Title 14 — ZONING

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Title 14 - ZONING

Chapters:

Chapter 14.01 - ADMINISTRATION OF ZONING

The intent and purpose of this chapter is to establish regulations for the effective and efficient implementation of this Code. This chapter contains the procedures for the interpretation of the Code,

criteria for acceptance of applications for ministerial, administrative, and discretionary actions, standards for processing of applications and requirements for the notice and conduct of public hearings. This chapter will work to the benefit of all in the community by providing for the comprehensive management and implementation of this Code.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

A.

Designation and Authority of Zoning Administrator.

1.

The development services director shall serve as the zoning administrator for the City of Los Altos. The development services director may designate the development services deputy director to serve as the zoning administrator in their absence.

2.

The zoning administrator is hereby charged with the duty of providing interpretations of the Zoning Code.

3.

The interpretations of the zoning administrator are subject to the adopted land use regulations of the City of Los Altos and all federal and state laws.

4.

The zoning administrator shall resolve any inconsistencies and conflicts within Title 14 of the Los Altos Municipal Code to ensure adherence to the purpose and intent of this code is implemented.

5.

The zoning administrator shall have the authority to refer any discretionary application to the planning commission for consideration when it is determined necessary.

B.

Designation and Authority of Planning Commission.

1.

The planning commission designation and authority shall be the same as contained within Chapter 2.08 of the Los Altos Municipal Code.

C.

Enforcement of this Code.

1.

When any use or structure is found to be in violation of the provisions of this Code, the zoning administrator may refer the violation to the city attorney to commence appropriate civil, administrative, or criminal proceedings for the discontinuation or removal of the illegal use or structure in the manner prescribed by law.

D.

Investigation or Inspection of Property.

1.

Any authorized city official may enter any premises, building, or structure at any reasonable hour, after either obtaining the consent of the owner or other responsible individual or pursuant to an inspection warrant, for investigation or inspection of such premises, building, or structure to determine whether said building, premises, or structure is in violation of this Code. Any person who denies, prevents, obstructs or attempts to deny, prevent, or obstruct such access pursuant to an inspection warrant is guilty of a misdemeanor.

E.

Penalty for Violation of the Code.

1.

Penalty for violation of the Code is described in Los Altos Municipal Code, Title 1 Chapters 1.20 and 1.30.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

Submittal of discretionary applications for review by the City of Los Altos shall be limited to one project per site at any one time. Subsequent discretionary applications may be applied for however, multiple separate discretionary applications are not allowed until completion, or withdrawal of a prior request.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

A.

Upon submittal of a development application by an applicant, in accordance with the Permit Streamlining Act, the development services department shall have thirty (30) days to review the development application to determine if the application is complete. Prior to the end of that thirty (30) day period, the city shall notify the applicant in writing of any deficiencies in the application which make the application incomplete. This provision shall not apply to legislative actions by the city.

B.

If an applicant is notified in writing that a development application is incomplete, the applicant shall have one hundred eighty (180) days from the date of notification to revise and resubmit the application. If the applicant fails to revise and resubmit the application within the said one hundred eighty (180) day period, the application shall be deemed withdrawn. Thereafter, a resubmittal of an application for the same site shall constitute a new development application subject to the payment of new fees and commencing a new timeline for city action on the project.

C.

The zoning administrator, at their sole discretion, upon written request by the applicant prior to the end of the one hundred eighty (180) day period may provide a one-time extension of sixty (60) days.

D.

The zoning administrator or their designee may send a courtesy notice to the applicant that if an incomplete application is not rectified by the submittal of additional information necessary to make the application complete, that the application will be deemed to be withdrawn. However, this notice is strictly a courtesy to an applicant and failure by the city to send, or the applicant to receive such notice shall not operate to negate the effective withdrawal of the application.

E.

When a final action on any given application is a denial and conditions surrounding that application have not substantially changed, the zoning administrator shall reject any new applications for any identical or substantially similar proposal for a period of twelve (12) months from the final action date on the original application. There shall be no limitation on subsequent applications for a site on which a project was denied without prejudice.

F.

The provisions of Government Code Section 65920 are applicable to city actions in processing development applications but are not applicable to legislative actions of the city.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

A.

Expiration. Unless otherwise approved in the conditions of approval, any planning permit or entitlement shall expire in two years if the project has not been established on the site.

1.

If the project authorized by the permit or entitlement has not been established within the required time, and a time extension is not granted, the permit shall expire and be deemed void without any further action by the city.

2.

An approved project shall be deemed to have been established when: a building permit has been issued; an approved use that does not require construction has commenced; a map required by the Subdivision Map Act related to the project has been filed and recorded.

B.

Extensions. A discretionary permit may be extended in accordance with the following provisions:

1.

An application, consisting of a written letter requesting an extension, shall be submitted a minimum of thirty (30) days prior to the expiration date of the subject discretionary permit. Request for extension shall be denied if received after the expiration date.

2.

A fee, in accordance with the annual fee resolution adopted by the city council shall be submitted with the letter.

3.

The zoning administrator may administratively grant a one-time extension for a maximum of twelve (12) months.

4.

A request for extension may be approved, conditionally approved or denied. An action to conditionally approve or deny a request for extension may be based on the existence of new requirements or standards which were not in effect at the time of the original approval. Such requirements or standards may be

contained in the city's Zoning Code or in the Municipal Code, including the Health, Safety and Building Codes.

5.

While the discretionary permit is deemed active during the consideration of an extension request, if the expiration date has passed, the permit may not be implemented unless and until the extension request has been approved.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

14.01.060 - Fees and deposits.

A.

Filing Fees and Deposits.

1.

Each applicant for an Amendment, Zone Changes, Conditional Use Permit, Variance, Design Review Permit, or other entitlement or relief provided for in this Code shall pay the fees and costs established by Resolution of the city council upon the filing of an application such entitlement or relief. Said Resolution may be periodically amended by resolution to reflect the cost of processing such applications.

2.

An application shall not be accepted until all required fees have been paid.

B.

Waiver of Fees. The city council may provide for the reduction of filing fees that have been established by Resolution of the city council. City-sponsored applications shall be exempt from the payment of processing fees.

C.

Refunds. The following provisions apply when full payment has been made for an application or when an application is withdrawn:

1.

If any application is withdrawn within thirty (30) days from the date the application is filed, the city shall refund fifty (50) percent of the fees paid. This provision shall not apply to any required consultant services provided for the application review and paid by deposit or reimbursement to the city.

2.

If any application is withdrawn after thirty (30) days from the date the application is filed, the city shall refund twenty-five (25) percent of the fees paid. This provision shall not apply to any required consultant services provided for the application review and paid by deposit or reimbursement to the city.

No refund shall be made after the notice of hearing has been published.

4.

If the application fee is a deposit based on an hourly rate, the refund will be the difference between the time expended by the city and the amount of the deposit.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

14.01.070 - Amendment and modifications to discretionary permits.

An approved discretionary permit may be amended or modified if the amendment is found to further the purposes of the Zoning Code and applicable state law(s). An amendment request shall be filed prior to the expiration date of the previously approved permit. The zoning administrator make one of the following determinations regarding the request:

A.

Minor Amendments. If requested amendments are found to be minor in nature and in substantial conformance with the prior discretionary approval by the zoning administrator, the amendments may be approved administratively.

B.

Major Amendments. If the zoning administrator determines that the requested amendments are significant enough to require a discretionary review, then the amendments shall be referred to the original decisionmaking authority. If the original application for the project required a public hearing, then the original decision-making authority's review of amendments shall require a public hearing in accordance with Title 14 of the Los Altos Municipal Code.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

14.01.080 - Amendments to land use documents.

A.

Scope of Amendments. Amendments may be proposed to change zoning districts, modify district boundaries or to revise the provisions of Title 14 to add, remove, or modify regulations. Amendments may be filed to add, remove, or modify the goals and policies of the general plan or to change the land use designations therein.

B.

