricultural Research. (Agricultural) Establishments for experimental greenhouse and field growing of agricultural commodities, landscaping and seeds, including experimental use of herbicides, pesticides, and other agricultural practices. Does not include agricultural research facilities for industrial hemp (see Industrial Hemp: Agricultural Research).

Agricultural Sales. (Commercial) Facilities for the retail sale of agricultural commodities, operated by a single seller on a seasonal or year-round basis. All uses within this classification shall fit within one of the following subcategories:

1.

Limited. Sales of agricultural products predominantly grown or produced within Santa Clara County. Includes operations where customers have access to the growing areas and pick the product themselves, such as Christmas tree farms, pumpkin patches, and apple or fruit picking. May include a stand or similar sales structure no larger than 1,200 square feet.

2.

Farmers' Markets. Facilities used by multiple sellers for sales of agricultural commodities directly to the public.

Agriculturally Related Entertainment and Commercial Uses. (Commercial) Visitor oriented services, sales and attractions with an agricultural theme that are conducted in conjunction with on-site agricultural uses. Such uses include but are not limited to food and retail sales, tasting rooms, reception facilities, outdoor entertainment areas. [Criteria/Findings § 4.10.050]

Aircraft Landing Strips—Private. (Residential) Facilities for takeoff, landing and storage of small, noncommercial airplanes. This classification does not include helipads (see Helipads).

Antennas—Commercial. (Infrastructure). Towers and similar structures mounted with equipment for the transmitting and/or receiving of television, radio or electromagnetic waves between terrestrially and/or orbitally based structures. This classification does not include private, non-commercial antennas, nor does it include cellular or other wireless telecommunications facilities (see Wireless Telecommunication Facilities).

1.

Minor. Structures 55 feet or less in height.

2.

Major. Structures over 55 feet in height.

Auction Houses. (Commercial) Establishments for the display and sale of goods through a bidding process. This classification does not include animal auction facilities (see Livestock Auction Yards).

Automotive Sales and Services. (Commercial) Establishments for the sale, rental, maintenance, and repair of automobiles and other passenger vehicles, such as light-duty trucks, boats and motorcycles. Does not include heavy-duty or commercial truck sales and services (see Truck Sales and Services). All uses within this classification shall fit within one of the following subcategories:

1.

Limited Repair. Minor automobile and vehicle repair and accessory installation, including, but not limited to, oil changes, tune-ups, wheel alignment, and muffler and shock absorber replacement and repair.

2.

General Repair. Major repair services for automobiles and other light-duty vehicles, including electric and battery service, glass replacement, reupholstering, bodywork, painting, motor and transmission rebuilding, and tire recapping.

3.

Sales and Rentals. Establishments for the sale, leasing and/or rental of operable automobiles, boats, motorcycles, or other vehicles, including onsite storage of vehicles for sale or rent.

4.

Service Stations. Gas stations, including ancillary convenience retail and auto services. Service stations that contain more than two repair bays are considered "limited repair."

5.

Storage. Storage of new vehicles or operable used vehicles intended for future use or for resale as whole vehicles. This classification does not include junkyards.

6.

Washing. Establishments providing hand-operated, self-service, or mechanical automobile washing services.

Banks. (Commercial) Financial institutions including federally chartered banks, savings associations, industrial loan companies, and credit unions providing retail banking 31 Santa Clara County Zoning Ordinance Chapter 2.10: Definitions: Use Classifications Rev: March 2020 services to individuals and businesses. This classification does not include payday lending businesses or check cashing businesses, and as a result, the establishment, expansion, or relocation of such businesses is prohibited. The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code section 23001(d), as amended from time to time. The term "check cashing business" as used herein means a retail business owned or operated by a "check casher" as that term is defined in California Civil Code section 1789.31, as amended from time to time.

Bed and Breakfast Inns. (Commercial) Establishments providing short term overnight accommodations with a maximum of six guestrooms, including kitchen and dining room facilities for guests. [Criteria/Findings § 4.10.060]

Billboards. (Commercial) Signs advertising activities conducted offsite. This classification does not include temporary real estate signs, seasonal agricultural sales signs, or temporary agricultural stand signs (see Chapter 4.40: Signs).

Broadcasting. (Infrastructure) Facilities for broadcasting, recording, and other electronic communication services, including radio, television or recording studios, telephone switching centers, and telegraph or cable television transmitting offices. This classification does not include commercial antennas or antennas that are an accessory use to a principal use on the same parcel (see § 4.20.020 Accessory Structures).

Business Services. (Commercial) Establishments providing services oriented to businesses, including. but not limited to, accounting, tax preparation, document preparation and photocopying services, messengers, printing, janitorial services, wholesaling without significant on-site inventories of stock, and other similar services. This classification excludes professional offices and automobile and equipment maintenance and repair.

Butcheries. (Industrial) Establishments for slaughter and basic processing and packaging of animals for meat products. This classification does not include manufacture of nonfood items from animal products such as tanning and soap manufacturing (see Manufacturing: General).

Camps and Retreats. (Recreational) Outdoor-oriented recreational, meeting, lodging, and associated facilities which have a low population density, are a low intensity use, and which minimally alter the natural environment. Includes hostels, guest ranches, lodges, and educational and group retreats, but does not include tourist-oriented resorts, or hotels or motels (see Hotels and Motels). [Criteria/Findings § 4.10.070]

Cemeteries. (Institutional) Grounds or facilities for the burial or other interment of deceased humans or animals. Uses include cemeteries, columbaries, and mausoleums, and limited associated facilities such as offices and chapels. [Criteria/Findings § 4.10.080]

Clubs—Private and Nonprofit. (Institutional) Indoor meeting, recreational, or social facilities of a private fraternal or benevolent organization primarily for use by members or guests. This classification does not include clubs with outdoor recreation facilities such as swim and racket clubs or country clubs.

Colleges and Vocational Schools. (Institutional) Institutions of higher education, typically granting recognized degrees. This use classification includes vocational and technical schools.

Community Care. (Institutional) Facilities providing care and supervision to children or adults (or both), as defined in California Health and Safety Code Section 1502. This classification includes, but is not limited, to day-care facilities and facilities for the physically disabled, mentally impaired, and abused or neglected children, supportive housing facilities, transitional housing, nursing homes and assisted living facilities. Services may be provided on either a 24-hour (residential) or less than 24-hour (day) basis. All uses within this classification shall fit within one of the following subcategories: [Criteria/Findings § 4.10.090]

1.

Limited. Facilities serving six or fewer persons, excluding members of the provider's family and staff. Facilities serving between seven and 14 children or minors (age 18 and younger) that are licensed as large-family day-care homes according to the requirements of Division B24 of the County Ordinance Code are also included. Supportive and transitional housing facilities serving six or fewer clients are classified as Residences.

2.

Expanded. Facilities serving more than six persons that are not otherwise licensed and operated as large-family day-care homes under Division B24 of the County Ordinance Code.

Contractors' Facilities. (Industrial) Facilities for construction contractors' businesses. Includes office, heavy equipment and material storage, and limited facilities for maintenance of equipment owned and operated by the business owner.

Dairies. (Agricultural) Establishments where cows or goats are maintained for the production of milk or other dairy products for commercial distribution or sale. [Criteria/Findings § 4.10.110]

Emergency Shelters. (Institutional) Facilities that provide short-term residential occupancy and supportive services to seven or more clients. No client may be denied emergency shelter because of an inability to pay.

All uses within this classification shall fit within one of the following subcategories: [Criteria/Findings § 4.10.115]

1.

Small-Scale. Facilities serving between seven and 14 clients.

2.

Large-Scale. Facilities serving 15 or more clients.

Facilities serving six or fewer clients are classified as Residences.

Entertainment—Seasonal Outdoor. (Commercial) Facilities for spectator entertainment including, but not limited to, outdoor movie and live performance theaters or stages. [Criteria/Findings § 4.10.120]

Feed Lots. (Agriculture.) Establishments primarily engaged in the fattening of livestock in a confined area. [Criteria/Findings § 4.10.130]

Field Research. (Institutional). Research activities, field studies and educational activities (e.g. student field research) that are dependent on a natural, open setting. Examples include biological, geological or atmospheric studies.

Food Preparation and Catering Services. (Commercial) Preparation of food and beverages primarily for off-site consumption. This classification includes catering businesses and limited-scale food processing facilities such as bakeries. Establishments at which 25 percent or more of transactions are sales of prepared food for on-site consumption are classified as "Restaurants and Bars."

Funeral and Cremation Services. (Institutional/ Commercial) Services involving the preparation of human dead, visitation and other pre-interment services. Excludes cemeteries and columbaries (see Cemeteries).

Golf Courses and Country Clubs. (Recreational) Golf courses and related uses such as driving ranges, refreshment services, locker rooms, facilities for limited sales of golf supplies and accessories, swimming pools, tennis courts, fitness center, social areas, and eating and drinking facilities for members, users, and their guests. May also include overnight accommodations for temporary occupancy of members, users, and guests, that are of an appropriate and ancillary scale to the golf course development. [Criteria/Findings § 4.10.140]

Golf Driving Ranges. (Recreational) Golf driving ranges not ancillary to golf courses. [Criteria/Findings § 4.10.150]

Health and Fitness Clubs. (Recreational) Commercial facilities used for physical activity for health and recreational purposes. Such facilities usually include exercise equipment and locker rooms, and may include swimming pool, gymnasium, sauna, steam and whirlpool bath facilities and incidental sales of refreshments, toiletries, and health or exercise equipment.

Helipads. (Residential) Facilities for the takeoff, landing and storage of helicopters used for private non-commercial purposes. This classification does not include fixed-wing aircraft landing strips (see Aircraft Landing Strips -Private). [Criteria/Findings § 4.10.160]

Historic Structure—Use Conversion. (Commercial/Institutional) Structures which are registered cultural heritage resources as defined within the zoning ordinance may be 34 Santa Clara County Zoning Ordinance Chapter 2.10: Definitions: Use Classifications Rev: March 2020 allowed certain limited exceptions to allowed uses, setbacks, and height requirements, as determined by the approval authority. Uses to which such structures may be converted as a form of adaptive re-use include, but are not limited to, the following: [Criteria/Findings § 4.10.170]

1.

Museums.

2.

Studios—Arts and Crafts.

3.

Clubs—Private and Non-Profit.

4.

Retail Sales—General.

5.

Restaurants and Bars.

6.

Hotels and Bed and Breakfast Inns.

7.

Other uses, deemed similar in nature to those described above, as determined by the Zoning Administrator.

Hospitals and Clinics. (Institutional) State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment as well as training, research, and administrative services for patients and employees. Excludes those uses classified as "Medical Offices," as well as public hospitals and clinics not subject to zoning regulations pursuant to state law. [Criteria/Findings § 4.10.190]

Hotels and Motels. (Commercial) Establishments providing more than six guest units, with no or minimal kitchen facilities in the units, intended for occupancy on a commercial basis. Guest units may be reached either from a common entrance or directly from the outside of the building. This classification includes incidental restaurants or reception/meeting facilities.

Hunting and Fishing Preserves. (Recreational) Natural or improved open space areas and related facilities specifically designated for hunting or fishing.

Industrial Hemp. (Agricultural) The term "industrial hemp" as used herein has the same meaning as that term is defined in California Food and Agricultural Code section 81000(a)(6), as amended. The term "industrial hemp operations" includes the following subcategories:

1.

Cultivation. The growing of industrial hemp, including non-experimental seed breeding for cultivation. Includes routine harvesting and handling activities incidental to growing and for non-experimental seed production. [Criteria/Findings § 4.10.195]

2.

Agricultural Research. Establishments for experimental greenhouses, field or indoor growing of industrial hemp for the development of new strains, varieties, and cultivars of seeds; experimental use of herbicides, pesticides; and other experimental agricultural practices. [Criteria/Findings § 4.10.195]

3.

Agricultural Processing. Processing facilities for the handling, processing, packing, packaging, storing and shipping of industrial hemp grown primarily in Santa Clara County or nearby counties. All uses within this classification shall fit within one of the following subcategories [Criteria/Findings § 4.10.030 and § 4.10.195]:

a.

Small-Scale. 2,400 square feet or less of covered space devoted to processing activities.

b.

Medium-Scale. More than 2,400 and up to 10,000 square feet of covered space devoted to processing activities.

c.

Large-Scale. More than 10,000 square feet of covered space devoted to processing activities.

Informational Displays. (Commercial) Staffed or un-staffed kiosks or displays for the purposes of education or tourist information. All uses within this classification shall fit within one of the following subcategories:

1.

