(a)

Architectural features, including sills, chimneys, weather vanes, cornices and eaves may not extend into a required side setback area more than three feet, into a required front or rear setback area more than four feet, or into a space between structures on the same site more than eighteen inches.

(b)

Aboveground balconies, porches, decks, platforms, stairways and landing places, which are open, unenclosed, uncovered and no part of which is more than four feet above finish grade, may extend into a required setback area or space between buildings not more than four feet.

(c)

Open, unenclosed and uncovered walks, driveways, parking areas, decks, platforms and patios, which are not more than eighteen inches above finish grade, and fences, walls, hedges and retaining walls, may be constructed within any required setback area, subject to other applicable limitations prescribed by this Chapter.

(d)

Bay windows which are at least eighteen inches above the finished floor level, may overhang and extend into any required setback area for a distance not exceeding two feet.

(Amended by Ord. 71.91 § 5, 1991; Ord. 71.86 § 5, 1990; Ord. 71-163 § 1 (part), 1996; Ord. 245 § 2 (Att. A) (part), 2006)

Side yard setback requirements for non-conforming parcels of five thousand square feet or less shall be equal to ten percent of the lot width or six feet, whichever is less.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

(a)

Chimneys, flagpoles, spires, and similar appurtenances may be erected to a height not more than fifteen feet above the height limit prescribed by the regulations for the district in which the site is located.

(b)

In multi-family residential, mixed use, and non-residential buildings, mechanical equipment and elevator and stair towers may be built to a height not more than fifteen feet above the height limit prescribed by the regulations for the applicable district provided the facilities are set back from the exterior wall one foot for every foot of projection above the height limit and do not exceed a total of twenty percent of the roof area.

(c)

Utility poles shall not be subject to the height limits prescribed in the district regulations.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

(a)

Applicability and definitions.

(1)

Reasonable accommodation means providing individuals with disabilities or sponsors of projects (including residential and nonresidential development usable by an individual with a disability), flexibility in the application of land use and zoning and/or building regulations, policies, practices and/or procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to use by an individual with a disability.

(2)

Individual with a disability means someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

(3)

Eligible person means any individual with a disability, his or her representative, or a sponsor of a project or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to use by an individual with a disability.

(b)

Notice of accommodation process. Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the Community Development Department, advising the public of the availability of the procedure for eligible persons. Forms for requesting reasonable accommodation shall be available to the public in the Community Development Department.

(c)

Authority to request reasonable accommodation. In order to make a project usable to an individual with a disability, any eligible person may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and/or procedures in accordance with this Section.

(d)

Process for requests for reasonable accommodation. Requests for reasonable accommodation shall be in writing and provide the following information:

(1)

Name and address of the individual(s) requesting reasonable accommodation;

(2)

Name and address of the property owner(s);

(3)

Address of the property for which accommodation is requested;

(4)

Description of the requested accommodation and each regulation, policy or procedure for which accommodation is sought; and

(5)

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling or other use.

(e)

[Information confidential.] Any information identified by an applicant as confidential in the application or in connection with any appeal of a decision pursuant to this Section shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection except as otherwise required by law.

(f)

[Filing.] A request for reasonable accommodation in a regulation, policy, practice and/or procedure may be filed at any time that the accommodation may be necessary to ensure equal use of the project. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(g)

[Assistance provided.] If an individual needs assistance in making the request for reasonable accommodation or in filing an appeal of a decision pursuant to this Section, the City shall provide assistance to ensure that the process is accessible.

(h)

Review of request. If a request for reasonable accommodation is made in connection with an application for a project approval the request shall be reviewed as part of the application review process and a decision on the request shall be made at the time of a decision on the application. All other requests shall be reviewed by the Community Development Director and a decision shall be made within thirty days of the date of the application. Decisions may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 15-80.025(i). If necessary to reach a decision on the request for reasonable accommodation, the Community Development Director may request further information from the applicant consistent with fair housing or any other applicable laws, specifying in detail the information that is required. In the event that a request for additional information is made, the time period to issue a decision is stayed until the applicant responds to the request.

(i)

[Written decision.] The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing and any other applicable laws and based on the following factors:

(1)

Whether the project, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing and/or any other applicable laws;

(2)

Whether the requested accommodation is necessary to make a project usable and available to an individual with disabilities protected under the fair housing and/or any other applicable laws;

(3)

Whether the requested accommodation would impose an undue financial and/or administrative burden on the jurisdiction and;

(4)

Whether the requested accommodation would require a fundamental alteration in the nature of the City's land use and zoning and/or building regulations.

(j)

[Explanation of decisions.] All decisions on the request for reasonable accommodation shall explain in detail the basis of the decision, including the determinations on the factors set forth above. All written decisions shall give notice of the applicant's right to appeal. The notice of decision shall be sent to the applicant by regular and certified mail. The written decision of the reviewing authority shall be final unless an applicant appeals in accordance with this Code. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the time required by this Code, the request shall be deemed granted. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

(Ord. No. 277, § 1(Exh. A), 4-21-2010)

The following special rules shall apply to certain accessory uses and structures in any A, R-1, HR, R-OS or R-M district:

(a)

Stables and corrals. No stable or corral, whether private or community, shall be located closer than fifty feet from any property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the site. In the HR district, no stable or corral shall be located closer than fifty feet from any stream and the natural grade of a corral shall not exceed an average slope of fifteen percent.