Amendment Initiation. Legislative action such as, general plan amendments, zone change amendments, and zone text amendments and may only be initiated by the city council, or zoning administrator and implemented by adoption of a resolution or ordinance of the city council.

Any person who can demonstrate an ownership interest in real property located within the City of Los Altos may request general plan amendment(s), zone change amendment(s), and zone text amendment(s) to the zoning administrator. The request shall be:

a.

Provided in writing to the zoning administrator. The zoning administrator will review said request and may require additional information to understand the potential impacts associated with the request.

b.

The zoning administrator will take the written request to the city council for consideration. The request shall be:

i.

Authorized or denied to submit a formal application for formal consideration.

C.

General Plan Amendments.

1.

Frequency of amendments. No mandatory element of the general plan shall be amended more frequently than four times during any calendar year.

2.

Planning commission recommendation. The Planning commission shall hold at least one public hearing and make a recommendation on the adoption of an amendment to the general plan. The planning commission shall forward its recommendation to the city council.

3.

Public hearing. A general plan amendment requires at least one public hearing before the city council.

4.

Amendment by resolution. The city council shall adopt amendments to the general plan and general plan land use map by resolution. The city council may approve, modify, or disapprove the recommendation of the planning commission.

D.

Zoning Code Amendments.

1.

Types of amendments. There are two types of amendments to the Zoning Code including:

a.

Zone text amendment — a revision, correction, addition or modification to the text of the Zoning Code, including changes to development standards, use regulations or procedures.

b.

Zone change — a change to the zoning designation of a property or properties on the Zoning Map.

2.

Planning commission recommendation. The planning commission shall hold at least one public hearing and make a recommendation on the adoption of a zone text amendment or zone change. The planning commission shall send its recommendation to the city council.

3.

City council consideration. The city council shall hold at least one public hearing for any zone text amendment or zone change. The city council may approve, modify, or disapprove the recommendation of the planning commission.

a.

Amendment by ordinance. The city council shall adopt amendments to the Zoning Code or Zoning Map by ordinance.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

A preliminary review is a request for a pre-submittal evaluation of a project. A preliminary review is not required; however, it is encouraged [for] complex changes in development or land use. The preliminary review will assess the site and architectural design of the proposed project. In addition, this review will consider general plan consistency, development standards, and land use compatibility. The objective of this exercise is to provide the applicant with a sense of the issues that need to be addressed in the formal application. The preliminary review process is not intended and cannot be used as a process to determine the ultimate decision on the formal application. Information gathered through this process can be used to determine whether a formal application should be filed.

A.

Review Levels. There are two levels of preliminary review available to a prospective applicant, described as follows:

1.

Staff level review. Staff level review involves an informal assessment of the proposed project by the development services and public works staff. This review provides the applicant with an opportunity to receive preliminary comments from the departments who will ultimately make recommendations on a formal application. Staff will provide written comments on the preliminary review.

2.

Planning commission review. Preliminary review by the planning commission is a more formal option available to the applicant. This process is more appropriate for projects which may involve more significant issues of sensitivity or compatibility, or qualitative interpretations of city policy. Through this process, a brief assessment will be prepared by staff to identify the issues pertinent to the proposed project. The applicant will have the opportunity to present the proposal directly to the planning commission. Preliminary reviews are considered by the planning commission as a discussion item at a regular meeting. The planning commission is legally limited in the type and amount of input they can provide at this level. Typically, comments are focused on the identification of potential issues which may be raised during consideration of a formal submittal. General feedback on how key issues or policies might apply to the project may also be provided.

B.

Fees. Accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the city council.

C.

Submittal Requirements.

1.

Electronic plans shall be submitted and include a site plan, floor plan(s), building elevation(s), and any other relevant exhibits.

2.

Written project proposal explanation to describe the intended development use, function of the site, and its compliance with the general plan and zoning standards or its reliance on any state law(s).

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

14.01.100 - Appeal procedures.

A.

Decisions May be Appealed.

1.

Any decision rendered under regulations contained within Title 14 of the Los Altos Municipal Code by the development services department staff (administrative discretion) may be appealed by the applicant, or property owner or resident of property within a three hundred (300) foot radius of the subject property. Appeals of decisions by the development services department staff (administrative discretion) shall be heard by the zoning administrator; the decision of the appeal by the zoning administrator shall be final.

2.

Any decision rendered under regulations contained within Title 14 of the Los Altos Municipal Code by the zoning administrator may be appealed by the applicant, or property owner or resident of property within a three hundred (300) foot radius of the subject property. Appeals of decisions by the zoning administrator shall be heard by the planning commission; the decision of the appeal by the planning commission shall be final.

3.

Any decision rendered under regulations contained within Title 14 of the Los Altos Municipal Code by the planning commission may be appealed by the applicant, the city council, any property owner or resident of property within a three hundred (300) foot radius of the subject property. Appeals of decisions by the planning commission shall be heard by the city council; the decision of the appeal by the city council shall be final.

B.

Appeal Contents and Filing Procedures. Appeals must:

1.

Be made no later than fourteen (14) calendar days after the rendering of the decision being appealed; and

2.

Be filed in-person with the city clerk; and

3.

Be filed in writing and clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal, and

a.

Appeals of a housing development shall only be allowed and based on objective standards consistent with state law.

4.

Accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the city council.

C.

Notice of Appeal Hearings. Notice of an appeal hearing shall conform to the same public hearing notice requirements of the project being appealed. The appellant shall be responsible for all noticing materials required in the original application.

D.

Date of Appeal Hearings. The date of an appeal hearing shall be determined by the chair of the hearing body.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

A.

Revocation or Modification of Entitlements. The zoning administrator or planning commission, on its own motion or by direction from the city council, may recommend, and the city council may approve the revocation and/or modification of any previously approved application or granted entitlement, after holding a properly noticed public hearing on the matter where any of the following findings are made:

1.

That the approved application or entitlement was obtained by fraud; or

2.

That the approved application or entitlement is not being exercised; or

3.

That the approved application or entitlement has ceased or has been suspended for a period of time and is causing detriment to the public health, safety and welfare or constitutes a public or private nuisance; or

4.

That the use for which the approved application or entitlement was granted or permitted is being or has been operated or used contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law, or regulation; or

5.

If any provision of an approved application or entitlement is held or declared invalid, the approved application or entitlement shall be void and all privileges granted thereunder shall lapse.

B.

Notice of Action.

1.

Notice of the action taken by the city council at a hearing for a revocation or modification of an approved application or entitlement shall be sent by certified mail, return receipt requested, to the person owning and operating the property, structure, or use.

2.

Notification of the action by the city council shall be made by serving a notice in the manner required by law.

C.

Effective Date of Revocations and Modifications. An order by the city council revoking or modifying an entitlement shall become effective immediately.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

A.

Intent and Purpose. Standards may be administratively modified by the zoning administrator to permit development on property, which is constrained due to lot size, shape, location, access restrictions, physical constraints or other constraints. Administrative modifications are used only when deviations from Code standards are truly minor, and no potential impact will occur to the health, safety or general welfare of adjacent persons or properties will occur.

B.

Authority of the Zoning Administrator. The zoning administrator shall have the authority to approve, conditionally approve, or deny an application for an administrative modification pursuant to the following limitations:

1.

Reduction of required lot area, minimum floor area, setbacks, courts or open areas, landscaped areas, wall or fence heights, distance between buildings or size and location of parking spaces required by the Zoning Code, reductions shall not be greater than ten (10) percent of the standard being modified.

C.

Procedure for Administrative Modifications.

1.

The development services department shall review the application and shall determine whether the application is complete and whether the application qualifies as an administrative modification within thirty (30) days of the application date.

2.

An administrative modification of standards shall be processed as a design review permit reviewed by the zoning administrator.

Notice of the administrative modification shall be provided to property owners within a three hundred (300) foot radius of the subject site and shall be considered at a regular meeting of the zoning administrator.

D.