Small. A kiosk of 400 square feet or less.

2.

Large. A kiosk of more than 400 square feet.

Kennels—Commercial. (Commercial) Commercial facilities for the shelter, breeding, sale, or training of three or more dogs or six or more cats over four months of age on a commercial basis. This classification allows for incidental activities such as exercising, grooming, and incidental medical care. Veterinary clinics and hospitals are not included (see "Veterinary Clinics and Hospitals"). [Criteria/Findings § 4.10.200]

Laboratories and Testing Services. (Commercial) Electronic, mechanical, biological or other scientific or analytical testing occupying 2,400 square feet of floor area or less (this limitation shall not include minimal ancillary office or other non-laboratory floor area). For larger laboratories see "Manufacturing-Limited."

Laundries—Industrial. (Commercial/Industrial) Large-scale laundry and dry-cleaning operations primarily serving corporate or commercial customers for linen, clothing, or other textiles. Diaper services catering to residential customers are included. Industrial laundries do not include retail laundry or dry-cleaning establishments (see Retail Sales and Services).

Livestock Auction Yards. (Agricultural) Establishments primarily used for the sale of livestock by public auction, including the incidental temporary storage of livestock in conjunction with their sale. [Criteria/Findings § 4.10.210]

Machinery and Equipment Services. (Commercial) Rental, storage, and incidental sales of machinery and equipment. All uses within this classification shall fit within one of the following subcategories:

1.

Limited. Rental and incidental sale of supplies and small equipment such as tools, appliances, business equipment, electronic equipment, furniture, and recreational equipment.

2.

General. Rental and storage of heavy machinery, equipment, and incidental sale of supplies, including building, construction, nursery and farm equipment. See Retail Sales for sale of building supplies.

Maintenance and Repair Services. (Commercial) 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.

Manufactured—Home Sales and Rentals. (Commercial) Establishments for the sale or rental of prefabricated manufactured housing. This classification does not include establishments for the sale or rental of recreational vehicles (see Automotive Sales and Services).

Manufacturing/Industry. (Industrial) Production and processing of goods from raw materials or fabricated items. Also includes the dismantling, reduction or destruction of materials or items, and storage of salvage materials and items. All uses within this classification shall fit within one of the following subcategories:

1.

Small-Scale Rural. Small-scale manufacturing activities primarily serving operations in surrounding rural areas, involving limited manufacturing or assembly of finished products from previously prepared materials. Enclosed floor area for such uses shall not exceed 2,400 square feet (this limitation shall not include minimal ancillary office or other non-manufacturing floor area). This 36 Santa Clara County Zoning Ordinance Chapter 2.10: Definitions: Use Classifications Rev: March 2020 classification includes, but is not limited to, pallet and bin repair and manufacturing and nursery equipment manufacturing.

2.

Limited. Operations involving limited product assembling, mixing, or packaging of such a nature that off-site impacts are minimal. Includes assembling or mixing where previously processed components or manufactured parts produced off-site are assembled into a finished product or blended together to form a noncombustible and non-explosive product. Includes product packaging, such as bottling, canning, packing, wrapping, and boxing of products assembled or manufactured off-site.

Examples include, but are not limited to, the production of the following: clothes, furniture (where wood is milled off-site), pharmaceuticals, hardware, toys, mechanical components, electric or electronic components, small vehicle assembly, and computer software.

3.

General. Manufacturing of products from processed or unprocessed raw materials, where the finished product is non-combustible and non-explosive. Also includes storage, dismantling, reduction or destruction of items or materials. The nature of such manufacturing may produce noise, vibrations, illumination, odors, or particulate that is perceptible to adjacent land users but is not significantly offensive or obnoxious. The use may include product packaging or any ancillary activity compatible with this classification or the classification Manufacturing/ Industry: Limited.

Examples include, but are not limited to, the production of the following: glass products made from manufactured glass; clay and pottery products; food and beverages; candy and other confectionery products; computer hardware; products made from rubber, plastic, or resin; converted paper and cardboard products; and fabricated metal products made from semi-finished metals.

4.

Intensive. Manufacturing of products from raw or unprocessed materials, where the finished product may be combustible or explosive. This category also includes storage, dismantling, reduction or destruction of items or materials. This category shall also include any establishment or facility using large unscreened outdoor equipment or structures such as conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment that cannot be integrated into the building design, or engaging in large-scale outdoor storage. This category also includes any industrial use that generates noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses or requires a significant amount of on-site hazardous chemical storage or use. This use shall include any packaging of the product being manufactured on-site.

Examples include, but are not limited to, the production of the following: largescale food and beverage operations; lumber, milling, and planning facilities; aggregate, concrete, and asphalt plants; foundries, forge shops, open air welding, and other intensive metal fabrication facilities; chemical blending, mixing, or production; and plastic processing and production; junkyards; scrap metal recycling and salvage; and vehicle dismantling, wrecking and crushing.

Massage Establishments. (Commercial) Fixed places of business where massage is administered for compensation or from which a massage business or service for compensation is operated. "Massage Establishment" does not include establishments where massage is administered as an ancillary service within the scope of a license to perform services as (a) a barber, cosmetologist, esthetician, manicurist, electrologist, apprentice, barber instructor or cosmetology instructor, under the California Barbering and Cosmetology Act; or (b) a practitioner of the healing arts, under Division 2 of the California Business and Professions Code (Business and Professions Code, § 500 et seq.).

Museums. (Institutional) Facilities displaying or preserving objects of interest in history, arts, humanities or sciences, including related educational programs, that are open to the public.

Mushroom Farms. (Agricultural) Establishments primarily used for the cultivation and subsequent distribution and sale of mushrooms. [Criteria/Findings § 4.10.220]

Nonprofit Institutions. (Institutional) Facilities providing direct programs or services to the community on a not-for-profit basis. This classification includes, but is not limited to, quasi-public facilities such as food banks, blood banks, private libraries, community centers, community-serving organizations (such as a YMCA or YWCA), and other charitable and philanthropic institutions. May also include Emergency Shelters: Small Scale, as ancillary uses. [Criteria/Findings § 4.10.230]

Nurseries. (Commercial) Sale and cultivation of ornamental trees, shrubs, and plants, including incidental sale or rental of garden and landscape materials and equipment. All uses within this classification shall fit within one of the following subcategories:

1.

Retail. Sale of plants and related materials primarily and directly to members of the public, including retail sale of locally grown plants.

2.

Wholesale. Sale of plants on a wholesale basis primarily and directly to retailers or landscape contractors, with less than 20 percent of transactions to the general public.

Offices. (Commercial) Facilities used for offices of firms or organizations providing professional, executive, management, or administrative services or offices for physicians, dentists, or chiropractors, including laboratories incidental to the medical use. This classification excludes home offices that meet the criteria for "Home Occupations."

Oil and Gas Extraction. (Resource Extraction) The drilling for and production of oil, natural gas and other hydrocarbon substances from the ground and the temporary on-site storage of such substances.

Parking Services and Facilities. (Commercial) Parking lots or multilevel parking structures.

Personal Services. (Commercial) Services and incidental sales of a personal nature, including, but not limited to, beauty salons, barber shops, music and dance instruction studios, and diet centers. This classification excludes massage establishments (see Massage Establishments).

Petroleum Products Distribution. (Industrial) Bulk distribution of gasoline, oil, natural gas, propane, or other petroleum or fuel products. Does not include service stations (see Automotive Sales and Services: Service Stations).

Poultry and Egg Farms—Commercial. (Agricultural) Establishments where fowl are raised or kept in confined areas or facilities for the primary purpose of commercial distribution or sale of birds or eggs. [Criteria/Findings § 4.10.240]

Radio-Controlled Model Aircraft Facilities. (Recreational) Landing strips and associated facilities that are administered and supervised by a recognized radio-controlled model aircraft organization for flying of propeller-driven or un-powered model aircraft meeting the Official Model Aircraft Regulations of the Academy of Model Aeronautics. [Criteria/Findings § 4.10.250]

Reception Facilities. (Commercial) Indoor or outdoor facilities used for receptions, parties, weddings, or other similar gatherings. Kitchen and dining rooms may be included. [Criteria/Findings § 4.10.260]

Recreation—Commercial. (Recreation/Commercial) This classification includes, but is not limited to, active commercial recreation uses such as a bowling alley, paintball, skating rink, rock climbing, and video and amusement arcade.

Recreational Playgrounds and Sports Fields. (Recreational) Sports fields and play areas operated by a non-profit recreational organization. [Criteria/Findings § 4.10.270]

Recreational Vehicle Parks. (Recreational) Facilities providing spaces for recreational vehicles as defined in California Health and Safety Code Section 18010 and providing electric, water, and sanitary hookups for each recreational vehicle. Recreational Vehicle Parks may also include ancillary facilities that provide services to onsite recreational vehicles, such as a manager's and/or caretaker's unit, office, retail sales, shared bathroom facilities, small recreational facilities, picnic tables, storage lockers, and cooking areas. This use classification applies to Recreational Vehicle Parks for which the owner has not obtained an exemption from the short-term stay requirements from the County. [Criteria/Findings § 4.10.280]

Recycling Facilities. (Industrial) Facilities for the collection, handling, and recycling of previously used materials or manufacturing by-products as raw materials or finished products. All uses within this classification shall fit within one of the following subcategories:

1.

Collection Facilities—Consumer Recycling. Collection facilities for recycling of cans, bottles, plastic, paper, and other recyclable items and materials. Includes facilities certified by the State Department of Conservation and meeting the requirements of the California Beverage Container Recycling and Litter 39 Santa Clara County Zoning Ordinance Chapter 2.10: Definitions: Use Classifications Rev: March 2020 Reduction Act of 1986 and any other applicable state laws. Includes reverse vending machines. [Criteria/Findings § 4.10.285]

2.

Recycling/Processing Facilities—Consumer Waste. Recycling, storage, and reprocessing of consumer waste certified by the State Department of Conservation and meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 and any other applicable state laws.

3.

Concrete, Asphalt, and Soil Recycling. Crushing, recycling, storage, and reprocessing of concrete, asphalt, and soil. This classification does not include storage of topsoil as part of an approved quarry reclamation plan. May be conditioned or limited in terms of days and hours of operation, vehicle access, types of materials to be recycled or stored onsite, size and location of processing equipment and storage areas, construction or improvement of roads, surety bonds, or other matters. Such limitations or restrictions may be based on location and characteristics of the site, including parcel size, level of traffic, adjoining uses and environmental setting.

4.

Composting and Wood Recycling. Composting, reduction, and recycling of vegetation, wood, and other non-hazardous organic wastes, including food wastes. This classification does not include composting or other treatment of sludge materials from sewage treatment plants.

5.

Hazardous Materials Recycling. Recycling operations involving processing of chemicals or other hazardous materials.

Religious Institutions. (Institutional) Facilities for religious worship and incidental accessory uses. This classification includes churches, synagogues, mosques, temples and similar places of worship. May also include Emergency Shelters: Small Scale, as ancillary uses. Excludes monasteries and convents as primary uses (see Residential—Communal Institutional). [Criteria/Findings § 4.10.290]

Restaurants and Bars. (Commercial) Establishments serving prepared food and beverages (see Food Preparation and Catering for establishments where less than 25 percent of transactions are sales of food prepared for on-site consumption). All uses within this classification shall fit within one of the following subcategories:

1.

Limited-Service Eating Places. Establishments that primarily serve prepared food to the general public for on-site consumption with no sales or consumption of alcoholic beverages.

2.

Full-Service Eating Places. Establishments that serve prepared food where any alcoholic beverage may be sold and/or served to the patrons.

3.

Drinking Places. Establishments known as bars, taverns, night clubs or drinking places that primarily engage in preparing and serving alcoholic beverages to the general public for on-site consumption. These establishments may also provide limited food services.

Retail Sales and Services. (Commercial) Establishments engaged in retail sale of goods or provision of services. This classification includes, but is not limited to, food and beverage sales (such as grocery stores, liquor stores and delicatessens), convenience stores, clothing stores, automobile parts stores, hardware and home improvement stores, specialty stores, retail printing and office services, picture framing, laundromats, and retail dry cleaning establishments. Does not include automobile service stations, agricultural sales, or any other uses separately classified. All uses within this classification shall fit within one of the following subcategories:

1.

Local-Serving. Establishments that primarily serve surrounding neighborhoods, that are operated completely within an enclosed building, and whose floor area does not exceed 1,200 square feet. [Criteria/Findings § 4.10.310]

2.