(b)

Swimming pools. No swimming pool or accessory mechanical equipment shall be located in a required front, side or rear setback area, except as follows:

(1)

A swimming pool and accessory mechanical equipment may be located within a required rear setback area, but the water line of the swimming pool may be no closer than six feet from any property line. Any portion of such swimming pool that is located outside of the rear setback area shall comply with the side setback area requirements for the site.

(2)

If the required minimum interior side setback area is more than ten feet, accessory mechanical equipment may be located within such side setback area, but no closer than ten feet from the side lot line.

(c)

Recreational courts. Subject to approval by the Community Development Director, recreational courts may be allowed, provided that such recreational courts shall comply with all of the following restrictions, standards and requirements:

(1)

The recreational court shall not exceed seven thousand two hundred square feet in area.

(2)

The recreational court shall not be illuminated by exterior lighting.

(3)

No direct opaque screening shall be utilized around any portion of the recreational court.

(4)

No fencing for a recreational court shall exceed ten feet in height.

(5)

No recreational court shall be located in a required front or side setback area. Such courts may be located within a required rear setback area, but no closer than fifteen feet from any property line.

(6)

The natural grade of the area to be covered by the recreational court shall not exceed an average slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this Chapter.

(7)

The recreational court shall be landscaped, in accordance with a landscape plan approved by the Community Development Director, so as to create a complete landscaping buffer from adjoining properties within two years from installation. In addition, a bond, letter of credit or other security, in such amount as determined by the Community Development Director, shall be furnished to the City to guaranty the installation of the landscaping improvements in accordance with the approved landscaping plan.

(8)

The recreational court shall be designed and located to minimize adverse impacts upon trees, natural vegetation and topographical features and to avoid damage as a result of drainage, erosion or earth movement.

(9)

The recreational court shall be designed to preserve the open space qualities of hillsides, creeks, public paths, trails and rights-of-way on or in the vicinity of the site.

(d)

Enclosed accessory structures. No enclosed accessory structures shall be located in any required setback area of any lot, except as follows:

(1)

Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55, cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be located no closer than six feet from a side property line and rear property line of the rear setback area and shall not exceed eight feet in height, plus one additional foot in height for each three feet of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the required rear setback area.

(2)

Subject to approval by the Community Development Director, garden sheds, structures for housing swimming pool equipment and other enclosed structures of a similar nature, not exceeding two hundred fifty square feet in floor area, may be located no closer than six feet from a side property line and rear property line of the rear setback area and shall not exceed six feet in height, plus one additional foot in height for each additional foot of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the required rear setback area. This subsection shall not apply to any structure intended or used for the keeping of animals.

(e)

Unenclosed garden structures. Subject to approval by the Community Development Director, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work, arbors and fountains, freestanding fireplaces and play structures may be located no closer than six feet from a side or rear property line and shall not exceed eight feet in height, plus one additional foot in height for each additional foot of setback from the side and rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within a required side or rear setback area.

(f)

Solar panels. Solar energy systems do not require any discretionary approval unless the Building Official has a good faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety, in which case a solar energy system use permit is required. Applications for such permits shall be acted upon by the Community Development Director in accordance with California Health and Safety Code 17959.1.

(g)

Outdoor cooking devices. Subject to approval by the Community Development Director, permanent outdoor cooking devices, such as those constructed out of brick or masonry, may be located no closer than six feet from the rear property line and shall not exceed eight feet in height.

(h)

Accessory structures in R-M district. Notwithstanding any other provisions of this Section and subject to approval by the Community Development Director, accessory structures not exceeding fourteen feet in height may be located in a required rear setback area in any R-M district, provided that not more than fifteen percent of the rear setback area shall be covered by structures, and provided further, that on a reversed corner lot, an accessory structure shall not be located closer to the rear property line than the required side setback area on the abutting lot and not closer to the exterior side property line than the required front setback area of the abutting lot.

(i)

Referral to Planning Commission. With respect to any accessory structure requiring approval by the Community Development Director, as described in subsections (a) through (h) of this Section, the Director may refer the matter to the Planning Commission for action thereon whenever the Director deems such referral to be necessary or appropriate.

(j)

Exceptions to standards. The Planning Commission shall have authority to grant exceptions to any of the regulations set forth in subsections (a) through (h) of this Section pertaining to the size, height or required setback of an accessory structure in a side or rear setback area, through the granting of a use permit for such accessory structure pursuant to Article 15-55 of this Chapter. The Planning Commission's authority shall not be subject to any quantified limitations contained in subsections (a) through (h), except subsection (d)(1) which already establishes quantified limitations on a use permit issued by the Planning Commission. The Planning Commission's authority shall not extend to allowing an accessory structure in a setback area where it is not expressly allowed under subsections (a) through (h).