Administrative Modifications Allowance. Only one administrative modification of standards shall be granted per property within the city.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

Unless otherwise specified, the following public notice requirements shall be required of any discretionary application required by Title 14. In the event that there are two public notice requirements which are in conflict, the more stringent notice requirements shall be required.

A.

Notice of public meetings before the zoning administrator, planning commission, or city council shall be provided pursuant to Government Code Section 65091. Notice of public meetings shall be given at least ten (10) days prior to the date of the meeting by all the following methods:

1.

Mailing of notices via first-class mail to all property owners within three hundred (300) feet of the project site at the mailing address on record with the county assessor; and

2.

Posting of a notice on the project site in accordance with the standards set by the development services director; and

3.

All meetings before the planning commission and/or city council conducted under this section, excluding study sessions, shall be noticed separately and conducted as public hearings and shall satisfy all notification requirements applicable to public hearings, including a notice published in a newspaper of general circulation within the city.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

Except as otherwise provided by law, an applicant who receives a permit, license, entitlement, or other approval pursuant to Title 14 of the Los Altos Municipal Code shall defend, indemnify, and hold harmless the City of Los Altos and its officials and employees in any action brought by a third party to overturn, set aside, or void such permit, license, entitlement, or approval. This duty to defend, indemnify, and hold harmless the City of Los Altos and its officials and employees is a condition of approval of all such permits, entitlements, licenses and approvals whether or not expressly set forth in such permit, license, entitlement, or approval.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

Notwithstanding any other lawful exemptions to zoning regulations, the provisions of this title shall not apply to any buildings, improvements, lots or premises, owned, leased, operated or controlled by the city or any city project for public purposes by the City of Los Altos.

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

Except as otherwise specifically provided, no provision of this zoning ordinance shall be construed as relieving any party to whom a discretionary approval is issued from any other provision, ordinance, rule or regulation of the city requiring a license, franchise, or permit to accomplish, engage in, carry on, or maintain a particular business, enterprise, occupation, transaction, use or structure(s).

(Ord. No. 2024-519, § 1(App. A), 12-10-2024)

In the interpretation and application of the provisions of this Zoning Code, it shall be declared to be a permissive code. Any use not specifically permitted or otherwise provided for, is not permitted. Any development standard or improvement not specifically identified within this code or otherwise provided for, is not permitted. The provisions of this Zoning Code, as most recently amended, shall be held to be the minimum requirements. Administration of Title 14 is prescribed in Section 14.01.020 of this Code.

(Ord. No. 2025-536, § 1(App. A), 7-8-2025)

Chapter 14.02 - DEFINITIONS[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 2024-519, § 2(App. B), adopted Dec. 10, 2024, repealed the ch. 14.02 and readopted a new ch. 14.02 to read as set out herein. The former ch. 14.02, §§ 14.02.010—14.02.070 pertained to general provisions and definitions, and derived from Prior code § 10-2.101—10-2.105, 102.108; Ord. 04-267 § 1; Ord. 05-280 § 1; Ord. 05-285 § 1; Ord. 05-270 § 1; Ord. 05-271 § 1; Ord. 07-306 §§ 1, 4 (part); Ord. 08-329 § 1; and Ord. No. 2022-485, § 2, adopted March 8, 2022.

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

"Abut" means two adjoining parcels of property with a common property line. Where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures not less than eight feet in a single direction.

"Accessory dwelling unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code section 17958.1, and a manufactured home, as defined in California Health and Safety Code section 18007. Formerly referred to as "second living unit."

"Accessory structure" means a building that is incidental to and customarily associated with a specific principal use or facility and is not utilized as sleeping quarters.

"Advertising structure" means any notice of advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size and shape, for the purpose of making anything known, the origin or place of sale of which is not on the property with such advertising structure.

"Affordable housing unit" means a for-sale or rental dwelling unit affordable to households with extremely low, very low, low, or moderate incomes as published periodically by HCD for households in Santa Clara County.

"Agriculture" means the tilling of the soil or the raising of crops as a commercial operation.

"Alley" means a public or private right-of-way permanently reserved as a means of access to an abutting property.

"Alter" means to make a change which will prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders.

"Animal clinic" means a place where the public may obtain examinations, prescriptions, and treatment for small animals. Major surgery or confinement overnight shall be limited to emergency cases only.

"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

"Apartment" shall mean, for the purposes of this chapter only, a dwelling in a structure designed or used to house four or more families living independently of each other.

"Approving authority" means the legislative body, commission, committee, or official of the city designated under the provisions of this title as having the authority to approve or deny a particular type of application.

"Arcade" means any business establishment in which there are more than three game machines as defined in this section which are available for use by the public or by business invitees, or both.

"Art Galleries" means a business or place which displays a variety of art and/or artifacts for viewing or purchase.

"Attic" means the unfinished level between the ceiling of the top floor and the roof and enclosed by walls. Attic shall be an uninhabitable area and is excluded from the definition of a "story."

"Balcony" means a platform that extends from an upper floor of a building and is enclosed by a parapet or railing and has no roof.

"Banks (commercial)" means financial institutions including federally-chartered banks, savings and loan associations, industrial loan companies, and credit unions providing retail banking 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.

"Basement" means living or storage area which is constructed wholly underground, meaning below the exterior finished grade on all sides, with no more than twenty (20) percent of the lineal footage of the exterior wall broken by light wells, no light well wider than four feet and no light well within four feet of another light well.

"Bay window" means a large window or series of windows cantilevered from the outer wall of a building and forming a recess within.

"Below Market Rate Unit" shall have the same meaning as "Affordable housing unit."

"Board-formed concrete" means concrete that has textured patterns on its finished surfaces that retain the wood grain of boards or molds used to form the wet concrete.

"Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.

"Building frontage" means that portion of a building located adjacent to a street.

"Bulk reverse vending machine" is a reverse vending machine that is larger than fifty (50) square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

"Business and Professional Offices" shall have the same meaning as "office-administrative."

"Business, professional, and trade school" means a use, except a college or university, providing education or training in business, commerce, language, or other similar activity or pursuit, and not otherwise defined as a home occupation or private educational facility.

"Cannabis" means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term "cannabis" shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of the California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7

to 11362.83 (Medical Marijuana Program Act). "Cannabis" includes marijuana as defined by Section 11018 of the Health and Safety Code, and includes "cannabis" as defined in Business and Professions Code, Section 26001. For purposes of this code, the terms "marijuana" and "cannabis" may be used interchangeably.

"Cannabis cultivation" means growing, planting, harvesting, drying, curing, grading, trimming, or processing of cannabis, regardless of whether there is an intent to produce, distribute, or sell the resulting product commercially.

"Cannabis delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

"Cannabis distribution" means the procurement, sale, and transport of cannabis and cannabis products and any other activity allowed under the state distributor license(s), including, but not limited to, cannabis storage, packaging, quality control and collection of state cannabis taxes.

"Cannabis manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Cannabis manufacture includes the production, preparation, propagation, or

compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.

"Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Cannabis products include "cannabis products" as defined in Business and Professions Code, Section 26001.

"Cannabis retailer" means a facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale to customers, including an establishment that delivers cannabis and cannabis products as part of a retail sale or conducts sales exclusively by delivery. For purposes of this code, the term "cannabis retailer" includes microbusinesses, nonprofits licensed under Business and Professions Code, Section 26070.5, and any other state license designation that authorizes distribution, whether for free or in exchange for any consideration, of cannabis and/or cannabis products to individual customers. For purposes of this code, "cannabis retailer" also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to the Compassionate Use Act (Health and Safety Code, § 11362.5) and/or the Medical Marijuana Program (Health and Safety Code, § 11362.7 et seq.), as may be amended.

"Cannabis testing laboratory" means a facility, entity, or site in the state that offers or performs tests of cannabis or cannabis products and that is both accredited by an accrediting body that is independent from all other persons involved in the medical cannabis industry in the state, and licensed by the Bureau of Cannabis Control.