General. Establishments that are oriented to a customer base beyond local residents and that are operated within an enclosed building, or which are larger than 1,200 square feet.

3.

Outdoor Sales and Storage. Retail establishments that involve outdoor storage of merchandise, including, but not limited to, building materials, monument sales, and wood sales. Does not include automobile sales (see Automotive Sales and Services: Automobile Sales).

Rodeos and Equestrian Events. (Commercial) Any activity where spectators pay to view the exhibition or competition of the traditional skills of cowboys, such as riding of rough stock, roping and timed events, and equestrian events including handling, competition and exhibition of horses. [Criteria/Findings § 4.10.320]

Schools. (Institutional) Facilities for primary or secondary education, including elementary, middle, and high schools. Does not include public school district facilities that meet all criteria for exemption from zoning regulations, pursuant to state law, and does not include uses classified as "Colleges and Vocational Schools." [Criteria/Findings § 4.10.330]

Solar Energy Conversion Systems—Commercial. (Infrastructure) Facilities used for the conversion of solar energy for the commercial sale of electricity. Does not include systems that are used primarily to supply energy to an on-site residential, agricultural or other permitted use(s), and which are regulated as accessory uses (see § 4.20.020). [Criteria/Findings § 4.10.345] All uses within this classification shall fit within one of the following subcategories:

1.

Minor. Facilities covering eight acres or less and involving only minor structures other than energy conversion equipment. Structures must be 35 feet or less in height. Land coverage calculations shall include the gross land area utilized by the systems (whether enclosed or unenclosed by security fences) including all areas covered by access roadways and parking used exclusively to support the facility. Multiple facilities proposed in conjunction that cover greater than eight acres shall not meet this definition.

2.

Major. Facilities that do not meet the definition of Solar Energy Conversion Systems - Commercial - Minor.

Sport Shooting. (Recreational) Ranges and incidental facilities such as offices and training areas for outdoor target shooting, sporting clay shooting, and similar shooting activities. [Criteria/Findings § 4.10.350]

Stables—Commercial. (Commercial) Commercial facilities for the boarding, care, riding and exercising of horses, including riding rings, exercise areas and instruction facilities. [Criteria/Findings § 4.10.360]

Studios—Arts and Crafts. (Commercial) Work space for artists, including photographers, or artisans practicing fine or performing arts or applied crafts. This classification also includes sales of items produced on-site.

Surface Mining. (Resource Extraction) As defined in California Public Resources Code Section 2735 as "surface mining operations," the process of obtaining minerals, such as sand, gravel, rock, aggregate, or similar materials by removing overburden and mining directly from mineral deposits, by open pit mining of naturally exposed minerals, by use of the auger method, by dredging, and by quarrying. Also includes surface work incident to an underground mine. [Criteria/Findings § 4.10.370]

Swim and Tennis Clubs. (Recreational) Swimming pools, tennis courts, and related uses such as locker rooms, showers, and refreshment areas for members, users and their guests.

Taxidermy. (Commercial) Embalming, stuffing and mounting of animals, birds and fish.

Theaters. (Commercial) Commercial facilities devoted to showing motion pictures, or for live dramatic, dance, musical or other performance.

Timber Harvest Operations—Commercial. (Resource Extraction) The cutting and removal of commercial timber species or other solid wood forest products from timber lands for commercial purposes, together with all the preparations, work, and restoration activities incidental thereto. This classification does not include operation of a Christmas tree farm (see Agricultural Sales: Limited).

Truck and Railroad Terminals. (Infrastructure) Freight terminals for goods transported by truck or rail, with associated facilities for the loading and transfer of goods.

Truck Sales and Services. (Industrial) Facilities for repair, sales or storage of heavy-duty, commercial trucks, truck trailers and recreational vehicles. All uses within this classification shall fit within one of the following subcategories:

1.

Repair. Establishments for the repair of trucks and related equipment. The repair of light-duty trucks is classified as Automotive Services: General Repair.

2.

Sales. Establishments for the sales or leasing of trucks and related equipment. The sale of light-duty trucks is classified as Automotive Services: Sales and Rentals.

3.

Storage. Establishments for the storage of truck and related equipment. The storage of light-duty trucks is classified as Automotive Services: Storage.

Underground Mining. (Resource Extraction) The mining and extraction of subterranean mineral deposits by means of a shaft or tunnel.

Utilities and Public Facilities. (Infrastructure) Facilities operated by a public or quasi-public agency or other entity for the purpose of providing utility and infrastructure services such as water, power, sewer, or telephone. Commercial antennas are not included (see Antennas—Commercial or Wireless Telecommunication Facilities). All uses within this classification shall fit within one of the following subcategories:

1.

Minor. Un-staffed facilities involving only minor structures. Buildings, structures and other equipment may not occupy more than 800 square feet. Buildings and equipment cabinets must be 12 feet or less in height, and other structures must be 35 feet or less in height. Minor utilities include, but are not limited to, small drainage channels, water storage tanks with a capacity of 50,000 gallons or less, small sewer or water pump stations, and above- or below-ground distribution or transmission lines or pipes.

2.

Major. Utility facilities that do not meet the definition of Utilities—Minor, or that have the potential to have a significant effect on the surrounding environment. This classification includes, but is not limited to, power generating plants or substations; refuse collection, transfer, and disposal facilities; flood control or drainage facilities; water reservoirs; and water or wastewater treatment plants.

Veterinary Clinics and Hospitals. (Commercial) Establishments for medical and surgical treatment of domestic and farm animals, including animal grooming and boarding of animals receiving medical care for no more than 30 days.

Warehousing and Storage. (Commercial/Industrial) Establishments providing storage facilities as a primary commercial or industrial use. All uses within this classification shall fit within one of the following subcategories:

1.

Indoor. Includes self-storage of household goods, and storage of commercial or industrial goods prior to their distribution to wholesale and retail outlets. Incidental loading facilities and management offices are included.

2.

Outdoor. Storage of commercial or industrial goods on open lots, outside of enclosed buildings, prior to distribution to wholesale and retail outlets.

Well-Drilling Operations. (Commercial) Establishments providing well-drilling services, including incidental on-site storage of equipment and machinery.

Wholesaling and Distribution. (Commercial) Indoor storage and distribution of merchandise, packages, and bulk goods. This classification includes parcel delivery services, mail-order sales, importing and sale of imported goods, and wholesale distribution. Associated activities such as packaging and crating are also permitted. For wholesaling without stock, see Business Services.

Wind Energy Conversion Systems—Commercial. (Infrastructure) Commercial facilities for the conversion of wind energy to electricity. Does not include "small wind energy systems" as defined in Government Code § 65894 that are used primarily to supply energy to an on-site residential, agricultural or other permitted use(s) with a maximum rated capacity of 50 kilowatts, and which are regulated as accessory uses (see § 4.20.020). [Criteria/Findings § 4.10.390]

Wineries. (Industrial) Facilities for the production of wine from fruit or fruit juices through fermentation, that are subject a Type 02 license by the California Department of Alcoholic Beverage Control. Wineries shall be entitled to all uses and activities provided under the Type 02 license. May also include ancillary distilling of wine to produce brandy or similar distilled spirit.

Such facilities may include related storage, blending and bottling activities, as well as administrative offices, marketing, tours, public tasting, wholesale and retail sales of wine. May include outdoor areas for picnics, gatherings and other activities incidental to winetasting. Incidental sale of marketing products and accessories related to the winery's brand identity, wine drinking, food pairing, local agriculture and local history is also permitted.

All uses within this classification shall fit within one of the following subcategories:

1.

Small-Scale. Operations whose production does not exceed 10,000 cases per year, or volume equivalent (i.e. 90,000 liters). May include limited public gatherings and promotional events that are provided in Section 4.10.395 as allowed by right.

2.

Medium-Scale. Includes any of the following:

a.

Operations whose production exceeds 10,000 cases per year, or volume equivalent (i.e. 90,000 liters).

b.

Operations that include "Medium Events," as provided in subsection 4.10.395(A)(2)(b).

Excludes such operations that include "Large Events" (see "Large-Scale).

3.

Large-Scale. Operations that include "Large Events," as provided in subsection 4.10.395(A)(2)(c).

Wireless Telecommunications Facilities. (Infrastructure) Facilities supporting equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services as further defined under state and federal laws and regulations. Does not include uses classified as Antennas - Commercial. [Criteria/Findings § 4.10.400].

1.

Collocation/Modification—Minor. The placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a legally established and operating utility tower, utility structure of any kind, or existing wireless telecommunications collocation facility that meets at least one of the following:

a.

Eligible Facilities Request (47 U.S.C. § 1455(a)). The collocation of new wireless transmission equipment or the removal or replacement of wireless transmission equipment that does not constitute a "substantial change" as defined in 47 C.F.R. § 1.40001(b)(7).

b.

The collocation of new wireless transmission equipment or the removal or replacement of wireless transmission equipment meets all requirements for nondiscretionary review under Government Code § 65850.6(b), including, but not limited to, the following:

(i)

The facility was previously approved pursuant to a discretionary permit issued on or after January 1, 2007, and either a negative declaration, mitigated negative declaration, or environmental impact report was prepared and adopted in compliance with the California Environmental Quality Act.

(ii)

The collocation or modification is consistent with the approved plans, mitigation requirements, and conditions imposed on the existing facility.

(iii)

The proposed collocation or modification complies with all County requirements for wireless telecommunications collocation facilities, and all applicable building codes and other structural and safety codes in Title C of this Code.

2.

Colocation/Modification—Major. Collocation, removal or replacement (including a complete facility replacement), or other modification that effectuates a substantial change in the physical dimensions or characteristics of an existing wireless telecommunications facility and does not qualify as a Collocation Facility—Minor.

3.

New facilities. Any new wireless transmission facility, tower, equipment, or base station, including relocation of an existing facility.

(Ord. No. NS-1200.317, § 1, 6-8-04; Ord. No. NS-1200.318, § 2, 3-28-06; Ord. No. NS-1200.324, § 3, 5-5-09; Ord. No. NS-1200.327, § 5, 2-9-10; Ord. No. NS-1200.329, § 1, 9-28-10; Ord. No. NS-1200.331, § 1, 11-9-10; Ord. No. NS-1200.333, § 1, 5-1-12; Ord. No. NS-1200.335, § 2, 12-4-12; Ord. No. NS-1200.337, § 3, 12-18-12; Ord. No. NS-1200.340, § 1, 11-26-13; Ord. No. NS-1200.345, §§ 2, 3, 6-10-14; Ord. No. NS-1200.347, § 1, 8-5-14; Ord. No. NS-1200.343, § 1, 2-10-15; Ord. No. NS-1200.349, § 3, 4-7-15; Ord. No. NS-1200.352, § 1, 9-29-15; Ord. No. NS-1200.354, § 1, 9-29-15; Ord. No. NS-1200.355, § 1, 4-26-16; Ord. No. NS-1200.366, § 1, 5-1-18; Ord. No. NS-1200.367, § 4, 6-19-18; Ord. No. NS-1200.370, § 1, 1-29-19; Ord. No. NS-1200.373, § 1, 8-25-20; Ord. No. NS-1200.378, § 2, 5-25-21)

The intent of the rural base districts is to maintain and preserve the predominantly rural character of lands to which they are applied. The base districts further regulate the type of land uses and intensity of development permitted in rural areas in a manner that implements the general plan and which protects natural resources and maintains compatibility between uses.

This chapter defines the allowable land uses and development standards for each of the rural base districts, which include the A "Exclusive Agriculture," AR "Agricultural Ranchlands," HS "Hillsides," and RR "Rural Residential" districts. The specific purposes of each of these base districts are described below.

A.

A Exclusive Agriculture. The purpose of the Exclusive Agriculture district, also known as the A district, is to preserve and encourage the long-term viability of agriculture and agricultural lands, recognizing the vital contributions agriculture makes to the economy and quality of life within the County. The intent of this district is to reserve those lands most suitable for agricultural production for agricultural and appropriate related uses. This zoning district will provide stability for ongoing agricultural operations and provide for new uses necessary to support a viable local agriculture industry. This district is also intended to retain in open space uses those lands which may be suitable for future urbanization until such time as they are included within a city's urban service area and public facilities and services can be economically provided, consistent with community plans and objectives. This district is meant to apply to all portions of the County designated as Agriculture: Large Scale, Agriculture: Medium Scale, and Open Space Reserve in the general plan. Note that § 2.20.050 applies to this district.