(k)

Emergency or stand-by generators. No emergency or stand-by generator shall be allowed in any required front, side or rear setback area. All emergency or stand-by generators shall be required to meet all applicable requirements of the City Code, including Article 7-30 concerning noise.

(l)

Heating, ventilation and air conditioning (HVAC) mechanical equipment.

(1)

No HVAC mechanical equipment shall be allowed in any required front, side or rear setback area unless otherwise required for an ADU permitted within such setback areas pursuant to Article 15-56.

(2)

HVAC mechanical equipment for all other (non-ADU) uses may be located no closer than six feet from the rear or side property line, regardless of the required setback area.

(3)

No HVAC mechanical equipment shall be located in any required front setback area.

(4)

HVAC mechanical equipment shall be required to meet all applicable requirements of the City Code, including Article 7-30 concerning noise. This restriction shall not apply to HVAC equipment for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal of nonconforming HVAC equipment may be required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the main dwelling, as described in Article 15-45.

(m)

Lighting fixtures. Outdoor lighting fixtures shall be located, aimed, and shielded to prevent excessive glare or direct illumination onto adjacent properties and public street rights of way; notwithstanding the minimum lighting necessary to ensure adequate safety, night vision, and comfort.

(Amended by Ord. 71.86, 1990; Ord. 71.98 § 13(a), 1991; Ord. 71.113 (part), 1992; Ord. 71-183 § 1, 1998: Ord. 231 § 2, 2004; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 263, § 1(Att. A), 2-18-2009; Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 294, § 1.A.7., 9-5-2012; Ord. No. 307, § 1.C.23, 10-16-2013; Ord. No. 314, § 1, 3-5-2014; Ord. No. 315, § 1.5, 4-2-2014; Ord. No. 320, § 1.F.25, 11-5-2014; Ord. No. 399, § 1(Att. 1), 4-3-2024)

The following requirements shall apply to basements in any A, R-1, HR, R-OS or R-M district, with the exception of requirements in subsections (d) and (e) of this Section, which shall apply to all districts:

(a)

A basement shall be located beneath the building footprint of an enclosed structure and shall not be located, with the exception of lightwells, within any required setback area. The building footprint is the floor area from the exterior surface of the exterior walls of the ground floor of all main or accessory structures on a lot.

(b)

A lightwell may not extend into a required side setback area more than three feet and into a required rear setback area more than four feet.

(c)

A basement shall be a one level structure with a maximum floor to ceiling height of twelve feet. Floor, in this case, means finished floor, and ceiling means the bottom level of the ceiling framing members.

(d)

All proposed basements and additions to basements identified on the City's Ground Movement Potential Map as being located in an area with significant potential for ground movement shall obtain geotechnical clearance. The applicant shall submit to the Planning Department a geotechnical report prepared by a registered geotechnical engineer or registered civil engineer with competence in geotechnical investigation and design. This report shall include an analysis of seasonal groundwater conditions potentially impacting the project and design recommendations for any appropriate measures to address subsurface water.

The geotechnical consultant shall address the potential need for substantial sump pump operation requirements where groundwater is anticipated to rise above the basement floor.

Incorporation of subdrain systems beneath basement floors and appropriate waterproofing measures shall be considered during preparation of geotechnical design criteria for basements.

(e)

Applicant shall submit to the Planning Department a grading and drainage plan stamped and signed by a registered civil engineer. Water collected from a basement shall either be transported to a nearby City storm drain inlet or to another drainage facility. The method of drainage shall be reviewed and approved by the Community Development Director. Disposition and treatment of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES requirements). The size of a proposed basement may be limited based on drainage issues or issues raised in the geologic and geotechnical reports. The cut and fill volumes associated with a proposed basement shall not be included in the total required cut and fill grading calculations required to be documented for the property.

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 307, § 1.C.25, 10-16-2013; Ord. No. 328, § 1(Att. A, § 21), 7-1-2015)

(a)

All electric lines and communication lines, and appurtenances, including all public utility systems and service facilities therefor, and also all telegraph and CATV distribution or transmission facilities, shall hereafter be located and installed underground on all lands and zoning districts within the City, except as specifically permitted in this Section.

(b)

No person shall directly or indirectly erect, construct, fabricate or install any tower, pole or similar structure, for the purpose of operating or maintaining any overhead electric lines or any overhead communication line or lines, or any appurtenant structure or part thereof, except as follows:

(1)

Existing overhead electric and communication lines, poles and transformers may be replaced overhead when required because of deterioration, or because of damage by fire, wind, falling trees, or other accidental means.

(2)

Temporary electric and communication lines, poles, and transformers may be installed to serve construction projects or emergency situations for periods not to exceed six months, unless such time is extended by the City.

(3)

Overhead electric lines, communication lines, poles and transformers may be replaced at the same location with facilities of greater capacity where such facilities are not already included in an existing or immediately pending underground utility district or required to be undergrounded as a condition of any permit or approval issued pursuant to any provision of this Code.

(4)

Pad-mounted transformers, service pedestals, meter cabinets, surface-mounted switches and concealed ducts are not required to be undergrounded so long as they are used solely in connection with, and as appurtenances to, an underground distribution system or facilities.