"Carport" means a covered area open on two or more sides designed for the storage of not more than three automobiles.

"C District" means any zone district with a commercial designation.

"Chamfered corner" means a building corner which is cut back at a forty-five (45) degree diagonal from the primary façade to provide a corner surface at least eight feet in length.

"Church" shall have the same meaning as "Religious institution."

"Cocktail lounge" means a business establishment which has, as its primary business, the sale of alcoholic beverages for consumption on the premises and where, if food is served, it is incidental to the sale of beverages.

"Collection facility" means a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment, except as indicated in Chapter 14.68. Collection facilities may include the following:

1.

Reverse vending machine(s);

2.

Small collection facilities that occupy an area of not more than five hundred (500) square feet and may include:

a.

A mobile unit,

b.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet,

c.

Kiosk type units which may include permanent structures, and

d.

Unattended containers placed for the donation of recyclable materials; and

3.

Large collection facilities that may occupy an area of more than five hundred (500) square feet and may include permanent structures.

"Commercial cannabis use" includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis retailers, cannabis delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult-use, and whether or not such activities are carried out for profit. "Commercial cannabis use" includes "commercial cannabis activity" as defined in Business and Professions Code, Section 26001, and includes any activity that requires a license from a state licensing

authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Business and Professions Code, Division 10, as may be amended. "Commercial cannabis use" does not include possession or indoor cultivation of cannabis for personal use that is not sold and in strict accordance with Health and Safety Code, Section 11362.1 et seq.

"Commercial recreation" means a use providing recreation, amusement, or entertainment services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar services, operated on a private or for-profit basis, but excluding uses defined as outdoor recreation services. Commercial recreation also includes art, dance, music, and fitness studios and health clubs that exceed seven thousand (7,000) gross square feet.

"Community housing" and "community housing project" shall mean and include the following:

1.

"Residential condominium" as defined in Section 783 of the Civil Code of the state: an estate of real property consisting of an undivided interest in common areas, together with a separate right of ownership in space;

2.

"Community apartment" as defined in Section 11004 of the Business and Professions Code of the state: containing two or more rights of exclusive occupancy, excluding nonconforming uses;

3.

"Residential planned development" as defined in Section 11003 of the Business and Professions Code of the state: a plan consisting of distinguishable use activity areas, including separately owned parcels of land with contiguous or nearby property owned in common; and

4.

Stock cooperative as defined in Section 11003.2 of the Business and Professions Code of the state: property consisting of dwelling units owned by a corporation whereby the tenants are the shareholders of the corporation.

"Country Club" means a private club operated for profit, maintaining and operating but not limited to, a golf course and other associated recreational activities both indoors and outdoors.

"Coverage" means the percentage of net site area covered in structures in excess of six feet in height measured to the outside surfaces of exterior walls and the perimeter of any supports, coverage does not include uncovered porches, verandas, balconies, alcoves, or other similar elements, which are uncovered and open on at least one side.

"Cul-de-sac" means any street having but one outlet for vehicular traffic.

"Daycare facility" means any group day care program, except regular elementary schools. Included are day nurseries, nursery schools, preschools, playgroups, and after-school groups.

"Daylight plane," for lots seventy (70) feet or greater in width, means an inclined plane beginning at a stated height above grade at each side property line and extending perpendicularly from the side property line into the site at a stated upward angle relative to the horizontal. For lots less than seventy (70) feet in width, the daylight plane begins at a stated height above grade at each second story setback line.

"District" means a portion of the incorporated area of the city within which certain regulations common to such portion controlling land use, site area, coverage, yards and other open spaces, height of structures, and other physical development standards apply under the provisions of this chapter.

"Drive-through facility" means any business or service that involves transactions between an attendant and a customer in a vehicle, including drive-in restaurants and car washes.

"Dwelling" means a structure containing one or more rooms and one kitchen designed for human occupancy.

"Emergency shelter" means housing with minimal supportive services for homeless persons in accordance with Health and Safety Code 50801 that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

"Enclosed accessory structure" means a structure with three or more walls, or an equivalent percentage of enclosure for an area with more than four walls, and a solid roof.

"Façade" means the exterior wall on any side of a building.

"Floor area ratio" means the maximum ratio of gross floor area on a site to the total site area.

"Frontage" means the property line(s) of a site abutting on a street.

"Game machine" means any device, game or contrivance, including but not limited to pinball machines, video games, computer games, electronic games, slot machines, and similar machines and devices for which a charge or payment is received for the privilege of playing, using or operating the same and which, as the result of such use, operation or playing, does not entitle the person using, operating or playing the same to receive equivalent value in the form of tangible merchandise; excepting, however, pool tables and shuffleboard games.

"Garage" means an accessory structure, or a portion of a main structure designed for the storage of automobiles.

"General hospital" means any building, or portion thereof, used for the accommodation and medical care of sick, injured, or infirm persons, including sanitariums, alcoholic sanitariums, and institutions for the cure of chronic drug addicts and mental patients.

"Grade" means the elevation of the ground surface.

"Grade, adjacent" means the average elevation of the ground immediately next to an existing or proposed structure. Average grade shall include the average elevation along the entire building elevation of an existing or proposed structure.

"Grade, finished" means the elevation of the ground after the completion of a project.

"Grade, natural" means the elevation of the ground which exists prior to the start of any site preparation, grading, or construction related to the project being proposed.

"Gross floor area" means the total floor space under roof of all floors of a building measured to the outside surfaces of exterior walls, finishes, windows and doors including halls, stairways, elevator shafts, ducts, service and mechanical equipment rooms, interior courts, garages, enclosed accessory structures, and carports. In the case of a sloped ceiling or ground surface, the floor area shall be measured to the point at which the interior height is five feet. "Gross floor area" does not include: porches, verandas, balconies, alcoves, or other similar elements, which are open on at least one side; basements or attic areas; unenclosed accessory structures; exterior roof overhangs or chimney projections; porte cocheres; interior heights less than five feet; or structures under six feet in height.

"Gross site area" means the total horizontal area included within the property lines of a single site.

"Height of buildings" means the vertical height of a structure measured as provided in the specific regulations of the zoning district, and as provided in Section 14.66 for all other zoning districts unless otherwise specified.

"Height of fences and walls" means a vertical line from the highest point of the fence or wall to a point directly below. Where a fence is constructed upon a retaining wall, the height of the fence shall be the vertical distance measured from the top of the fence to the highest adjacent grade.

"Home occupation" means an occupation carried on in a home, provided no assistants are employed and provided such use is conducted within a dwelling and carried on by the occupants of the property, and is clearly incidental to the residential use of the dwelling, and does not change the residential character or appearance of the dwelling or adversely affect the uses permitted in the residential district of which it is a part, and wherein no product, other than those produced on the premises, is sold and no mechanical equipment is used, other than that necessary for domestic purposes, and where there is no indoor or outdoor storage of materials, equipment, and/or supplies, other than those necessary for domestic purposes. Home occupations shall be limited to a maximum of eight visitors a day which include clients and deliveries to and from the property.

"Horticulture/floriculture" means the growing of fruits, vegetables, or ornamental plants as a commercial operation.

"Hotel" means a structure in which there are three or more guest rooms or suites, where lodging with or without meals is provided for compensation, and where provisions for cooking may or may not be provided in any individual guest room or suite.

"Housing unit, nontransient" means a dwelling, mobile home or trailer, single room, or group of rooms that is occupied as separate living quarters for a period of more than thirty (30) consecutive days or, if vacant, intended for occupancy as separate living quarters for a period of more than thirty (30) consecutive days. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have direct access from outside the building or through a common hall.

"Housing unit, transient" means a dwelling, mobile home or trailer, single room, or group of rooms that is occupied as separate living quarters for a period of thirty (30) consecutive days or less or, if vacant,

intended for occupancy as separate living quarters for a period of thirty (30) consecutive days or less. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have direct access from outside the building or through a common hall.