B.

AR Agricultural Ranchlands. The purpose of the Agricultural Ranchlands district, also known as the AR district, is to preserve ranching, the natural resources, and the rural character of the areas to which it applies. Permitted uses include ranching or agriculture, low-intensity recreation, mineral extraction, and land in its natural state. Very-low-intensity residential, commercial, industrial and institutional uses may also be allowed if they are sized to primarily serve the rural ranchland residents or are necessary for the enhancement and protection of the natural resources of the area and do not require a substantially higher level of service than presently provided. This district is meant to apply to all parcels designated Ranchlands in the general plan. Note that § 2.20.060 applies to this district.

C.

HS Hillside. The purpose of the Hillside district, also known as the HS district, is to preserve mountainous lands unplanned or unsuited for urban development primarily in open space and to promote those uses which support and enhance a rural character, which protect and promote wise use of natural resources, and which avoid the risks imposed by natural hazards found in these areas. These lands are watersheds and may also provide such important resources as minerals, forests, animal habitat, rare or locally unique plant and animal communities, historic and archeological sites, scenic beauty, grazing lands, and recreational areas. Additionally, lands zoned Hillside define the setting or viewshed for the urban area of the County.

Development shall be limited to avoid the need for public services and facilities. Permitted uses include agriculture and grazing, very low-density residential use, low density, low-intensity recreation, mineral and other resource extraction, and land in its natural state. Low-intensity commercial, industrial, and institutional uses may also be allowed if they require a remote, rural setting in order to primarily serve the rural residents or community, or if they support the recreational or productive use, study, appreciation, or enhancement of the natural environment. Clustering of development, particularly residential, is encouraged in order to preserve contiguous open space and achieve efficiency in the provision of access to dwellings. This district is meant to apply to all parcels designated Hillside in the general plan. Note that § 2.20.070 applies to this district.

D.

RR Rural Residential. The purpose of the Rural Residential district, also known as the RR district, is to permit rural residential development in certain limited unincorporated areas of the County designated by the general plan. Residential, agricultural and open space uses are the primary uses intended within the district. Agriculture-related uses that are not permitted by right may also be permitted through the applicable discretionary review process if deemed compatible with residential uses. Commercial, industrial and institutional uses may be established only where they are sized to be local-serving in nature. This district is meant to apply to all parcels designated Rural Residential in the general plan. Note that § 2.20.080 applies to this district.

(Ord. No. NS-1200.323, § 2, 1-29-08; Ord. No. NS-1200.351, § 1, 10-20-15)

The following tables, Tables 2.20-1 and 2.20-2, specify the allowable land uses for the rural base districts, listed by use classification as defined in Chapter 2.10. The regulations for each district are established by letter designations as follows:

Supplemental regulations for the establishment and conduct of a use are referenced in the "Supplemental Regulations" column of the tables. Use classifications not listed in the tables are prohibited in the rural base districts.

TABLE 2.20-1. RESIDENTIAL USES IN RURAL BASE DISTRICTS

NOTES:

1.

Single-family dwellings, including certain additions, may be subject to the building site approval provisions of § C12-300 et seq. of the Ordinance Code.

2.

Agricultural employee housing may, on a limited basis, be used to accommodate overnight tourist stays as part of a winery (see § 4.10.395 for criteria and permitting requirements) or be used for emergency shelter in the Public Services and Supportive Housing Combining District (see § 3.80.050 for criteria and permitting requirements).

3.

On lots ten acres or larger in AR districts, a second one-family dwelling for agricultural employee housing is allowed by right. Such agricultural employee housing unit shall not be subject to the supplemental use regulations of § 4.10.040.

4.

Facilities qualifying as "Large-Family Day-Care Homes," serving between seven and 14 children, are subject to an administrative permit, per the provisions of Division B24 of the Ordinance Code.

5.

Not a permitted use in areas with the "Agriculture-Large Scale" land use plan designation of the general plan.

6.

Not to exceed two dogs and five cats over four months of age on parcels less than five acres, or three dogs and five cats over four months of age on parcels five acres or more, unless the required permit is secured pursuant to Division B31 of the Ordinance Code.

7.

Expanded home occupations permitted on lots one-acre or larger. For additional applicable criteria, see § 4.10.180.

8.

In rural districts, the floor area of Residential-Communal Institutional uses shall be limited to 10,000 square feet or less.

9.

Owner-occupancy of one unit is required in any single-family residence that contains a junior accessory dwelling unit. The owner may reside in either the single-family residence or the junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

10.

There shall be a cumulative cap of 100 new dwelling units or 120,000 square feet, whichever occurs first, of small-scale permanent agricultural employee housing developed after May 1, 2020, in the Exclusive Agriculture and Rural Residential Zoning Districts combined.

11.

Building site approval per Ordinance Code § C12-300 et seq. is not required for small-scale permanent agricultural employee housing or a temporary agricultural residence. Compliance with all other applicable federal, state, and County laws, regulations, and ordinances is required.

12.

There shall be a cumulative cap of 50 temporary agricultural residences installed after May 1, 2020, in all zoning districts combined. When one such unit has been removed from a property, it shall no longer count toward the cumulative cap.

13.

No more than four total dwelling units may be permitted on a parcel pursuant to the Urban Primary Unit use classification; however, all parcels resulting from an urban lot split pursuant to Section C12-44, shall have no more than two total dwelling units per parcel.

14.

Development on parcels with the -os designator is restricted to multi-family housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is allowable by use permit or planning clearance pursuant to § 3.75.040.

TABLE 2.20-2. NON-RESIDENTIAL USES IN RURAL BASE DISTRICTS

NOTES:

1.

Livestock breeding, raising and keeping is limited in HS districts as follows: Not more than three large animals or six medium animals per acre as a matter of right, or a proportional combination totaling three animal units where each large animal constitutes one animal unit, and each medium animal constitutes 0.5 animal unit. Special permit required for numbers of large and medium animals exceeding these limits. There are no specified numerical limits for small animals.

2.

Landing strip, including approach and departure zones, shall be located a safe distance from residential development to prevent significant hazard.

3.

Bed and breakfast inns ancillary to on-site wineries, agricultural sales operations or other agriculturally related uses shall be subject to a special permit, in lieu of a use permit, provided they are situated within the primary residence on the property. Bed and breakfast inns are prohibited within the Los Gatos Hillside Specific Plan area, except as provided under the classification Historic Structures-Use Conversion.

4.

Not a permitted use in areas with the "Agriculture-Large Scale" land use plan designation of the general plan.

5.

Wireless telecommunications facilities ar exempt from the development standards listed in Table 2.20-3.

6.

Facilities qualifying as "Large-Family Day-Care Homes," serving between seven and 14 children, are subject to an administrative permit, per the provisions of Division B24 of the County Ordinance Code.

7.

The minimum lot size for hunting preserves shall be 160 acres.

8.

Museums in rural districts shall be limited in scale and must relate to the locally significant cultural, historical or social themes of the rural area.

9.

The size of buildings for on-site sales and ancillary office associated with nurseries shall be kept to a minimum.

10.

Offices ancillary to a permitted agricultural activity in A districts that contain no more than 2,400 square feet of floor area are allowed as a matter of right. Offices larger than 2,400 square feet are subject to a use permit.

11.

Concrete, asphalt and soil recycling within rural districts is a permitted use only in association with an existing quarry operation in any rural base zoning district.

12.

Restaurants and bars in rural districts shall be limited in scale, with a maximum publically accessible floor area of 1,200 square feet (measured from outer surfaces of enclosing walls, includes bathrooms).

13.

Not a permitted use in areas with the -d1 (Santa Clara Valley Viewshed) or -d2 (Milpitas Hillsides) Design Review combining zoning districts.

14.

Timber harvest of commercial tree species as defined by the County Tree Preservation and Removal Ordinance, Division C16 of the County Ordinance Code, including, but not limited to, Redwood and Douglas Fir, may be subject to the regulatory and permitting authority of the California Department of Forestry and Fire Protection (CDF). No County permit shall be required if CDF has approved a Timber Harvest Plan or Non-Industrial Timber Management Plan for the activity.

15.

Truck storage uses in rural districts shall be limited to agriculture-related tractors, trucks, trailers, and similar equipment.

16.

Utility structures and facilities may be exempt from local zoning regulations if they are established by a government agency. There may also be federal or state laws that provide exemptions for certain types of utilities.

17.

The minimum lot size for veterinary clinics and hospitals shall be two and one-half acres.

18.

Wireless telecommunications facilities ar exempt from the development standards listed in Table 2.20-3.

19.

Established Religious Institutions and Nonprofit Institutions may include Emergency Shelters: Small-Scale as an ancillary use by right.

20.

Emergency Shelters are a permitted use only within the -sm San Martin Use Permit Areas Combining District, as depicted in Chapter 3.90 of the Zoning Ordinance.

21.

Industrial Hemp uses may be established, consistent with the Supplemental Use Regulations in Section 4.10.195, the later date of (1) 30 days from final adoption by the Board of Supervisors of Ordinance No. NS-1200.373 or (2) effective date of the state plan for California approved by the United States Department of Agriculture pursuant to Section 297B of the Federal Agricultural Market Act of 1946 (added by Section 10113 of the federal Agricultural Improvement Act of 2018 (Public Law 115-334)). Industrial Hemp: Cultivation and/or Industrial Hemp: Agricultural Processing (small scale) activities undertaken on multiple parcels by one operator may be authorized with a single application for Planning Clearance.

(Ord. No. NS-1200.310, § 2, 5-20-03; Ord. No. NS-1200.317, § 2, 6-8-04; Ord. No. NS-1200.318, § 3, 3-28-06; Ord. No. NS-1200.324, § 4, 5-5-09; Ord. No. NS-1200.327, § 6, 2-9-10; Ord. No. NS-1200.331, § 2, 11-9-10; Ord. No. NS-1200.332, § 1, 11-22-11; Ord. No. NS-1200.335, § 3, 12-4-12; Ord. No. NS-1200.337, § 4, 12-18-12; Ord. No. NS-1200.345, § 4, 6-10-14; Ord. No. NS-1200.354, § 2, 9-29-15; Ord. No. NS-1200.360, § 2, 5-23-17; Ord. No. NS-1200.362, § 2, 12-5-17; Ord. No. NS-1200.366, § 2, 5-1-18; Ord. No. NS-1200.371, § 3, 3-10-20; Ord. No. NS-1200.373, § 2, 8-25-20; Ord. No. NS-1200.375(10.20.2020), § 3, 10-20-20; Ord. No. NS-1200.378, § 3, 5-25-21; Ord. No. NS-1200.383, § 2, 1-24-23; Ord. No. NS-1200.384, § 2, 12-12-23)

A.

Standards. Table 2.20-3 establishes property development standards for the rural base districts. A "—" indicates there is no applicable standard or requirement.

TABLE 2.20-3. RURAL BASE DISTRICTS: PROPERTY DEVELOPMENT STANDARDS

¹ Development on parcels with the -os designator is restricted to multifamily housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is exempt from the development standards in this table.

B.

Measurement. The standards shown in Table 2.20-3 are subject to the following rules of measurement:

1.

Where a lot abuts a road, setbacks from that road shall be measured from the edge of ultimate right-of-way (see "setback" definition in Section 1.30.030);

2.

Setbacks from all property lines not abutting a street shall be measured from the property line unless otherwise specified; and

3.

Height shall be measured according to the provisions of Chapter 1.30: Definitions: General Terms.

4.

Precision of numbers for the purposes of measurement and calculation shall be as stipulated in Section 1.20.030: Precision of Numbers/Rounding.

(Ord. No. NS-1200.317, § 21, 6-8-04; Ord. No. NS-1200.384, § 1, 12-12-23)

Table 2.20-4 describes the required land area per dwelling unit (density), as well as the minimum lot sizes, for the AR, HS and RR districts with application of slope-density requirements. Additional regulations for the AR, HS, and RR districts are described in Sections 2.20.060, 2.20.070, and 2.20.080, respectively.

TABLE 2.20-4. SLOPE DENSITY PROVISIONS IN RURAL BASE DISTRICTS

NOTES:

1.

The variable "S" represents the average slope of the entire property that is the subject of the application. Average slope is determined according to the formula S = (0.00229 × IL)/A, where:

I is the contour interval in feet;

L is the combined length of contour lines in scale feet;

A is the gross area in acres of the subject lot or area of land; and,

S is the average slope expressed as a percentage.