(5)

Electric transmission lines are not required to be undergrounded where the voltage carried by such lines is more than 34.5 KV.

(6)

Overhead service drops to structures served by at least one existing overhead service drop are not required to be undergrounded provided that such service drop requires installation of no additional poles, and is not more than five hundred feet in length.

(c)

No use shall be made of any land, building, or structure in the City for any electric lines, or communication lines, or appurtenances, except as permitted under this Section.

(d)

The Planning Commission is empowered to grant variances from the regulations set forth in this Section, in accordance with Article 15-70 of this Chapter.

A landscaped area provided in compliance with the regulations of this Chapter or as a condition of any use permit, variance, design review or other approval granted hereunder, shall be planted with materials suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or ornament the site. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained by the owner as may be prescribed by the Community Development Director.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

No portion of any unimproved right-of-way of any public street in any zoning district shall be used at any time for the storage of any of the items of personal property described in Section 15-12.160 of this Chapter. The term "unimproved right-of-way" shall mean all portions of a public street which are not paved and improved for motor vehicle travel or parking.

(a)

Neither a stadium of any size nor any other facility with a similar use but different name shall be permitted in any zoning district. A "stadium" is a track and/or field which has any one or more of the following: permanent or portable seating (other than field-level seating for participating athletes), permanent or portable lighting, permanent or portable sound system, press box, scoreboard, restrooms or concession stands, and on which any inter-school events or other spectator-oriented events of any kind are held.

(b)

Temporary portable equipment for cultural events (other than sports events or rock concerts) may be utilized on any track or field upon a two-thirds vote of the City Council after a duly noticed public hearing and a finding that the particular event will not be unduly disturbing to the City.

(c)

This Section shall not apply to facilities at elementary and secondary (junior and senior high) schools or facilities built by private, nonprofit, youth-oriented organizations such as Little League or the American Youth Soccer organizations.

(d)

No part of this Section may be amended or repealed except by the voters of the City at a regular municipal election.

(a)

Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, unless the context or the provision clearly requires otherwise:

(1)

Antenna means any system of wires, poles, rods, reflecting discs or similar devices used for the reception or transmission of electromagnetic waves which system is affixed to an antenna support structure or affixed to the exterior of any building. The term includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom which may be mounted upon and rotated through a vertical mast, tower or other antenna support structure.

(2)

Antenna support structure means any mast, tower, tripod or other structure utilized for the purpose of supporting one or more antennas.

(3)

Licensed amateur radio station antenna means an antenna owned and utilized by a federally licensed amateur radio operator.

(4)

Satellite dish antenna means any dish-shaped antenna designed to receive and/or send satellite signals for the purpose of television or radio reception, or other telemetry communication, having a diameter greater than three feet.

(b)

Limitation on number. Not more than one ground-mounted antenna support structure for a licensed amateur radio station antenna and not more than one satellite dish antenna shall be permitted on each site; provided, however, that upon the granting of a use permit pursuant to Article 15-55 of this Chapter, a second ground-mounted antenna support structure for a licensed amateur radio station antenna may be allowed where:

(1)

The site is one acre or greater in size;

(2)

The height of each antenna does not exceed fifty-five feet; and

(3)

The Planning Commission finds, in addition to the findings required under Section 15-55.070, that by reason of the size, topography, landscaping or other special characteristics of the site, the installation of two antenna support structures having a height below the limit prescribed in subsection (e)(3) of this Section will mitigate the visual impact upon adjacent properties and public rights-of-way to a greater extent than the installation of a single antenna support structure.

(c)

Building permit required. A building permit shall be required for the installation or construction of any satellite dish antenna or any ground-mounted antenna support structure in excess of thirty feet in height. No such permit shall be issued unless the antenna and the support structure comply with the regulations set forth in this Section. Applications for a building permit shall be made upon such form prescribed by the City and shall be accompanied by the following items:

(1)

Type and description of the antenna and its support structure, including size, shape, height and color.

(2)

Plot plan showing the location of the antenna and its support structure on the site, including distance from structures, property lines, street lines, setback lines and exposed utility lines.

(3)

Construction drawings showing the proposed method of installation.

(4)

Manufacturer's specifications for the antenna support structure and installation requirements, including footings, guy wires and braces.

(5)

Copy of FCC license, if the application is for a licensed amateur radio station antenna.

(d)

Location requirements. Except as otherwise specified in this Section, antenna support structures may be roof or ground-mounted, free standing or supported by guy wires, buildings or other structures. A support structure shall be considered ground-mounted if its base is mounted directly in the ground, even if the structure is supported or affixed to the wall of a building. All antennas and support structures shall be located on a site in compliance with the following standards:

(1)

No antenna or support structure shall be located within any required front, side or rear setback area, except that guy wires and antenna arrays may extend into a required side or rear setback area but may not extend over property lines or street lines.

(2)

No antenna support structure shall be located closer to any property line or street line than a distance equal to one-half of the height of the antenna support structure.

(3)

No satellite dish antenna shall be roof-mounted.