"Industry" means the manufacture, fabrication, processing, reduction, or destruction of any article, substance, or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, including storage elevators, truck storage yards, warehouses, wholesale storage, and other similar types of enterprise.

"Interior courts" as used herein means an area within the structure enclosed on all sides.

"Kennel" means any lot or premises on which four or more dogs and cats at least four months of age are kept, boarded, or trained, whether in special buildings or runways.

"Kitchen" means any room or area intended or designed to be used or maintained for the cooking, storing, and preparation of food.

"Lined" parking refers to a building configuration where residential, commercial, or office uses are located between a street-facing property line and above-ground parking levels. Also referred to as a "wrapped" building.

"Loading space" means an off-street space or berth for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, which space abuts on a street, alley, or other appropriate means of access.

"Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or an accessory structure to persons other than members of the family residing in said dwelling unit; or in the case of an accessory structure, a dwelling unit on the same site, for overnight occupancy on a residential occupancy basis, whether or not meals are provided to such persons.

"Loft "means a room or space directly under the roof of a structure used as habitable area and open to the rooms below on at least one side.

"Lot" means a parcel of land consisting of a single lot of record.

1.

"Lot of record" means a lot which is part of a subdivision and shown on a map thereof as recorded in the office of the county recorder, or a legally created parcel of land described by metes and bounds or shown on a parcel map which has been so recorded.

2.

"Corner lot" means a lot abutting the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the intersections of the lot lines with the street lines meet at an interior angle of one hundred thirty-five (135) degrees or less, or if the centerline of the street abutting the lot has an interior angle over the distance of any curve of one hundred thirty-five (135) degrees or less. A lot abutting a street and an alley shall not be considered a corner lot.

"Interior lot" means a lot other than a corner lot.

4.

"Flag lot" means a lot having access to a street by means of a corridor of land not otherwise meeting the requirements of this chapter for site width.

5.

"Double frontage lot" means an interior lot having frontage on two parallel or approximately parallel streets.

"Lot depth" means the horizontal distance between the front and the rear lot lines.

"Lot line" means any boundary of a lot.

1.

"Front lot line" means, on an interior lot, the lot line abutting a street, or, on a corner lot, the shortest dimension of the lot fronting the street, or, on a double frontage lot, the lot line abutting the street providing the primary means of access to the lot, or, on a flag lot, the interior lot line most parallel to and nearest the street from which the means of access is obtained, except that where the average width of a flag lot exceeds its average depth and the longer dimension is considered the depth, the front lot line will be the property line from which the front yard is measured. On a corner lot, if more than one property line abutting on a street can be designated as a front lot line without creating a nonconforming lot or structure, then either property line may be deemed the front lot line.

2.

"Rear lot line" means the lot boundary opposite, or approximately opposite the front lot line. A lot bounded by only three lot lines will not have a rear lot line.

3.

"Side lot line" means any lot line, which is not a front or rear lot line, as follows:

a.

"Interior side lot line" means any lot line not abutting a street.

b.

"Exterior side lot line" means any lot line abutting a street.

4.

The city planner shall assign or designate lot lines for irregular-shaped parcels.

"Lot width" means the horizontal distance between the side lot lines measured within the lot boundaries or the mean distance between the side lot lines within the buildable area.

"Low-barrier navigation center" means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1.

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2.

Pets.

3.

The storage of possessions.

4.

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

"Maintenance and repair services" means a use, not conducted within an office, providing services for the maintenance or repair of personal effects and not primarily for the sale of goods or merchandise.

"Medical and dental clinic" means a use that provides diagnostic and outpatient care in more than one medical or dental specialty, but is unable to provide long term in-house medical or surgical care. Clinics will commonly have lab facilities, supporting pharmacies and provide a range of services.

"Medical and dental office" means a use that provides diagnostic and outpatient care on a routine basis, but is unable to provide in-house medical or surgical care. Offices will commonly provide specialized or individual physicians. Medical and dental offices include, but are not limited to, physical therapy, acupuncturist, dental services, psychiatric services, chiropractic care, counselor/psychotherapy, diagnostic services and skilled nursing facilities. Medical and dental office does not include medical spas for aesthetic services.

"Medical marijuana collective" or "cooperative or collective" means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of the California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

"Motel" means a group of attached or detached structures containing individual sleeping or living units, designed for or used primarily for transient guests, with a garage attached or parking space located in proximity to each unit, including auto courts, motor courts, motor ledges, and tourist courts.

"Multiple-family dwelling" means a dwelling or group of dwellings on one site containing separate living units for two or more families that may have joint services or facilities or both.

"Museum" shall have the same meaning as "Art Galleries."

"Net site area" means that portion of gross site area remaining after deducting therefrom the following:

a.

Any portion of a site within the right-of-way of an existing public or private street, road, or access easement, except an emergency access street;

b.

Any portion of a site within the proposed right-of-way of a future street (except an emergency access street), as shown on an approved tentative subdivision map or a recorded subdivision map;

c.

The portion of a flag lot constituting the access corridor lying between the front lot line and the frontage line of the corridor at the street.

"Nonconforming lot" means a lot that no longer conforms to the regulations for the district in which such lot is located.

"Nonconforming structure" means a structure, or a portion thereof, which no longer conforms to the regulations for the district in which such structure is located.

"Nonconforming use" means a use that no longer conforms to the use regulations for the district in which such use is located.

"Office-administrative" means uses that predominantly sell professional and/or business services. The contact with the general public is not as frequent as with retail businesses or personal services, and a significant portion of the business may take place at other locations. Examples include law offices, accountants, advertising, real estate companies, financial advisory, and computer support.

"Outdoor recreation service" means a privately owned or operated use providing facilities for outdoor recreation activities, including golf, tennis, swimming, riding, or other outdoor sport or recreation, operated predominantly in the open, except for accessory or incidental enclosed services or facilities.

"Parapet" means a wall or roof structure projecting up from the roof to define a roof line and/or to screen mechanical equipment. Roof elements with a sixty-degree slope or greater may be considered parapets. Parapets may not be used to provide additional usable floor space for dwelling, commercial use, or storage of any type. Parapets shall be integral to the architectural design of the building.

"Parking facility" means an area on a lot or within a building, or both, including one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, and meeting the requirements established by this title. Parking facility includes parking lots, garages, and parking structures.

"Parking space" means an off-street space, either enclosed in a structure or an open area, the principal use of which is the storage or parking of automotive vehicles.

"Penthouse" means a non-habitable structure housing machinery on the roof of a building intended to provide an architecturally pleasing cover to stairwells, elevator equipment and other building systems that may be found on a rooftop.

"Personal service" means a use, not conducted within an office, providing services for the personal care of an individual or the fitting, cleaning, repair, or maintenance of personal effects and not primarily for the sale of goods or merchandise. Personal services include beauty shops, barber shops and nail salons, pet grooming, shoe repair, laundry and cleaning services, repair and fitting of clothes, and other similar services. Personal services also include art, dance, music, tutoring centers, fitness studios and health clubs that do not exceed seven thousand (7,000) gross square feet.

"Porte cochere" means a roofed structure covering a driveway that is not designed for the storage of automobiles.

"Precise plan line" means a line established by an ordinance or other action of the council to control the location of structures with respect to an existing or proposed street, alley, parking space, or loading space.

"Principal living unit" means the primary dwelling on a single-family residential lot or parcel which dwelling contains one or more rooms and one kitchen designed for occupancy by one family for living and sleeping purposes.

"Property line" means a line bounding a parcel of real property.

"Qualified employee housing" means employee housing defined in Health and Safety Code section 17008, even if the housing accommodations or property are not located in a rural area, as defined by Health and Safety Code section 50101. Any housing development project approved pursuant to Health and Safety Code section 17021.8 is also "qualified employee housing," and shall be a permitted use notwithstanding anything to the contrary in this code.

"Recycling facility" means center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor shall mean a recycling facility certified by the Department of Conservation of the state as meeting the requirements of the State Beverage Container Recycling and Litter Reduction Act of 1986. Recycling facility shall not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by such residential property, business, or manufacturer.