Where the average slope is less than ten percent, the land area per dwelling shall be no less than five acres in RR, and no less than 20 acres in AR and HS. Where the average slope exceeds 50 percent, the land area per dwelling shall be 20 acres in RR, and 160 acres in AR and HS.

The maximum number of lots or dwelling units allowed is determined by dividing the gross land area of the subject property by the minimum land area per dwelling unit and rounding down to the nearest whole number.

2.

See Section 2.20.060, 2.20.070, and 2.20.080 for additional standards for AR, HS, and RR districts. For specific provisions pertaining to cluster permit and procedures, see Chapter 5.45, Cluster Permits.

A.

New uses. Any newly proposed use in an A district must be found to be in compliance with all of the following general criteria.

1.

The use must be compatible with and not substantially interfere with the continuation of any on- or off-site agricultural operation.

2.

The use should not be of a sensitive nature that would itself be negatively impacted by any existing or future on-site or off-site agricultural use.

3.

The use will not require public urban services or infrastructure, or establishment of special districts or similar entities.

4.

The use should be consistent with the rural image of the agricultural area.

5.

Any new non-agricultural use should be sited to avoid taking the most viable agricultural lands out of active agricultural production.

6.

Any new use should not significantly inhibit the future development of adjacent parcels consistent with General Plan land use designations of nearby cities.

7.

The use must clearly enhance the long-term viability of local agriculture and agricultural lands.

B.

Permitted as of right. Uses permitted as a matter of right have been found to comply with the criteria in Subsection A.

A.

Limitations on lots created from contiguous property under common ownership. No subdivision of land into parcels smaller than 160 acres shall be approved which would result in the creation of more than four new lots from one or more original lots under common ownership during any three-year period. At the time of subdivision application, the entire area of contiguous land in which the applicant has any ownership interest shall be included as part of the application even though the proposed land division might affect only a portion of the holding.

B.

Limitation on new lot creation by geographic area. The AR district includes two geographic areas for the purpose of regulating the number of new lots created in a single calendar year and in three consecutive years. Area A lies to the north of East Dunne Avenue and Coe State Park. Area B includes the remainder of the district, including all lands in the AR district located west of Highway 101. Such areas are shown on the map located in the Planning Office titled "AR Zoning District Sub-Areas A & B."

The total number of new lots that may be created in the AR district over the time periods indicated shall be limited as specified in Table 2.20-5. All lots created in the AR district through subdivision, including those for which building site approval is not obtained, shall count toward the annual subdivision limits set forth below.

TABLE 2.20-5. MAXIMUM NUMBER OF NEW LOTS ALLOWED IN AR DISTRICTS*

*By subdivision, over the time period specified.

C.

Lot size reduction. A subdivision may include a lot or lots as small as 20 acres in size even if the applicable slope density formula (see Section 2.20.040, Slope-Density Requirements) indicates a larger minimum land area per dwelling. The following restrictions apply to such subdivisions:

1.

The total number of lots in such a subdivision may not exceed the number of lots that would be permitted through application of the slope density formula.

2.

When a subdivision yields a lot (or lots) smaller than the lot size calculated by the slope-density formula, no other lot may be created as part of that subdivision that is of such size and average slope that it could be further subdivided. Such a subdivision must include individual slope-density calculations for all proposed lots larger than 40 acres.

D.

Road standards. Ranch roads serving the internal needs of ranches may be of gravel or hard dirt surface, and of widths suitable for ranch uses. Such roads shall not be considered as acceptable for the purpose of subdivision unless they meet applicable County standards for the AR zoning district. Routine maintenance of ranch roads shall not require grading permits so long as the alignment of the road is not substantially changed, pursuant to Section C12-421, Exemptions, of the County Grading Ordinance.

(Ord. No. NS-1200.317, § 3, 6-8-04)

A.

Setbacks-Substandard Named Subdivisions. Setbacks may be reduced on lots less than one acre in identified substandard subdivisions as specified in Table 2.20-6 below. The substandard subdivisions to which this provision applies are Aldercroft Heights, Chemeketa Park, Call of the Wild, Lake Canyon, Mountain Spring, Oakmont and Redwood Estates.

TABLE 2.20-6. SETBACKS ON LOTS OF ONE ACRE OR LESS IN SUBSTANDARD SUBDIVISIONS

B.

Special HS Subdivision Regulations. A cluster permit is required for subdivision of land into lots of less than 160 acres within the HS zoning district, except as specified for a two-lot subdivision below. The following provisions apply only to the subdivision of land in the HS district. Provisions for application of the 20- [to] 160-acre slope density formula are provided in Section 2.20.040, Slope Density Requirements.

1.

For any two-lot subdivision of a parcel legally created prior to November 22, 1983, the minimum parcel size shall be determined through the use of the 20- [to] 160-acre slope density formula. Minimum lot size shall be the same as the land area per dwelling unit figure determined by the slope density formula. No clustering of development or permanent dedication of open space shall be required. However, any subsequent land division of either of the two lots so created shall be required to meet the cluster permit and open space dedication requirements applicable to land division in the HS district set forth below.

2.

A cluster permit is required for the division of land into lots of less than 160 acres, except as specified above (subsection 2.20.070(B)(1)). A cluster arrangement of residential home sites shall achieve economy of land use and efficiency of access, while avoiding or minimizing impact to the natural environment to the extent feasible. Defined development areas shall include no more than 10% of the total land area subject to the land division, with at least 90% of the remaining land area preserved in permanent open space by means of dedication of development rights which prevents future subdivision of such lands. Cluster development proposals may be arranged in more than one cluster provided that the multiple cluster arrangement achieves economy of land use and efficiency of access intended by this ordinance and the applicable provisions of the Hillside general plan land use designation.

3.

The land area per dwelling unit shall be determined by the use of the 20- [to] 160-acre slope density formula. The permissible density or number of dwellings may be limited through subdivision approval to less than the maximum number of dwellings indicated by the slope-density equation if deemed necessary to ensure the public health, safety, and general welfare or to achieve consistency with any applicable goal or policy of the general plan.

4.

The minimum parcel size for any lot created as part of a cluster is no less than two (2) acres. Land area to achieve the minimum requirement of 90% permanent open space may be arranged as portions of parcels or as a single parcel, provided that the maximum density of development permitted by the slope-density formula is not exceeded and the land devoted to open space is configured as large, contiguous, usable areas.

5.

Land uses permitted on lands dedicated as permanent private open space are limited to the following uses:

a)

Agriculture.

b)

Agricultural accessory structures, including windmills (not residential accessory structures).

c)

Wood cutting and commercial timber harvest.

d)

Outdoor recreation, non-commercial, including riding stables, corrals, trails, and other similar uses intended for residents of homes within the cluster subdivision.

e)

Utilities, wells, and water storage and distribution facilities.

(Ord. No. NS-1200.317, § 4, 6-8-04; Ord. No. NS-1200.339, § 1, 11-5-13)

A.

Special subdivision regulations. A cluster permit is required for subdivision of land in RR districts into lots less than the land area per dwelling unit as determined by the applicable five- to 20-acre slope density formula, or to divide land into lots less than the minimum lot size specified by the applicable lot size combining district, such as the "-5 Ac." combining district. The following provisions apply only to the subdivision of land in the RR district. Provisions for application of the five- to 20-acre slope density formula are provided in Section 2.20.040, Slope density requirements.

1.

Absolute minimum lot size for any parcel created by a RR cluster subdivision shall be one acre. Minimum lot size requirements may be greater than one acre if necessary to ensure compliance with applicable development standards, such as for septic systems, wells, access, and related site improvements.

2.

Permanent dedication of development rights and open space preservation shall be required for lands involved in any RR cluster subdivision to ensure that no further subdivision is possible which would exceed the maximum density of land allowed by the General Plan through subdivision.

3.

Land uses permitted on lands dedicated as permanent private open space as part of a cluster subdivision are limited to the following:

a)

Agriculture.

b)

Agricultural accessory structures, including windmills (not residential accessory structures).

c)

Wood cutting and commercial timber harvest.

d)

Outdoor recreation, non-commercial, including riding stables, corrals, trails, and other similar uses intended for residents of homes within the cluster subdivision.

e)

Utilities, wells, and water storage and distribution facilities.

Local-serving uses are of a size, scale and intensity intended to provide goods and services to the resident rural population. For the purposes of this section, the term "local-serving uses" refers to certain institutional and commercial uses that may be allowed in rural districts if their size, scale and intensity is typical of local-serving uses in a rural community. Local-serving uses are not exclusive to the resident rural population and may be used by residents not local to the area.

A.

The size, scale and intensity of the use shall be evaluated in accordance with the Local Serving Data document, on file with the Department of Planning and Development and as updated from time-to-time by the Department. Uses deemed to be an appropriate size, scale and intensity by the approval authority because the building square footage and maximum number of people are each less than the applicable 75 percentile values in Table 1.1 (Local Serving Data document on file with the County Planning and Development Department) may be authorized in rural districts in accordance with any other requirements, findings, and criteria otherwise required by the zoning ordinance.

B.

For a proposed use whose building square footage or maximum number of people is more than the applicable 75th percentile value listed in Table 1.1 of the Local Serving Data document, the applicant shall prepare a report that establishes a baseline for a proposed use designed at the 75th percentile and evaluating the comparison of size, scale, and intensity impacts to rural resources and character at the 75th percentile with size, scale and intensity impacts to rural resources and character as proposed. The size, scale and intensity impacts to be evaluated at the 75th percentile and as proposed shall evaluate the following criteria:

1.

Aesthetics. The scale and massing of the building(s) and improvements shall be compatible with the existing rural setting, taking into consideration the surrounding open space, scenic resources, ridgelines, agricultural uses, and rural residences.

2.

Open Space and Habitat. The use shall be sized and designed to minimize disturbance of natural landscapes and biological communities.

3.

Agricultural Production. The use shall retain agricultural productivity and minimize conflicts with surrounding agricultural lands. Any loss of agricultural productivity shall be quantified and minimized to the extent feasible.

4.

Watersheds. The use shall not create a hazard to water quality or create significant drainage, flooding, erosion or sediment impacts. Increases in impervious surface area, drainage volumes and erosion levels shall be quantified and minimized to the extent feasible.

5.

Traffic. The use shall not generate significant additional traffic that creates a safety hazard or impairs local rural roads. New traffic associated with the use should not increase traffic levels significantly above existing conditions.

6.

Noise. The use shall not significantly increase noise over existing ambient levels.

C.

Uses where the building square footage or maximum number of people are more than the applicable 75th percentile values listed in Table 1.1 of the Local Serving Data document, may be authorized in rural districts following review of the report identified in § 2.20.090(B) and in accordance with any other requirements, findings, and criteria otherwise required by the zoning ordinance, and upon making the following finding:

1.

The project is designed, to the maximum extent feasible, such that the use does not result in size, scale and intensity impacts to the criteria identified in subsection 2.20.090(B) greater than what might result from a use which is equal to the 75th percentile baseline value. As used in this section, the maximum extent feasible means making all changes that are possible taking into account the physical limitations of the site, considerations of project, engineering design, and financial cost.

(Ord. No. NS-1200.351, § 3, 10-20-15)

The purpose of this chapter is to define allowable land uses and property development standards for the urban residential base districts, which include the R1 "One-Family Residence," R1E "One-Family Residence—Estate," RHS "Urban Hillside Residential," R1S "Low-Density Campus Residential," R3S "Medium-Density Campus Residential," R2 "Two-Family Residence," and R3 "Multi-Family Residential" districts. The overall purposes of the urban residential base districts are to provide for appropriate uses in the unincorporated areas of the County that are within the urban service areas of cities and to regulate the type and intensity of development in these areas in a manner consistent with the general plan of the applicable city. The further specific purposes of each of the urban residential base districts are described below.

A.

R1 One Family Residence. The purpose of the One-Family Residence district, also known as the R1 district, is to provide for single-family dwellings, and for the orderly and efficient arrangement of dwellings, yards, accessory buildings, and other residential site improvements.

B.

R1E One Family Residence—Estate. The purpose of the One-Family Residence—Estate district, also known as the R1E district, is to provide for low-density single-family dwellings, and for the orderly and efficient arrangement of dwellings, yards, accessory buildings, and other residential site improvements.

C.

RHS Urban Hillside Residential. The purpose of the Urban Hillside Residential district, also known as the RHS district, is to provide for low-density residential development and limited agricultural uses on foothill lands adjacent to incorporated cities. RHS districts include areas that are particularly vulnerable to natural hazards and environmental degradation. Development density shall be determined by slope-density formulas that consider availability of public water and sewer, and by the severity of geologic and natural hazards. Note that Section 2.30.040 applies to this district.