(4)

Ground-mounted antenna support structures shall be located to the rear of the main structure on the site, unless otherwise approved by the City based upon a finding that the alternative location will more effectively reduce the visual impact of the antenna and its support structure upon adjacent properties and public rights-of-way.

(e)

Height restrictions. Antenna height shall mean the overall vertical length of the antenna support structure and the antenna mounted thereon, including any length to which the antenna support structure is capable of being raised, as measured from the peak of the roof with respect to a roof-mounted antenna, or from the natural grade or finished grade, whichever is lower, with respect to a ground-mounted antenna. All antennas shall comply with the following height restrictions:

(1)

Roof-mounted antennas shall not exceed fifteen feet in height above the peak of the roof, except that a single vertical pole or whip antenna which is not supported by guy wires may be erected to a height of thirty feet above the peak of the roof.

(2)

Satellite dish antennas shall not exceed six feet in height plus one additional foot in height for each additional three feet of setback from the lot line or lines adjacent to the antenna, up to a maximum height of ten feet.

(3)

Ground-mounted antennas, other than satellite dish antennas, shall not exceed thirty feet in height, except that licensed amateur radio station antennas may be erected to a height of sixty-five feet.

(f)

Installation requirements. Every antenna and its support structure shall be constructed, installed and maintained in accordance with the manufacturer's specifications and in compliance with the Uniform Building Code and National Electrical Code as adopted by the City, and in accordance with the following additional requirements:

(1)

The antenna support structure shall be of noncombustible and corrosive-resistant material.

(2)

Satellite dish antennas shall be self-supporting without guy wires.

(3)

Whenever it is necessary to install an antenna near exposed utility lines, or where any property damage would be caused by the falling of the antenna support structure, a separate guy wire must be affixed to the antenna or the support structure and secured in a direction away from the hazard. Exposed antenna transmission lines and guy wires shall be kept at least six feet distant from any exposed utility lines.

(4)

The antenna shall be adequately grounded for protection against a direct strike of lightning.

(g)

Mitigation of visual impact. Antennas and their support structures, including guy wires and accessory equipment, shall be located on the site and screened as much as possible by architectural features, fences or landscaping to minimize the visual impact of the antenna and its support structure upon adjacent properties and public rights-of-way. The materials used in constructing the antenna and its support structure shall not be unnecessarily bright, shiny or reflective. Conditions may be imposed upon the issuance of a building or use permit or design review approval to mitigate the anticipated visual impact of the proposed antenna installation.

(h)

Existing antennas. This Section shall not apply to any satellite dish antenna lawfully installed prior to November 1, 1985, or any licensed amateur radio station antenna lawfully installed prior to May 21, 1986. Such antennas shall be allowed to remain as originally installed and shall not be considered nonconforming structures, but any relocation or increase in the size or height thereof shall be subject to the provisions of this Section. Any person claiming an exemption shall have the burden of proving that the antenna was lawfully installed prior to the applicable date specified herein.

(i)

Variances. The Planning Commission shall have authority to grant a variance from any of the regulations contained in this Section pursuant to Article 15-70 of this Chapter. In addition to the findings prescribed in Section 15-70.060, the Planning Commission shall also find that the variance is required by reason of physical obstructions which adversely affect proper reception or transmission by the antenna. (Amended by Ord. 245 § 2 (Att. A) (part), 2006)

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)

Editor's note— Ord. No. 320, § 1.F.26, adopted Nov. 5, 2014, repealed § 15-80.090, which pertained to early warning fire alarm system and derived from original codification; Ord. 242 § 2(Exh. 2[3]), 2006; Ord. 245 § 2(Att. A)(part), 2006; Ord. No. 265, § 2.B.2, adopted Apr. 15, 2009; and Ord. No. 294, § 1.A.8, adopted Sept. 5, 2012.

(a)

No construction trailer shall be placed upon any site without first obtaining a permit to do so issued by the Community Development Director pursuant to this Section.

(b)

The Community Development Director shall have authority to issue a permit for the temporary placement of one or more trailers on the site of a construction project for use by the owner or contractors actively engaged in the performance or supervision of the construction work. The number and location of such trailers shall be determined by the Community Development Director and the permit may be issued subject to any conditions which the Director deems necessary or appropriate. No trailer may be placed upon a site until the commencement of construction and all trailers shall be removed immediately upon completion of the project, or at such earlier time as may be specified by the Community Development Director.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

(a)

Creation of easement by covenant. In addition to any other method for the creation of an easement, an easement for parking, ingress, egress, emergency access, light and air access, landscaping or open space purposes may be created by a written covenant of easement granted to the City pursuant to this Section.

(b)

Contents of covenant. The covenant of easement shall contain the following:

(1)

The legal description of the real property to be burdened by the easement and the real property to be benefited thereby.

(2)

The legal description or a scale drawing of the easement, showing the location of the easement on the restricted property.

(3)

The purpose for which the easement is granted.

(4)

The terms, conditions or limitations, if any, imposed upon the use of the easement.

(5)

An identification of the approval, permit or designation granted by the City which relied upon or required the covenant.