"Religious institution" means a seminary, retreat, monastery, conference center, or similar use for the conduct of religious activities, including accessory housing incidental thereto, but excluding a private educational facility. Any such use for which a property tax exemption has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California, and Section 206 of the Revenue and Taxation Code of the State of California. or successor legislation, or which is used in connection with any church which has received such an exemption, shall be prima facie presumed to be a religious institution.

"Residential care facility" or "residential care facilities" shall be defined consistent with the California Health and Safety Code Section 1502 which may be amended from time to time. The following shall constitute a

residential care facility within the City of Los Altos:

1.

"Community care facility" means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:

a.

"Residential facility" means any family home, group care facility, or similar facility determined by the director, for twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

b.

"Adult day program" means any community-based facility or program that provides care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a twenty-four (24) hour basis.

c.

"Therapeutic day services facility" means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a twenty-four (24) hour basis to persons under eighteen (18) years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.

d.

"Foster family agency" means any public agency or private organization engaged in the recruiting, certifying, and training of, and providing professional support to, foster parents, or in finding homes or other places for placement of children for temporary or permanent care who require that level of care. Private foster family agencies shall be organized and operated on a nonprofit basis.

e.

"Foster family home" means any residential facility providing twenty-four (24) hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.

f.

"Small family home" means any residential facility, in the licensee's family residence, that provides twentyfour (24) hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.

g.

"Social rehabilitation facility" means any residential facility that provides social rehabilitation services for no longer than eighteen (18) months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.

h.

"Community treatment facility" means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.

"Restaurant" means any eating or drinking establishment having seating capacity which sells or offers for sale to the public any food or drink for immediate consumption on the premises, and includes any coffee shop, cafeteria, cafe, tavern, bar, soda fountain, or dining room.

"Retail uses" means uses that predominantly sell products rather than services, directly to the public, and generally for consumer or household use. Retail uses are designed to attract a high volume of walk-in customers and have floor space that is devoted predominantly to the display of merchandise to attract customers. Retail businesses may also provide incidental after-sales services, such as repair and installation, for the goods sold.

1.

"Extensive retail" as used with respect to parking requirements, means a retail use primarily selling large commodities such as home or office furniture, floor coverings, stoves, refrigerators, other household electrical and gas appliances, including televisions and home sound systems, and outdoor furniture, such as lawn furniture, movable spas and hot tubs.

2.

"Intensive retail" as used with respect to parking requirements, means any retail use not defined as an extensive retail use.

"Reverse vending machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers, including, but not limited to, aluminum cans and glass or plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's

redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically, provided the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

"Scale" means proportionality in the relationship between a building and the size of parts to one another and to the human figure.

"Second living unit" means a second dwelling on a single-family residential lot; refer to the definition of "accessory dwelling unit."

"Service station" means an occupancy that provides for the servicing of motor vehicles, and operations incidental thereto, including retail sales of gasoline, oil, tires, batteries, and new accessories.

"Setback" means the minimum required horizontal distance from a given point or line of reference such as a property line, to the nearest vertical wall or other element of a building or structure.

"Short-term rental" means a use that provides lodging in a dwelling unit, for compensation, for a period of fewer than thirty (30) consecutive calendar days. "Short-term rental" does not include transient lodging in city-approved hotels and motels.

"Single-family dwellings" means a detached building designed for and/or occupied exclusively by one family or household. Also includes factory-built, manufactured or modular housing.

"Single-room occupancy housing" means a residential project with small units between one hundred fifty (150) and three hundred fifty (350) square feet each, with or without integral bathroom and/or kitchen facilities. Individual single-room occupancy units designated for extremely low-income households or designated as supportive housing in accordance with Section 53260 of the Health and Safety Code are exempt from the density limits.

"Site" means a lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this title.

1.

"Gross site area" means the total horizontal area included within the property lines of a single site.

2.

"Net site area" means that portion of gross site area remaining after deducting therefrom the following:

a.

Any portion of a site within the right-of-way of an existing public or private street, road, or access easement, except an emergency access street;

b.

Any portion of a site within the proposed right-of-way of a future street (except an emergency access street), as shown on an approved tentative subdivision map or a recorded subdivision map;

c.

The portion of a flag lot constituting the access corridor lying between the front lot line and the frontage line of the corridor at the street.

3.

"Site frontage" means the length of the front lot line.

4.

"Site width" means the horizontal distance between side lot lines, measured at right angles to the site depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at the midway points of the intersecting side lot lines.

5.

"Site depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.

6.

"Site coverage" means the land area covered by all the structures on a site, including all projections except eaves. Site coverage does not include paved surfaces or structures under six feet in height.

"Storage garage" means a structure, or part thereof, used for the storage, parking, or servicing for compensation of automotive vehicles, but not for the repair thereof.

"Story" means a space in a structure between the surface of any floor and the surface of the floor or roof next above, but not including any basement, attic, or underfloor space.

"Street" means a public or private thoroughfare, including the easement area or dedicated public right-ofway, which affords access to two or more sites.

"Structure" means anything constructed or erected which requires a location on the ground, but not including fences or walls used as fences.

"Supportive housing" shall mean a housing development project as defined in Government Code section 65582(g), as may be amended or renumbered from time to time, as being housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone. "Target population" means persons with low incomes who have one or more disabilities as described in section 65582(i) of the Government Code.

"Take-out service" means a characteristic of an eating or drinking service which encourages, on a regular basis, consumption of food or beverages, such as prepared or prepackaged items, outside of a building, in outdoor seating areas where regular table service is not provided, in vehicles parked on the premises, or off-site. Take-out food services do not include ice cream parlors, candy stores, and other similar specialty, primarily retail food businesses.

"Tower" means a building or part of a building that is exceptionally high in proportion to its width and length or tall and slender.

"Transitional housing" shall mean a housing development project as defined in Government Code section 65582(j), as may be amended or renumbered from time to time, as being building(s) configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone.

"Transportation terminal" means a depot, terminal, or transfer facility for passenger transportation services.

"Wall plate" means the top most structural element of a wall frame.

"Yard" means an area within a lot, adjoining and measured from a lot, street, or plan line for a specified distance, open and unobstructed except for the uses and structures otherwise permitted the regulations of this chapter:

1.

Yard measurement. Required yards shall be measured as the minimum horizontal distance from the lot line to a line parallel thereto on the site.

2.

"Front yard" means a yard measured into a lot from the front lot line, extending the full width of the lot.

3.

"Rear yard" means a yard measured into a lot from the rear lot line, extending the full width of the lot, provided that for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line. On a corner lot, the rear yard shall terminate at the exterior side yard.

4.

"Side yard" means a yard measured into a lot from a side lot line. An exterior side yard is a side yard measured from an exterior lot line or a street or plan line, extending between the front yard and the rear lot line; an interior side yard is a side yard measured from an interior lot line, extending between the front yard and the rear yard.

(Ord. No. 2012-375, § 1, 1-24-2012; Ord. No. 2012-384, § 1, 7-24-2012; Ord. No. 2012-388, § 3, 11-132012; Ord. No. 2015-406, §§ 1, 2, 2-10-2015; Ord. No. 2015-408, § 1, 6-9-2015; Ord. No. 2015-409, § 1, 6- 9-2015; Ord. No. 2015-414, § 1, 9-8-2015; Ord. No. 2016-418, § 2, 1-26-2016; Ord. No. 2016-423, § 14, 9- 27-2016; Ord. No. 2016-427, § 2, 11-8-2016; Ord. No. 2018-448, § 2, 7-10-2018; Ord. No. 2018-451, § 2, 10-9-2018; Ord. No. 2021-478, § 1, 9-14-2021; Ord. No. 2024-519, § 2(App. B), 12-10-2024)

Chapter 14.04 - ZONING DISTRICTS DESIGNATED

Sections:

14.04.010 - Districts.