D.

R1S Low-Density Campus Residential. The purpose of the Low-Density Campus Residential district, also known as the R1S district, is to provide for urban low-density housing (up to eight units per acre) on the lands of Stanford University, and to provide for limited neighborhood-supporting nonresidential uses. This designation implements the specific land use policies for low-density housing prescribed by the 2000 Stanford Community Plan by encouraging more compact and efficient urban development.

E.

R3S Medium-Density Campus Residential. The purpose of the Medium-Density Campus Residential district, also known as the R3S district, is to provide for urban medium-density housing on the lands of Stanford University, and to provide for limited neighborhood-supporting nonresidential uses. This designation implements the specific land use policies for the medium-density housing prescribed by the 2000 Stanford Community Plan.

F.

R2 Two-Family Residence. The purpose of the Two-Family Residence district, also known as the R2 district, is to provide for one- and two-family dwelling units, and for the orderly and efficient arrangement of dwellings, yards, accessory buildings, and other residential site improvements.

G.

R3 Multi-Family Residential. The purpose of the Multi-Family Residential district, also known as the R3 district, is to provide space for multiple family residential development commonly found in an urban environment. The R3 district is intended for intensive residential uses at readily accessible urban locations.

The following tables, Tables 2.30-1 and 2.30-2, specify the allowable land uses for the urban residential base districts, listed by use classification as defined in Chapter 2.10. The regulations for each district are established by letter designations as follows:

Supplemental regulations for the establishment and conduct of a use are referenced in the "Supplemental Regulations" column of the tables. Use classifications not listed in the table are prohibited in the urban residential base districts.

TABLE 2.30-1. RESIDENTIAL USES IN URBAN RESIDENTIAL BASE DISTRICTS

NOTES:

1.

Single-family dwellings, including certain additions, and duplexes, may be subject to the building site approval provisions of Section C12-300 et seq. of the County Ordinance Code.

2.

In R1S districts, ASA is required for new single-family residences on lots smaller than 10,890 square feet (0.25 acre), excluding housing development pursuant to Section 65852.21 of the California Government Code. ASA is not required for additions or remodels of existing dwellings.

3.

In R3S districts, accessory structures not meeting the criteria of § 4.20.020 may be allowed subject to ASA.

4.

Facilities qualifying as "Large Family Day Care Homes," serving between seven and 14 children, are subject to an administrative permit, per the provisions of Division B24 of the County Ordinance Code.

5.

Not to exceed two dogs and five cats over four months of age on parcels less than five acres, or three dogs and five cats over four months of age on parcels five acres or more, unless the required permit is secured pursuant to Division B31 of the County Ordinance Code.

6.

Small animals—Limited. Not to exceed a total of 12 of any of the following small animals: rabbits, guinea pigs, chicken and fowl, and similar species as approved by the Zoning Administrator. Roosters, peafowl, guinea fowl, geese or quacking ducks are not allowed.

7.

Horses. Minimum lot size for the keeping of horses in urban residential districts is one-half acre. Not to exceed two horses per acre.

8.

Expanded home occupations are permitted on lots of one acre or larger. See § 4.10.180 for other criteria.

9.

Owner-occupancy of one unit is required in any single-family residence that contains a junior accessory dwelling unit. The owner may reside in either the single-family residence or the junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

10.

No more than four total dwelling units may be permitted on a parcel pursuant to the Urban Primary Unit use classification; however, all parcels resulting from an urban lot split pursuant to Section C12-44 shall have no more than two total dwelling units per parcel.

11.

Development on parcels with the -os designator is restricted to multi-family housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is allowable by ASA or planning clearance pursuant to § 3.75.040.

TABLE 2.30-2. NON-RESIDENTIAL USE CLASSIFICATIONS IN URBAN

RESIDENTIAL BASE DISTRICTS

NOTES:

1.

On lots two and one-half acres or larger in RHS districts, all agricultural uses permitted in HS districts as a matter of right (see Table 2.20-2) shall be allowed.

2.

Commercial and service uses permitted in R1S, R3S and R3 districts shall be limited in scale and in their service market to primarily serve the residents of the subject residential development. For residential support uses in R1S and R3S districts applicable to Stanford University lands, a business plan is required demonstrating that a preponderance of customers will be Stanford residents or employees.

3.

Facilities qualifying as "Large-Family Day-Care Homes," serving between seven and 14 children, are subject to an administrative permit, per the provisions of Division B24 of the County Ordinance Code.

4.

Utility structures and facilities may be exempt from local zoning regulations if they are established by a government agency. There may also be federal or state laws that provide exemptions for certain types of utilities.

5.

Wireless telecommunications facilities are exempt from the development standards listed in Table 2.30-3.

6.

Established Religious Institutions and Nonprofit Institutions may include Emergency Shelters: Small-Scale as an ancillary use by right.

7.

In R3 zoning districts, any use that involves the sale or onsite consumption of alcoholic beverages shall be subject to a use permit.

(Ord. No. NS-1200.310, § 3, 5-20-03; Ord. No. NS-1200.317, § 5, 6-8-04; Ord. No. NS-1200.318, § 4, 3-28-06; Ord. No. NS-1200.324, § 5, 5-5-09; Ord. No. NS-1200.327, § 7, 2-9-10; Ord. No. NS-1200.335, § 4, 12-4-12; Ord. No. NS-1200.337, § 5, 12-18-12; Ord. No. NS-1200.345, § 5, 6-10-14; Ord. No. NS-1200.348, § 1, 10-21-14; Ord. No. NS-1200.352, § 2, 9-29-15; Ord. No. NS-1200.354, § 3, 9-29-15; Ord. No. NS-1200.360, § 3, 5-23-17; Ord. No. NS-1200.366, § 3, 5-1-18; Ord. No. NS-1200.371, § 4, 3-10-20; Ord. No. NS-1200.382, § 1, 5-24-22; Ord. No. NS-1200.383, § 3, 1-24-23; Ord. No. NS-1200.384, § 4, 12-12-23)

A.

Standards. Table 2.30-3 establishes property development standards for the urban residential base districts. A "-" indicates there is no applicable standard or requirement.

TABLE 2.30-3. URBAN RESIDENTIAL BASE DISTRICTS:
PROPERTY DEVELOPMENT STANDARDS

NOTES:

1.

Development density for all housing types in R1S districts shall not exceed eight units per net acre. For the purposes of this provision, net acreage shall exclude street rights-of-way, but shall include driveways and other common access ways.

2.

Development density for all housing types in R3S districts shall be no less than eight units per net acre and no more than 15 units per net acre. For the purposes of this provision, net acreage shall exclude street rights-of-way, but shall include driveways and other common access ways.

3.

Development density in R3 districts shall conform to the density allowed by the applicable city general plan.

4.

In R3S districts, setbacks and maximum height for applications subject to Architecture and Site Approval (ASA) may be modified by the Zoning Administrator with proper justification to (a) promote quality design and functionality, (b) to assure adequate buffering and compatibility with adjacent land use and development, and (c) for consistency with the general purposes of ASA.

5.

In R1S districts, side and rear setbacks for single-family and two-family dwellings shall be as indicated in the table. For multi-family development subject to Architecture and Site Approval (ASA), side and rear setbacks may be modified by the Zoning Administrator with proper justification to (a) promote quality design and functionality, (b) to assure adequate buffering and compatibility with adjacent land use and development, and (c) for consistency with the general purposes of ASA.

6.

For permitted non-residential uses, setbacks and height limits for applications subject to Architecture and Site Approval (ASA) may be modified by the Zoning Administrator with proper justification to (a) promote quality design and functionality, (b) to assure adequate buffering and compatibility with adjacent land use and development, and (c) for consistency with the general purposes of ASA.

7.

Setback requirements of applicable lot-size combining districts (§ 3.10.030) shall supersede the setbacks provided for base districts.

8.

Development on parcels with the -os designator is restricted to multi-family housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is exempt from the development standards in this table.

B.

Flag lots: Height restriction. On any flag lot of less than 20,000 square feet, the maximum height of dwellings shall be 21 feet and shall not include more than one story.

C.

Measurement. Standards shown in Table 2.30-3 are subject to the following rules of measurement:

1.

Where a lot abuts a road, setbacks from that road shall be measured from the edge of the ultimate right-of-way (see "setback" definition in § 1.30.030);

2.

Setbacks from all property lines not abutting a street shall be measured from the property line unless otherwise specified; and

3.

Height shall be measured according to the provisions of Chapter 1.30: Definitions: General Terms.

4.

Development density in R1S, R3S and R3 districts shall be calculated over the project area, which, excepting existing or new street rights-of-way, includes the entire area of any lot or assemblage of contiguous lots upon which development or redevelopment is proposed, and for which one development application is submitted.

Any portions of the project area designated as open space by the applicable subdivision or ASA conditions shall be enforceably restricted to prevent increased density of development beyond that allowed by the zoning ordinance.

5.

Precision of numbers for the purposes of measurement and calculation shall be as stipulated in § 1.20.030: Precision of Numbers/Rounding.

(Ord. No. NS-1200.317, § 6, 6-8-04; Ord. No. NS-1200.332, § 2, 11-22-11; Ord. No. NS-1200.359, § 2, 12-6-16; Ord. No. NS-1200.384, § 5, 12-12-23)

Table 2.30-4 describes the required minimum land area per dwelling unit, or density of development allowed, as well as the minimum parcel sizes, for the RHS district, based on the availability of public water and sewer. Density of development may be further restricted based upon site-specific characteristics of proposed lots and building sites, including slope, geologic stability, drainage, and other factors.

TABLE 2.30-4. LOT SIZE/SLOPE-DENSITY FORMULAS IN RHS

NOTES:

1.

The variable "S" represents the average slope of the entire property that is the subject of the application. Average slope is determined according to the formula S = (0.00229 × IL)/A, where

I is the contour interval in feet;
L is the combined length of contour lines in scale feet;
A is the gross area in acres of the subject lot or area of land; and,
S is the average slope expressed as a percentage.

The maximum number of lots or dwelling units allowed is determined by dividing the gross land area by the minimum land area per dwelling unit and rounding down to the nearest whole number.

2.

Where the average slope of the parcel is less than ten percent, the land area per dwelling unit shall be equal to the lesser value in the lot area range. Where the average slope of the parcel is greater than 50 percent, the land area per dwelling unit shall be equal to the upper value of the lot area range.

3.

Minimum parcel size requirements are expressed in gross acres and may be waived through the approval of a cluster permit issued in conformance with applicable General Plan policies and the cluster permit procedures of Chapter 5.45 of this ordinance.

4.

Permanent dedication of open space and development rights shall be provided as necessary and appropriate to ensure that the maximum density of development (total number of lots) does not exceed that which is permitted by the applicable slope-density formula.

The purpose of this chapter is to define allowable land uses and property development standards for the commercial and industrial zoning districts, which include the CN "Neighborhood Commercial," CG "General Commercial," OA "Administrative-Professional Office," ML "Light Industrial," and MH "Heavy Industrial" districts. The overall purposes of the commercial and industrial base districts are to provide for appropriate uses in the unincorporated areas of the county that are within the urban service areas and are predominantly in nonresidential use, and to regulate the type and intensity of development in these areas in a manner consistent with the general plan of the applicable city. The further specific purposes of each of the commercial and industrial base districts are described below.

A.

CN Neighborhood Commercial. The purpose of the Neighborhood Commercial district, also known as the CN district, is to accommodate, at convenient locations, those limited commercial uses which are necessary to meet basic shopping and service needs of persons residing in surrounding areas. The CN district is intended to be applied within urban service areas to commercial areas designated in a corresponding manner by the applicable city general plan. Multi-family housing and mixed-use residential developments are also allowed.

B.

CG General Commercial. The purpose of the General Commercial district, also known as the CG district, is to provide, at readily accessible locations, a wide variety of retail, service, and administrative establishments that are required to serve a large trading area population. The CG district is intended to be applied within urban service areas to commercial areas designated in a corresponding manner by the applicable city general plan. Multi-family housing and mixed-use residential developments are also allowed.

C.

OA Administrative/Professional Office. The purpose of the Administrative/ Professional Office district, also known as the OA district, is to provide opportunities for office space. It is intended that the administrative-professional office uses established in this district shall be designed and landscaped for compatibility with adjacent uses. The OA district is intended to be applied within urban service areas to areas designated in a corresponding manner by the applicable city general plan. Multi-family housing and mixed-use residential developments are also allowed.