(6)

A statement that the easement is being created pursuant to this Section.

(c)

Execution and recording. The covenant of easement shall be duly executed by the owner of the real property to be restricted by the easement and shall be recorded in the office of the County Recorder.

(d)

Effect of recording. The covenant of easement shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2, Part 2, Division 2 of the State Civil Code, except that it shall not merge into any other interest in the restricted property. From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording laws of the State. Section 1104 of the State Civil Code shall be applicable to a conveyance of the real property benefited by the easement.

(e)

Common ownership required. At the time of recording the covenant of easement, all of the real property benefited or burdened by the covenant shall be in common ownership.

(f)

Enforcement. A covenant of easement executed and recorded pursuant to this Section shall be enforceable by the City and the successors in interest to the real property benefited by the covenant and shall be binding upon the successors in interest to the real property burdened by the covenant. Nothing in this Section shall create in any person other than the City and the owner of the real property benefited or burdened by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom.

(g)

Release of covenant. Upon the application of any person accompanied by a processing fee established by resolution of the City Council, or upon its own initiative, the Planning Commission may release an easement created pursuant to this Section if the Commission determines that such easement is no longer required to achieve the land use goals of the City. A public hearing shall be conducted on the proposed release and notice thereof shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the applicant, the respective owners of the property benefited or burdened by the easement, and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the easement. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. If the easement is released, a release of the covenant shall be executed on behalf of the City and recorded in the office of the County Recorder. The decision by the Planning Commission may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter.

(h)

Authority for Section. This Section is adopted pursuant to and for implementation of Article 2.7 (commencing with Section 65870) of Title 7, Division 1, Chapter 4, of the Government Code.

Conditions of approval designated as permanent or as remaining in effect for some specified period of time shall be applied in accordance with their terms. Provided, however, that for any parcel containing a structure that has been the subject of design review approval pursuant to Article 15-45 or 15-46 of the Saratoga City Code and that has received final approval from the Building Official executed on or after January 1, 2004, all new or modified structures, impervious surfaces, or landscaping (including changes to finish contours of the site as shown on the approved plans) built, installed, or otherwise implemented after 9:00 A.M., November 22, 2004 must be consistent with conditions of approval attached to the prior design review approval which are identified as permanent, or for which a term is specified, for such specified time period unless those conditions have been modified as set forth below, For the period of time between November 22, 2004 and November 22, 2006, all conditions of approval shall be deemed to have been identified as permanent.

(a)

Where the modification does not result in any exterior change to a structure or material change to an approved site plan, and does not otherwise violate or change any development condition relating to the project, the modification may be approved by the Building Official.

(b)

Where the modification involves any change to a condition imposed, or plans approved, pursuant to a prior design review approval, the modification shall be subject to approval by the Planning Commission if the prior design review was processed pursuant to Article 15-46 or Section 15-45.060 and subject to approval by the Community Development Director if the prior design review approval was processed pursuant to Section 15-45.065.

(c)

Any modification which is not described in either subsection (a) or subsection (b) of this Section shall be referred to the Community Development Director, for disposition as follows:

(1)

The change to a condition imposed, or plans approved, pursuant to a prior design review approval, shall be subject to approval by the Community Development Director, if the prior approval was processed pursuant to Section 15-45.065.

(2)

The change to a condition imposed, or plans approved, pursuant to a prior design review approval, shall be subject to approval by the Planning Commission, if the prior approval was processed pursuant to Section 15-45.060 or Article 15.46 if such change results in any material change to the project or any adverse impact upon the surrounding area; otherwise, the change may be approved by the Community Development Director. A material change shall include, but is not limited to, any ascertainable change in the size, height or elevations of a structure or its placement upon the site; any change in the approved elevation of a building pad; any ascertainable change in the location or design of access roads, driveways or parking areas; or any change in a specific requirement of an approved grading plan, drainage plan, erosion control plan or landscape plan.

(d)

Notwithstanding any other provision of the City Code or recorded conditions of approval, the Community Development Director may authorize a modification of a condition of a design review approval to allow new or modified structures, impervious surfaces, or landscaping (including changes to finish contours of the site as shown on the approved plans) that the Community Development Director determines in writing to be a minor change from the prior design review approval. The Community Development Director may make a determination that a change is minor after becoming aware of the change or the proposed change. If the Community Development Director does not determine a change to be minor, such change shall qualify as a violation of the City Code unless there has been compliance with this Section. Changes which the Community Development Director may determine to be minor may include, but are not limited to:

(1)

Addition or removal of accessory structures that are not visible from the street (such as swimming pools, decks, and gazebos) and that do not remove landscaping features intended to serve as screening;

(2)

Landscaping changes that are not visible from the street (such as replacing lawn with trees or shrubs) and that do not remove landscaping features intended to serve as screening;

(3)

Changes in the paint used on the exterior of the structure that will not during the life of the structure substantially change the appearance of the structure from that shown in the design review approval; and

(4)

Construction of fences or walls permitted by the Saratoga City Code.