The districts established by this chapter shall be designated as follows:

A.

Single-Family District (R1-10);

B.

Single-Family District (R1-H);

C.

Single-Family District (R1-20);

D.

Single-Family District (R1-40);

E.

Single-Story Single-Family Overlay District (R1-S);

F.

Multiple-Family District (R3-4.5);

G.

Multiple-Family District (R3-5);

H.

Multiple-Family District (R3-3);

I.

Multiple-Family District (R3.1.8);

J.

Multiple-Family District (R3-1);

K.

Office-Administrative District (OA);

L.

Office-Administrative District (OA-1 and OA-4.5);

M.

Commercial Downtown/Multiple-Family District (CD/R3);

N.

Commercial Neighborhood District (CN);

O.

Commercial Downtown District (CD);

P.

Commercial Retail Sales District (CRS);

Q.

Commercial Thoroughfare District (CT);

R.

Commercial Retail Sales/Office District (CRS/OAD);

S.

Public and Community Facilities District (PCF);

T.

Public and Community Facilities/Single-Family District (PCF/R1-10);

U.

Planned Community (PC);

V.

Loyola Corners Specific Plan Overlay District (LCSPZ); and

W.

Planned Unit Development (PUD).

The city is divided into districts in which certain uses are permitted. The districts are as shown on the zoning map of the city which is incorporated in this chapter by reference.

(Ord. 00-383 § 2; prior code § 10-2.106)

(Ord. No. 2012-375, § 2, 1-24-2012)

Whenever any uncertainty exists as to the boundary of any district as shown on the zoning map, the following regulations shall control:

A.

Where a boundary line is indicated as following a street or alley, the boundary line shall be construed as following the center line thereof.

B.

Where a boundary line is indicated as approximately following a property line, the property line shall be construed to be the boundary.

C.

Where a boundary line crosses property under one ownership, the boundary line shall be determined by the use of the notation or the scale designated on the map.

D.

Where further uncertainty exists, the commission, upon written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the zoning map and the purposes of this chapter as set forth in Section 14.02.020 of Chapter 14.02 of this Title 14.

(Prior code § 10-2.107)

Chapter 14.06 - R1-10 SINGLE-FAMILY DISTRICT

Sections:

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 shall apply in the R1-10 District, which shall include:

A.

Most properties in the general plan designated Residential 2 — Single-Family;

B.

Residential 3 — Single-family small lot. Existing clusters of established small lots from four thousand (4,000) to nine thousand (9,000) square feet in the R1-10 zoning district have been identified in the city's adopted general plan. Where indicated, it is the intent of these regulations to allow for additional flexibility, in order to provide for house designs that are usable, proportional, and appropriate to smaller lots; and

C.

The following shall apply to those areas designated in the Los Altos General Plan as Residential 3 — Single-Family Small Lot:

1.

Flag lots are not permitted; and

2.

Combining of existing small lots is not permitted, as it is not consistent with the city's intent to preserve existing small lots.

(Ord. 04-267 § 2 (part))

14.06.020 - Permitted uses (R1-10).

The following uses shall be permitted in the R1-10 District:

A.

Single-family residences, including ancillary accessory structures;

B.

Accessory dwelling units as provided in Chapter 14.14 of this title;

C.

Home occupations;

D.

Agriculture and horticulture;

E.

Animals as provided in Chapter 5.10 of this code; and

F.

Small family day care.

(Ord. 05-285 § 2 (part): Ord. 04-267 § 2 (part))

(Ord. No. 2018-448, § 3, 7-10-2018)

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the R1-10 District:

A.

Flag lots;

B.

Large family day care; and

C.

Pre-existing community facilities as provided in Chapter 14.70 of this title. New community facilities are prohibited.

(Ord. 05-285 § 2 (part): Ord. 05-271 § 2 (part): Ord. 04-267 § 2 (part))

14.06.040 - Site area (R1-10).

The minimum site area shall be ten thousand (10,000) square feet, except that on corner lots the minimum site area shall be eleven thousand (11,000) square feet and on flag lots the minimum site area shall be fifteen thousand (15,000) square feet.

(Ord. 04-267 § 2 (part))

14.06.050 - Site frontage, width and depth (R1-10).

A.

The minimum site frontage and width shall be eighty (80) feet and the minimum site depth shall be one hundred (100) feet, except that the minimum site width for a corner lot shall be ninety (90) feet and the minimum site frontage on a cul-de-sac turnaround shall be sixty (60) feet.

B.

The minimum width of the access corridor for each flag lot shall be twenty (20) feet, and shall access directly to a public or private street. The access corridor shall not connect to any portion of the turnaround space of a cul-de-sac.

(Ord. 04-267 § 2 (part))

A.

The maximum coverage for all structures in excess of six feet in height shall be thirty-five (35) percent of the total area of the site where the height of one-story development does not exceed twenty (20) feet.

B.

A minimum of fifty (50) percent of the required front yard area shall be a combination of pervious landscape material and landscape.

C.

On sites where the lot coverage exceeds thirty (30) percent, two-story structures shall not be allowed.

(Ord. No. 2012-375, § 4, 1-24-2012; Ord. No. 2015-414, § 2, 9-8-2015)

14.06.070 - Floor area ratio (R1-10).

A.

For lots with a net site area not exceeding eleven thousand (11,000) square feet, the maximum floor area shall be thirty-five (35) percent of the net lot area.

B.

For lots with a net site area exceeding eleven thousand (11,000) square feet, the maximum floor area shall be three thousand eight hundred fifty (3,850) square feet plus ten (10) percent times the net lot area minus eleven thousand (11,000) square feet.

(Ord. 04-267 § 2 (part))

A.

Except as noted below, the minimum setbacks shall be as follows:

B.

A minimum of fifty (50) percent of the required front yard area shall be a combination of pervious landscape material and landscape.

C.

The second story setback shall be measured from the wall of the second story, or in the case of a sloping ceiling or roof where there is no exterior wall, from the point the second story ceiling has a height of five feet or greater from the finished floor.

D.

On flag lots, the minimum width of side yards shall be fifteen (15) feet.

E.

On a lot less than eighty (80) feet in width, or in the case of a corner lot less than ninety (90) feet in width (hereinafter referred to as "narrow" lots), the minimum width of side yards shall be as follows:

1.

On a narrow corner lot, the minimum width of the side yard adjoining the street shall be twenty (20) percent of the average lot width but in no case less than ten (10) feet, whichever is greater. The minimum interior side yard setback for corner lots greater than eighty (80) feet in width shall be as provided in subsection A of this section. The minimum interior side yard setback for corner lots less than eighty (80) feet in width shall be as provided in subsection (E)(2) of this section. For a garage or carport facing an exterior side yard, the minimum setback to the face of the structure shall be twenty (20) feet.

2.

The minimum width of all other side yards on narrow lots shall be ten (10) percent of the average lot width but in no case less than five feet, whichever is greater, for any portion of a structure which is one story in height, with seven and one-half feet added for any portion of a structure which is two stories in height, except the additional second story setback may be reduced to five feet if a thirty-five (35) foot front yard setback is provided.

3.

Notwithstanding the provisions of Section 14.66.220 of this title, projections into the side yards of narrow lots shall not be permitted, with the exception of chimneys, which shall not extend more than two feet into the required side yard setback, and roof eaves, which shall not extend more than eighteen (18) inches into the required side yard setback.

F.

On a lot less than one hundred (100) feet in depth, the rear yard shall be twenty-five (25) percent of the depth of the site or twenty (20) feet, whichever is greater.

G.

When a structure legally constructed according to existing yard and setback regulations at the time of construction encroaches upon currently required setbacks, the city planner may approve one encroaching setback to be extended by no more than twenty (20) feet or fifty (50) percent, whichever is less, along its existing building line without a variance, subject to the following provisions:

The extension may only be applied to the first story;

2.

Only one such administrative extension may be permitted for the life of the building. Other extensions may be considered, subject to the filing of a variance application;

3.