D.

ML Light Industrial. The purpose of the Light Industrial district, also known as the ML district, is to provide for certain "heavy" commercial and "light" industrial uses which are generally incompatible with commercial areas but which perform important storage, manufacturing, or servicing functions. The uses permitted in this district are often associated with impacts such as noise and large volumes of truck traffic. The lands in this district should be located near commercial areas, near arterial traffic routes, along railroad lines, and where specialized services for the residents of the county should be grouped. Note that § 2.40.040 applies to this district.

E.

MH Heavy Industrial. The purpose of the Heavy Industrial district, also known as the MH district, is to provide for essential heavy industrial and commercial uses that are likely to impact the surrounding area. This district should be located so as to minimize adverse effects on adjoining areas. Note that § 2.40.040 applies to this district.

(Ord. No. NS-1200.384, § 6, 12-12-23)

The following table, Table 2.40-1, specifies the allowable land uses for the commercial and industrial base districts, listed by use classification as defined in Chapter 2.10. The regulations for each district are established by letter designations as follows:

Supplemental regulations for the establishment and conduct of a use are referenced in the "Supplemental Regulations" column of the table. Use classifications not listed in the table are prohibited in the commercial and industrial base districts.

TABLE 2.40-1. USES IN COMMERCIAL AND INDUSTRIAL BASE DISTRICTS

NOTES:

1.

In CG districts, limited auto rental establishments, including a business office and not more than ten cars (stock) on site at any time, are not subject to a use permit, only ASA.

2.

Facilities qualifying as "Large-Family Day Care Homes," serving between seven and 14 children, are subject to an administrative permit, per the provisions of Division B24 of the County Ordinance Code.

3.

Massage establishments shall comply with the provisions of Division B22 of the County Ordinance Code.

4.

[Reserved].

5.

Commercial/residential mixed uses are permitted in CN and CG districts subject to use permit and ASA.

6.

Expansion or replacement of legal-nonconforming residence in ML and MH districts subject to use permit, per § 4.50.060.

7.

Utility structures and facilities may be exempt from local zoning regulations if they are established by a government agency. There may also be federal or state laws that provide exemptions for certain types of utilities.

8.

Co-location of wireless telecommunication facilities may be eligible for an ASA administrative review and approval (§ 5.40.050), where consistent with the provisions of this ordinance. Where the proposed co-location meets the criteria in Government Code § 65850.6(b) relating to previously approved facilities permitted by a means of a discretionary permit issued on or after January 1 2007, and either a negative declaration, mitigated negative declaration, or environmental impact report was prepared and adopted, the co-location shall be reviewed for consistency with the approved plans, mitigation requirements, and conditions imposed on the existing facility, and if found consistent, will be subject only to a building permit or other applicable permits required by Title C of the County Ordinance Code.

9.

Established Religious Institutions and Nonprofit Institutions may include Emergency Shelters: Small-Scale as an ancillary use by right.

10.

Any use that involves the sale or onsite consumption of alcoholic beverages shall be subject to a use permit.

11.

Owner-occupancy of one unit is required in any single-family residence that contains a junior accessory dwelling unit. The owner may reside in either the single-family residence or the junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

12.

Development on parcels with the -os designator is restricted to multi-family housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is allowable by use permit or planning clearance pursuant to § 3.75.040.

(Ord. No. NS-1200.323, § 3, 1-29-08; Ord. No. NS-1200.324, § 6, 5-5-09; Ord. No. NS-1200.326, § 1, 8-11-09; Ord. No. NS-1200.327, § 8, 2-9-10; Ord. No. NS-1200.332, § 3, 11-22-11; Ord. No. NS-1200.335, § 5, 12-4-12; Ord. No. NS-1200.337, § 6, 12-18-12; Ord. No. 1200.345, § 6, 6-10-14; Ord. No. NS-1200.347, § 2, 8-5-14; NS-1200.352, § 3, 9-29-15; Ord. No. NS-1200.354, § 4, 9-29-15; Ord. No. NS-1200.366, § 4, 5-1-18; Ord. No. NS-1200.371, § 5, 3-10-20; Ord. No. NS-1200.384, § 7, 12-12-23)

A.

Standards. Table 2.40-2 establishes development standards for the commercial and industrial base districts. A "—" indicates there is no applicable standard or requirement.

B.

Setbacks. Setback standards in the commercial and industrial district apply only if a property is adjacent or along a street opposite from a residential district, unless a setback requirement is imposed through architecture and site approval.

TABLE 2.40-2. COMMERCIAL AND INDUSTRIAL BASE DISTRICTS

PROPERTY DEVELOPMENT STANDARDS

NOTES:

1.

Setbacks and height limits for applications subject to Architecture and Site Approval (ASA) may be modified by the Zoning Administrator with proper justification to (a) promote quality design and functionality, (b) to assure adequate buffering and compatibility with adjacent land use and development, and (c) for consistency with the general purposes of ASA.

2.

Development on parcels with the -os designator is restricted to multi-family housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is exempt from the development standards in this table.

C.

Rules of measurement. The standards shown in Table 2.40-2 are subject to the following rules of measurement:

1.

Where a lot abuts a road, setbacks from that road shall be measured from the edge of the ultimate road right-of-way; (see "setback" definition in § 1.30.030);

2.

Setbacks from all property lines not abutting a street shall be measured from the property line unless otherwise specified; and

3.

Height shall be measured according to the provisions of Chapter 1.30: Definitions: General Terms.

(Ord. No. NS-1200.317, § 22, 6-8-04; Ord. No. NS-1200.300, § 3, 12-6-16; Ord. No. NS-1200.384, § 8, 12-12-23)

A.

Landscaping. All required yards in the ML and MH districts shall be maintained as landscaped planting strips except for those areas used for access and parking.

B.

Outdoor storage. Outdoor storage is permitted in the ML and MH districts if the area used for storage is suitably screened from adjoining property by a wall, dense evergreen hedge of trees or other screen planting, or fence. No materials shall be stored in such manner as to project above the wall, planting or fence.

C.

Increased setback requirements adjacent to R districts. For any portion of a property in the ML or MH district adjacent to an R1, R2 or R3 district, or located along a street opposite from an R1, R2 or R3 district, building setback requirements may be increased where appropriate, as determined by the Zoning Administrator for development subject to Architecture and Site Approval (ASA).

D.

Location of off-street loading adjacent to R districts. Off-street loading areas shall not be located less than 50 feet from the boundary of any R1, R2 or R3 district in an ML district, or less than 200 feet from the boundary of any R1, R2 or R3 district adjacent to an MH district.

(Ord. No. NS-1200.359, § 4, 12-6-16)

The purpose of this chapter is to define allowable uses and property development standards for the special purpose base districts, which include the A1 "General Use," RS "Roadside Services," OS/F "Open Space and Field Research," and SCA "Special Conservation Areas" districts. The overall purposes of the special purpose base districts are to provide for uses that do not fit neatly into the rural, residential, commercial, or industrial category but are necessary to implement the general plan. The specific purposes of each of the special purpose base districts are described below.

A

A1 General Use. The purpose of the General Use district, also known as the A1 district, is to provide a flexible base zoning district that allows general residential and agricultural uses, and provides opportunities through the use permit process for other uses and developments that are appropriate for a particular location, consistent with the objectives, goals and policies of the general plan.

B.

RS Roadside Services. The purpose of the Roadside Services district, also known as the RS district, is to allow specific and necessary highway uses and services within clusters at appropriate locations necessary to serve the motoring public. Such uses shall be located a sufficient distance from other RS districts to prevent strip commercial development and protect the existing scenic features, landscape and open space character along certain scenic roads. Scenic amenities shall be enhanced by choice of construction materials, landscaping, site planning and development in such a manner that the scenic value at the location of the development and the scenic view from said highways shall not be compromised. This district is meant to apply to all parcels designated Roadside Services in the general plan.

C.

OS/F Open Space and Field Research. The purpose of the Open Space and Field Research district, also known as the OS/F district, is to implement the December 2000 Stanford University Community Plan (General Plan) policies for the Open Space and Field Research land use designation. This zoning district is established to maintain the open space character of those Stanford University OS/F lands outside the Academic Growth Boundary. Allowable uses include utilities, low intensity agriculture, limited agricultural research, field research, and Stanford field studies, limited outdoor recreational activities, recreational trails, environmental restoration, limited ancillary facilities, and Stanford University specialized facilities and installations, such as astronomical or related facilities. Criteria and standards governing activities not defined within the standard use classification tables are addressed in Section 2.50.040.

D.

SCA Special Conservation Areas. The purpose of the Special Conservation Areas district, also known as the SCA district, is to implement the December 2000 Stanford University Community Plan (General Plan) policies for the Special Conservation Areas land use designation. This zoning district is established to protect lands deemed unsuitable for development due to their natural resources and development constraints. Allowable uses are intended to be limited to open space, conservation, habitat preservation and management, field environmental studies and related activities, appropriate agricultural and utility uses, and limited recreational uses consistent with the environmental constraints of the area. No new permanent development in the form of buildings or structures is allowed, other than construction, modification and maintenance of improvements to support conservation efforts.

(Ord. No. NS-1200.311, § 2, 6-3-03; Ord. No. NS-1200.365, § 1, 12-5-17)

The following table, Table 2.50-1, specifies the allowable land uses for the special purpose base districts, listed by use classification as defined in Chapter 2.10. The regulations for each district are established by letter designations as follows:

Supplemental regulations for the establishment and conduct of a use are referenced in the "Supplemental Regulations" column of the table. Use classifications not listed in the table are prohibited in the special purpose base districts.

TABLE 2.50-1. USES IN SPECIAL PURPOSE BASE DISTRICTS

NOTES:

1.

Within the OS/F district, tree farm operations that grow trees in containers or in the ground are consistent with the "Agriculture" use classification. Within the SCA district, agricultural uses shall be limited to non-riparian areas and areas outside of conservation easements and California tiger salamander (CTS) reserve areas managed pursuant to the Stanford Habitat Conservation Plan (HCP), except for grazing for vegetation management as specifically provided in the Stanford HCP. Within the riparian areas and conservation easement/CTS reserve areas of the SCA district, use of pesticides and herbicides shall be prohibited; however, this does not prohibit weed abatement activities, non-native wildlife or plant abatement activities (including the use of pesticides, biocides, and herbicides or other agricultural chemicals) conducted in accordance with the Stanford HCP or Stanford Special Conservation Areas Plan (SCAP).

2.

Within the OS/F district, structures ancillary to any allowed use or activity are permitted subject to the requirements of ASA (Chapter 5.40 and subsection 2.50.040(B)). Within the SCA district, no new permanent development in the form of buildings or structures is allowed, except for the construction, modification, and maintenance of improvements to support conservation efforts; structures or improvements that are necessary for safety reasons; small markers or other identifiers indicating the presence of sensitive resources (such as Native American remains); new signs, bridges, utilities, erosion control improvements; and fences; provided that they are constructed in accordance with the terms of the Stanford HCP and SCAP. This provision shall not prohibit maintenance of existing structures or improvements or prohibit the replacement of structures or improvement with new structures or improvements that serve the same purpose as the existing structures or improvements, provided any new or modified structures or improvements located within the HCP conservation easement/CTS reserve areas are approximately the same size as the existing structures or improvements.

3.

Within the OS/F district, agricultural processing is limited to low intensity processing and agricultural sales activities that would not significantly impact local transportation patterns. For example, activities such as packaging products for off-site shipping and allowing limited on-site purchase of agricultural commodities are consistent with allowable uses for this district. Activities such as a canning operation, or establishing a commercial outlet for sale of multiple agricultural commodities, would exceed the intensity allowed in this district. Prior to establishment of any use or activity, the Planning Office must determine that such use or activity is of low intensity and consistent with the General Use Permit requirements for the OS/F district.

4.

Within the OS/F district, caretaker's residences, as defined in § 2.10.030, are allowed as follows: A cumulative total of five caretaker's residences is allowed to the extent they are consistent with all provisions of the Stanford General Use Permit and the zoning ordinance. This cumulative total includes all legal existing residential structures within the OS/F district, including any that may be legal nonconforming uses. Any existing legal nonconforming caretaker's residences that existed on December 12, 2000, and have not been subsequently abandoned may continue to be utilized as caretaker residences. Stanford University bears the burden of establishing that any existing structure and use is legal or legal nonconforming. Consistent with all other provisions of the zoning ordinance, any legal structure that has been converted to a caretaker's residence may be relocated, replaced, or modified, so long as there is no cumulative increase in the overall square footage of all residential structures. Caretaker's residences are subject to ASA (Chapter 5.40 and subsection 2.50.040(B)). Cumulative building area (square footage and building footprint) for the five caretaker's residences shall not exceed the total square footage of documented building area for all legal or legal nonconforming residential structures that existed in the OS/F district on December 12, 2000.