(Ord. 246 § 2C, 2006; Ord. No. 320, § 1.F.27, 11-5-2014)

(a)

Definitions. For the purposes of this Section, the following words and phrases shall have the meanings specifically ascribed to them in this subsection, unless the context or provision clearly requires otherwise:

(1)

Person means any natural person, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

(2)

Tobacco paraphernalia means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco products.

(3)

Tobacco products means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

(4)

Tobacco retailer means any person who sells, offers for sale, exchanges or offers to exchange for any form of consideration, tobacco, tobacco products and/or tobacco paraphernalia; "tobacco retailing" shall mean the doing of any of these things whether exclusively or in conjunction with any other use.

(b)

Conditional use permits. Tobacco retailers are not allowed in any zoning district unless listed as a conditional use. In zoning districts where tobacco retailers are a listed conditional use, tobacco retailers may be allowed upon the granting of a use permit by the Planning Commission or Zoning Administrator pursuant to Article 15-55. In addition to the requirements of Article 15-55, conditional use permits for tobacco retailers must include the following conditions:

(1)

Tobacco products and/or tobacco paraphernalia shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.

(2)

The tobacco retailer shall comply with local, state, and/or federal laws regarding sales, advertising or display of tobacco products and/or tobacco paraphernalia including posting prominently near the cash register or other point of sale the legal age to buy tobacco products and/or tobacco paraphernalia, and checking the identification of all purchasers to ensure they are of legal age.

(3)

No person under eighteen years of age may sell or exchange tobacco products or tobacco paraphernalia.

(4)

Sampling of tobacco products by individuals under eighteen years of age shall not be permitted. Therefore, tobacco products shall not be given or sold to individuals under eighteen years of age.

(5)

Smoking shall be prohibited in a premises deemed a "tobacco retailer."

(c)

Limited density of tobacco retailers. Except as set forth in subsection (d), below, no tobacco retailer, not legally in existence as of the effective date of this Section, shall be granted a conditional use permit to operate on a site which is:

(1)

Within five hundred feet of a site occupied by another tobacco retailer;

(2)

Within one thousand feet of a site occupied by a public or private elementary, middle, or high school; or

(3)

Within one thousand feet of a site occupied by a City park.

All distances shall be measured in a straight line from the point on the parcel boundary of the proposed tobacco retailer nearest to the subject use (i.e., existing tobacco retailer, school, or park) to the nearest point on the parcel boundary of the subject use.

(d)

Planning Commission findings. A proposed tobacco retailer use that does not meet the criteria set forth in subsection (c) above, may be issued a conditional use permit by the Planning Commission if the Planning Commission (1) makes the findings specified in Section 15-55.070 of this Code and (2) finds that the tobacco retailer use is compatible with the surrounding neighborhood and located and designed in a manner that is sensitive to the proximity of schools, parks, medical facilities, and other tobacco retailers. If a proposed tobacco retailer use would ordinarily be subject to review by the Zoning Administrator, the use permit shall be considered by the Planning Commission in the first instance if, in the course of staff review of the permit application, it is determined that the proposed use does not meet the criteria set forth in subsection (c), above.

(e)

Existing tobacco retailers, procedure for administrative approval. If a tobacco retailer is legally in existence on October 16, 2009, the operator is not required to obtain a conditional use permit or satisfy the density requirements in subsection (d), above, as long as the operator applies for an Administrative Existing Tobacco Retailer Use Permit by April 16, 2010. The Director shall issue an Administrative Existing Tobacco Retailer Use Permit to any tobacco retailer legally in existence as of the date of enactment of this Section when the Director obtains a declaration from the tobacco retailer operator declaring that it will comply with the conditions in subdivision (b). No fee shall be charged for this permit.

(f)

Suspension or revocation of a use permit.

(1)

The suspension and revocation provisions set forth in this subsection apply to use permits granted under both subsections (b) and (d).

(2)

Grounds for suspension or revocation. In addition to any basis for suspension or revocation under Article 15-55, a tobacco retailer's use permit status shall be suspended or revoked if the Director finds, after notice and opportunity to be heard, any of the following:

a.

That the permit holder has violated any of the use permit conditions of approval, including without limitation the conditions set forth in subsection (b) of this section; or

b.

That the permit holder has violated any local, state or federal law governing the sale, advertisement or display of tobacco products or tobacco paraphernalia.

(3)

Suspension shall suspend the privilege of tobacco retailing for a stated period pursuant to subsection (4) of this subsection. Revocation shall be without prejudice to the filing of a new application for a conditional use permit following correction of the conditions that required the revocation.

(4)

Suspension or revocation of CUP. If the Department finds that there are grounds for the suspension of a CUP, the following sanctions shall be imposed:

a.

A first violation of this Section shall result in a thirty-day suspension of the right to sell tobacco products and tobacco paraphernalia.

b.

A second violation of this Section within a sixty-month period shall result in a ninety-day suspension of the right to sell tobacco products and tobacco paraphernalia.

c.

A third or subsequent violation of this Section within a sixty-month period may result in a revocation of the right to sell tobacco products and tobacco paraphernalia.

(5)

Appeal of suspension and/or revocation. The decision of the Director is appealable to the Hearing Officer pursuant to Section 3-15.070 of this Code, provided that any appeal must be filed within ten days of receipt of the Director's decision. An appeal shall stay all proceedings in furtherance of the appealed action.

(g)

Enforcement.

(1)

Violations of this Section and any use permit issued hereunder are hereby declared to be public nuisances.

(2)

In addition to other remedies provided by this Section or by other law, any violation may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, unfair business practice proceedings under Business & Professions Code Section 17200 et seq., and suits for injunctive relief. The remedies provided by this Section are cumulative and in addition to any other remedies available at law or in equity.

(Ord. No. 274, § 2(att. A), 10-7-2009; Ord. No. 307, § 1.C.24, 10-16-2013)

(a)

Definitions. For purposes of this Section, "Commercial marijuana land use" means any place, location, building, structure, or establishment where commercial marijuana activity, as defined in Section 6-30.020(a), occurs. The definition of terms in Section 6-30.020 apply to the same terms used in this Section.

(b)

Prohibition of use. Commercial marijuana land uses, the outdoor cultivation of marijuana, and the indoor cultivation of marijuana (except indoor cultivation for personal use as provided in Section 6-30.040(b)), shall not be permitted in any zoning district.

(c)

Enforcement.

(1)

Violations of this Section are hereby declared to be public nuisances and determined to be an immediate hazard to the public health, safety or welfare for purposes of Article 3-20 (Emergency Nuisance Abatement Procedure) of this Code.

(2)

Enforcement of this Section shall be conducted pursuant to Section 6-30.050 of this Code.

(Ord. No. 286, § 1, 7-6-2011; Ord. No. 354, § 1(Exh. A), 12-20-2017)

(a)

Purpose and applicability. Incentives are intended to encourage the consolidation of lots into larger development sites to achieve the scale and quality of development envisioned for the subject zoning districts. Incentives apply to consolidation of lots as part of an application for mixed-use or multi-family development in the M-U, P-A, C-N, C-V, and C-H zones, provided at least one of the consolidated lots is less than one-half acre and that the resulting development site is larger than one-half acre. Lot consolidation shall be processed pursuant to Article 14-65, Merger of Parcels.

(b)

Incentives for lot consolidation in the M-U, P-A, C-N, C-V, and C-H zones are as follows:

(c)

Consolidation agreements. The City Council is authorized, in its discretion, to approve by resolution agreements with project applicants providing different incentives on a case-by-case basis, such as increased building height, vacation of alleys, reductions in processing fees, in-lieu fees, or utility connection fees.

(Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 406, § 1(Att. 1, § 12), 3-5-2025)

A housing development project proposed on a site that (i) is identified on the Housing Sites Inventory (shown in Figure 6-2 of the Housing Element of the Saratoga General Plan) and (ii) contains or contained housing of the type described in subsection (a) shall replace that housing as described in subsection (b).

(a)

This section shall apply to sites described in clause (i) above that either:

(1)

Contain rental dwelling units; or

(2)

In the five year period preceding the application contained rental dwelling units that (A) were vacated or demolished in that period and (B) were either (i) subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to persons and families of lower or very low income; (ii) subject to any other form of rent or price control; or (iii) occupied by lower or very low income households.

(b)

A development subject to this section shall replace the units described in subsection (a) in the manner required by Government Code section 65915(c)(3)(B).

(c)

Terms used in this section and not otherwise defined herein shall have the meaning set forth in Government Code section 65915.

(Ord. No. 403, § 1(Exh. A, § 17), 7-3-2024)

Editor's note— Ord. No. 403, § 1(Exh. A, § 17), adopted July 3, 2024, set out provisions intended for use as 15-80.150. Inasmuch as there were already provisions so designated, said section has been codified herein as § 15-80.160 at the discretion of the editor.

(a)

Purpose, application. Where a protected creek passes through or along a building site or is otherwise located on the site, and in order to provide for the future protection of creeks, including creek banks and riparian habitat, a creek protection easement shall be required as set out in City Code section 14-25.065, and building setbacks for any new construction shall be measured from the top of the creek bank(s) away from the water course on the site rather than from the property lines of the site. The required setback shall be the minimum setback prescribed for the applicable zoning district.

(b)

Existing structures. Any existing structure, which encroaches into the creek protection setbacks, shall be considered nonconforming, and shall be regulated by Article 15-65, Nonconforming Uses and Structures. Any new addition to an existing structure shall comply with the creek protection setback requirements.

(c)

Accessory structures. Accessory structure may be permitted within a creek protection setbacks subject to compliance with the special rules as set forth in Section 15-80.030 of this Chapter.

(d)

Location of top of creek bank. The site plans for the proposed new construction shall show the location of the top of the protected creek bank. "Creek bank" means the sides of a watercourse, the top of which shall be the topographic line roughly parallel to stream centerline where the side slopes intersect the plane of ground traversed by the watercourse. Where creek banks do not distinguishably end, the City or Santa Clara Valley Water District shall determine the top of such banks.

(Ord. No. 406, § 1(Att. 1, § 12), 3-5-2025)