5.

Facilities qualifying as "Large-Family Day-Care Homes," serving between seven and 14 children, are subject to an administrative permit, per the provisions of Division B24 of the County Ordinance Code.

6.

In Roadside Services (RS) districts, general retail sales uses must be limited in scale and ancillary to a permitted use that is primarily oriented toward serving the needs of the motoring public, consistent with the general plan.

7.

The existing Stanford University Golf Course may be modified or reconfigured within its boundaries as they existed on December 12, 2000, but the Golf Course footprint may not be expanded. Modification or replacement of the golf course clubhouse or ancillary support facilities is permitted if consistent with all applicable provisions of the Community Plan, General Use Permit, and the zoning ordinance.

8.

Massage establishments shall comply with the provisions of Division B22 of the County Ordinance Code.

9.

Within the OS/F district, composting facilities are limited to those servicing Stanford University purposes, and no other communities, jurisdictions or uses (e.g., Stanford Shopping Center).

10.

Single-family dwellings, including certain additions, may be subject to the building site approval provisions of Division C12-300-399 of the County Ordinance Code. In Roadside Services districts, single-family residential use is permitted only if incidental to and necessary to support a permitted non-residential use, as defined by the land use approval and conditions of that primary non-residential use.

11.

Within the OS/F district, Stanford specialized facilities and installations are limited to those structures or facilities that require a remote setting, including, but not limited to, facilities for astronomical or atmospheric research. Only those structures or facilities that require isolation from sources of interference (such as noise, vibration, electromagnetic fields, or similar impediments) are allowed.

12.

Within the OS/F and the SCA districts, existing utilities may be replaced if there is no increase in size or scale of aboveground structures. Above-ground disturbance resulting from the maintenance or replacement of such structures shall be restored to pre-disturbance condition. Within the SCA district, existing utilities may be replaced with utilities that serve the same purpose as the existing structures or improvements (provided the new or modified structures or improvements located within the HCP conservation easement/CTS reserve areas are approximately the same size as the existing structures or improvements) and utilities are constructed in accordance with the terms of the Stanford HCP or SCAP.

13.

Within the OS/F and the SCA districts, new utilities may be constructed that serve either Stanford or other lands if such facilities reasonably minimize degradation to the natural environment and maintain the predominantly natural appearance and habitat values of the setting. In addition, within the SCA district, new utilities may be constructed consistent with the purposes of the SCA district, provided they are in accordance with the terms of the Stanford HCP where covered by the Stanford HCP.

14.

Utility structures and facilities may be exempt from local zoning regulations if they are established by a government agency. There may also be federal or state laws that provide exemptions for certain types of utilities.

15.

Co-location of wireless telecommunication facilities may be eligible for an ASA administrative review and approval (§ 5.40.050), where consistent with the provisions of this ordinance. Where the proposed co-location meets the criteria in Government Code § 65850.6(b) relating to previously approved facilities permitted by a means of a discretionary permit issued on or after January 1, 2007, and either a negative declaration, mitigated negative declaration, or environmental impact report was prepared and adopted, the co-location shall be reviewed for consistency with the approved plans, mitigation requirements, and conditions imposed on the existing facility, and if found consistent, will be subject only to a building permit or other applicable permits required by Title C of the County Ordinance Code.

16.

Agricultural employee housing may, on a limited basis, be used to accommodate overnight tourist stays as part of a winery (see § 4.10.395 for criteria and permitting requirements) or be used for emergency shelter in the Public Services and Supportive Housing Combining District (see § 3.80.050 for criteria and permitting requirements).

17.

Bed and breakfast inns ancillary to on-site wineries, agricultural sales operations or other agriculturally related uses shall be subject to a special permit, in lieu of a use permit, provided they are situated within the primary residence on the property.

18.

Established Religious Institutions and Nonprofit Institutions may include Emergency Shelters: Small-Scale as an ancillary use by right.

19.

Owner-occupancy of one unit is required in any single-family residence that contains a junior accessory dwelling unit. The owner may reside in either the single-family residence or the junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

20.

Small-scale permanent agricultural employee housing is allowed with a planning clearance ("C") instead of a special permit ("S") in the A1 zone where the General Plan designation is Agriculture or Rural Residential.

21.

No Architecture and Site Approval is required for Recreational Vehicle Parks.

22.

No more than four total dwelling units may be permitted on a parcel pursuant to the Urban Primary Unit use classification; however, all parcels resulting from an urban lot split pursuant to Section C12-44 shall have no more than two total dwelling units per parcel.

23.

Development on parcels with the -os designator is restricted to multi-family housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is allowable by use permit or planning clearance pursuant to § 3.75.040.

(Ord. No. NS-1200.310, § 4, 5-20-03; Ord. No. NS-1200.311, § 2, 6-3-03; Ord. No. NS-1200.324, § 7, 5-5-09; Ord. No. NS-1200.327, § 9, 2-9-10; Ord. No. NS-1200.331, § 3, 11-9-10; Ord. No. NS-1200.332, § 4, 11-22-11; Ord. No. NS-1200.335, § 6, 12-4-12; Ord. No. NS-1200.337, § 7, 12-18-12; Ord. No. NS-1200.345, § 7, 6-10-14; Ord. No. NS-1200.351, § 4, 10-20-15; Ord. No. NS-1200.354, § 5, 9-29-15; Ord. No. NS-1200.355, § 2, 4-26-16; Ord. No. NS-1200.360, § 4, 5-23-17; Ord. No. NS-1200.364, § 1, 9-12-17; Ord. No. NS-1200.365, § 2, 12-5-17; Ord. No. NS-1200.366, § 5, 5-1-18; Ord. No. NS-1200.367, § 5, 6-19-18; Ord. No. NS-1200.371, § 6, 3-10-20; Ord. No. NS-1200.375(10.20.2020), § 4, 10-20-20; Ord. No. NS-1200.378, § 4, 5-25-21; Ord. No. NS-1200.383, § 4, 1-24-23; Ord. No. NS-1200.384, § 9, 12-12-23)

A.

Standards. Table 2.50-2 establishes property development and subdivision standards for special-purpose base districts.

NOTES:

1.

Within the OS/F district, the optional clustering provision may be exercised (Chapter 5.45, Cluster Permit) to establish a lot of less than 160 acres. Minimum parcel size may be reduced to a minimum of two acres by the planning commission for a nonresidential cluster subdivision subject to a cluster permit (Chapter 5.45). Minimum lot area for the cluster shall be determined by the slope density formula as described for the -20s combining district in § 3.10.040 except that the reference in § 3.10.040 to density, relative to land area per dwelling unit, shall not apply in the OS/F district.

2.

For non-residential uses, and residential uses subject to ASA, see subsection C of this section.

3.

Within the SCA district, subdivision is allowed by means of the use of the 20-160 acres slope-density formula, as further defined in Chapter 3.10, Table 3.10-2 for the -20s slope-density combining district, such that the minimum lot size shall be the same as the minimum land area required based on the average slope of the entire parcel proposed for subdivision, and no clustering or reduction of minimum lot size is allowed. No new permanent development in the form of buildings or structures is allowed, except for the construction, modification, and maintenance of improvements to support conservation efforts; structures or improvements that are necessary for safety reasons; small markers or other identifiers indicating the presence of sensitive resources (such as Native American remains); new signs, bridges, utilities, erosion control improvements; and fences, provided that they are constructed in accordance with the terms of the Stanford HCP and SCAP. Any such physical development listed above that is intended to support conservation efforts may be authorized subject to ASA or other appropriate County approval process. Time limits, setbacks, height, and any other appropriate development standards and requirements may be stipulated through the approval process.

4.

Development on parcels with the -os designator is restricted to multifamily housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is exempt from the development standards in this table.

B.

Measurements. The standards shown in Table 2.50-2 are subject to the following rules of measurement:

1.

Where a lot abuts a road, setbacks from that road shall be measured from the edge of the ultimate road right-of-way (see "setback" definition in § 1.30.030);

2.

Setbacks from all property lines not abutting a street shall be measured from the property line unless otherwise specified; and

3.

Height shall be measured according to the provisions of Chapter 1.30: Definitions: General Terms.

C.

A1 district—Standards for nonresidential uses and residential uses subject to ASA. Development on parcels with the -os designator is restricted to multifamily housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is exempt from the development standards in this section. Setbacks and height limits for nonresidential and residential uses subject to Architecture and Site Approval (ASA) in the A1 district shall be determined by the Zoning Administrator, subject to the following limitations:

1.

Nonresidential uses adjacent to any residentially developed property may be required to provide a minimum front yard setback equal to that of the adjacent residential use; and

2.

Nonresidential uses adjacent to any residentially developed property shall be required to provide a minimum side and rear yard setback equal to one-half the height of the building closest to the setback, or five feet, whichever is greater.

(Ord. No. NS-1200.311, § 2, 6.3.03; Ord. No. 1200.317, § 23, 6-8-04; Ord. No. NS-1200.327, § 10, 2-9-10; Ord. No. NS-1200.359, § 5, 12-6-16; Ord. No. NS-1200.364, § 2, 9-12-17; Ord. No. NS-1200.365, § 3, 12-5-17; Ord. No. NS-1200.384, § 10, 12-12-23)

A.

Permitted activities and criteria. The following activities, which do not involve permanent structures, are permitted by right.

1.

Environmental restoration: Activities include science-based management focused on active protection of the immediate environment or return of that environment to a pre-disturbance condition.

2.

Limited outdoor recreational activities: Activities include those that are consistent with protection of environmental resources and do not require a building, grading, or other permit. Examples include hiking and jogging on existing service roads and student field trips. Development of trails is allowed, subject to all County requirements, including, but not limited to, the grading ordinance (Division C12, Chapter III of the Ordinance Code).

B.

Open space and field research viewshed analysis and methodology. All uses or development activity subject to ASA must first be evaluated using the open space and field research viewshed analysis (OS/F viewshed analysis). Methodology guiding use of this analysis is described herein.

The OS/F viewshed analysis requires use of a geographic information system (GIS) software, copyrighted by Environmental Systems Research Institute (ESRI). A similar version of software or shareware that provides equivalent results may be substituted for the ESRI program. Consistent with other provisions of this chapter, ArcGIS, Version 8.2 (or subsequent versions as that software may be revised) and the spatial analyst extension for that software shall be used as described in the following paragraphs. Paper maps may be produced as illustrative tools for project evaluation; however, the methodology described in this subsection, rather than any paper map, must be used to determine project-specific visibility.

Along the viewshed corridors identified below, observation points shall be established within a range of 100- to 250-foot intervals. Utilizing current topographic data available from the U.S. Geological Survey or an equally verifiable public source, the software program that is utilized for viewshed analysis establishes the total number of times a given pixel (i.e., zone of observation) within the district would be visible from individual viewshed corridors. Based on the total number of times each pixel is visible, an aggregate value for observation frequency is established. This frequency is then used to designate visibility zones that are, in descending order: (1) high, (2) medium-high, (3) medium, or (4) low. Areas that are never visible are identified as "no-visibility" areas.

Viewshed Corridors:

1.

Junipero Serra Blvd. (from San Mateo County border to Page Mill Road).

2.

Page Mill Expressway (from Junipero Serra to Arastradero).

3.

Arastradero Road (from Page Mill Road to Alpine Road; and from Page Mill Road to Deer Creek Road).

4.

Alpine Road/Sand Hill Road corridor (from Arastradero Road to Arboretum).

5.

Interstate 280 (from Sand Hill Road to Arastradero Road).

6.

Stanford Avenue approach to "the Stanford Dish Trail" access.

7.

Palm Drive (from Arboretum to the end of "the Stanford oval.").

Because the software model does not account for existing ground features (e.g., trees, rocks, minute topographic detail) or for constructed features (e.g., buildings, structures, infrastructure), project-specific site analysis may be used to verify or revise site-specific visibility ratings. Project-specific analysis may include, but is not limited to:

•

Additional information shown on the site plan or other documents (e.g., contour lines) that is available and relevant;

•

Photographs of the project site from viewshed corridor;