Extensions are only permitted for the main structure and cannot result in a further encroachment into any required setback area.

H.

With the exception of the provisions of Section 14.66.080 of this title, when a structure has an existing nonconforming setback and fifty (50) percent or more of the floor area of that structure is voluntarily being eliminated or replaced, the entire structure shall be brought into conformance with current setback requirements. (Amended during 2/06 supplement; Ord. 05-285 § 2 (part); Ord. 05-278 § 1 (part): Ord. 04267 § 2 (part))

(Ord. No. 2012-375, § 4, 1-24-2012; Ord. No. 2015-414, § 2, 9-8-2015)

No structure shall exceed two stories or twenty-seven (27) feet in height from the natural grade. On flag lots the height of structures shall be limited to one story and twenty (20) feet in height. Basements shall not be considered a story. When the lot coverage exceeds or is proposed to exceed thirty (30) percent, the maximum height of structures shall be twenty (20) feet.

(Ord. 04-267 § 2 (part))

No structure shall extend above or beyond a daylight plane as follows:

A.

For lots seventy (70) feet or greater in width, the daylight plane starts at a height of eleven (11) feet at each side property line and at an angle of twenty-five (25) degrees from the horizontal;

B.

On a lot, which is less seventy (70) feet in width for its entire length, the plane starts at a height of nineteen (19) feet at each second story setback line and proceeds inward at an angle of twenty-five (25) degrees;

C.

On a site where the grade slopes greater than ten (10) percent from side property line to side property line, the daylight plane at the lower side property line shall be measured from a point equal to the average

elevation of the site and proceed inward at an angle of twenty-five (25) degrees;

D.

An extension of an existing gable roof may project over or beyond the daylight plane when it is determined by the city planner that such projection is necessary to maintain the architectural integrity of the structure;

E.

Television and radio antennas, chimneys, and other similar appurtenances may project above the daylight plane as provided for in Section 14.66.250.

(Ord. 07-312 § 5 (part); Ord. 04-267 § 2 (part))

14.06.110 - Basements (R1-10).

Basements shall be regulated as follows:

A.

Basements shall not extend beyond the floor area of the first floor of the main or accessory structure above;

B.

Light wells, ingress and egress wells, patio wells, and other similar elements shall not be permitted within a required front or exterior side yard setback. These elements may be permitted within an interior side or rear yard setback, but in no event closer than five feet to a property line;

C.

Light wells, ingress and egress wells, patio wells, and other similar elements shall utilize vertical retaining walls. Contour graded slopes, which expose the basement as a story, are prohibited.

D.

Light wells, ingress and egress wells, patio wells, and other similar elements shall be at least seventy-five (75) percent open in area to light and air above.

(Ord. 04-267 § 2 (part))

(Ord. No. 10-348, § 3, 4-13-2010; Ord. No. 2015-414, § 3, 9-8-2015)

14.06.120 - Outdoor kitchens, barbeques, fireplaces and swimming pools.

A.

Outdoor kitchens, barbeques, fireplaces, and similar structures shall be allowed in the main structure's building envelope, and in the required rear yard setback with a minimum setback of five feet from any property line. Said structures shall not be located in the required front or side yard setback areas.

B.

Swimming pools, hot tubs, and spas shall be allowed within the main structure's building envelope, and the required rear yard setback with a minimum setback of five feet from any property line. Said structures shall not be located in a required front or side yard setback area.

1.

The setback shall be measured from the outside edge of the pool structure.

2.

Swimming pool motors and equipment shall be enclosed in a noise attenuating structure, as proscribed in Chapter 6.16, and shall not be located in a required interior side yard setback area.

(Ord. 08-329 § 2 (part): Ord. 05-285 § 3 (part): Ord. 04-267 § 2 (part); Ord. No. 10-348, § 2, 4-13-2010; Ord. No. 2012-375, § 3, 1-24-2012; Ord. No. 2015-414, § 5, 9-8-2015; Ord. No. 2018-440, § 2, 3-13-2018)

14.06.130 - Design control (R1-10).

As provided in Chapter 14.76 of this title.

(Ord. 04-267 § 2 (part))

14.06.140 - Off-street parking (R1-10).

As provided in Chapter 14.74 of this title.

(Ord. 04-267 § 2 (part))

14.06.150 - Signs (R1-10).

As provided in Chapter 14.68 of this code.

(Ord. 04-267 § 2 (part); Ord. No. 2015-414, § 12, 9-8-2015)

14.06.160 - Fences (R1-10).

As provided in Chapter 14.72 of this title.

(Ord. 04-267 § 2 (part))

14.06.170 - Nonconforming use regulations (R1-10).

As provided in Chapter 14.66 of this title.

(Ord. 04-267 § 2 (part))

14.06.180 - Accessory structures.

As provided in Chapter 14.15 of this title.

(Ord. No. 2018-440, § 3, 3-13-2018)

Chapter 14.08 - R1-H SINGLE-FAMILY DISTRICT

Sections:

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 shall apply in the R1-H District.

(Ord. 04-267 § 3 (part))

14.08.020 - Permitted uses (R1-H).

The following uses shall be permitted in the R1-H District:

A.

Single-family residences, including ancillary accessory structures;

B.

Accessory dwelling units as provided in Chapter 14.14 of this title;

C.

Home occupations;

D.

Agriculture and horticulture;

E.

Animals as provided in Chapter 5.10 of this code; and

F.

Small family day care.

(Ord. 05-285 § 3 (part): Ord. 04-267 § 3 (part))

(Ord. No. 2018-448, § 3, 7-10-2018)

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the R1-H District:

A.

Flag lots;

B.

Large family day care; and

C.

Pre-existing community facilities as provided in Chapter 14.70 of this title. New community facilities are prohibited.

(Ord. 05-285 § 3 (part): Ord. 05-271 § 2 (part): Ord. 04-267 § 3 (part))

A.

The minimum site area shall be twenty thousand (20,000) square feet, except that on corner lots the minimum site area shall be twenty-one thousand (21,000) square feet.

B.

The planning commission may recommend and the city council may approve a reduction in the minimum lot area provided the lot area is not less than the area prescribed in Section 14.06.040 of this title and subject to the following findings:

1.

The majority of the abutting lots, located within the R1-H district, are ten thousand (10,000) square feet or less;

2.

The reduced lot size is advisable due to existing topographic conditions;

3.

The reduced lot size is consistent with sound planning practices; and

4.

The reduced lot size is consistent with the objectives in Chapter 14.02 of this title.

(Ord. 07-306 § 2 (part); Ord. 04-267 § 3 (part))

A.

The minimum site frontage, width, and depth shall be one hundred (100) feet, except that the minimum site frontage on a cul-de-sac turnaround shall be sixty (60) feet.

B.

The minimum width of the access corridor for each flag lot shall be twenty (20) feet, and shall access directly to a public or private street. The access corridor shall not connect to any portion of the turnaround space of a cul-de-sac.

(Ord. 04-267 § 3 (part))

A.

The maximum coverage for all structures in excess of six feet in height shall be twenty-five (25) percent of the total area of the site.

B.

Any lot in the R1-H District that is less than fifteen thousand (15,000) square feet shall conform to the coverage requirements set forth in Chapter 14.06.

(Ord. 07-306 § 2 (part): Ord. 04-267 § 3 (part))

14.08.070 - Floor area ratio (R1-H).

A.

For lots with a net site area not exceeding eleven thousand (11,000) square feet, the maximum floor area shall be thirty-five (35) percent of the net lot area.

B.

For lots with a net site area exceeding eleven thousand (11,000) square feet, the maximum floor area shall be three thousand eight hundred fifty (3,850) square feet plus ten (10) percent times the net lot area minus eleven thousand (11,000) square feet.

(Ord. 04-267 § 3 (part))

A.

Except as noted below, the minimum setbacks shall be as follows:

B.

A minimum of fifty (50) percent of the required front yard area shall be a combination of pervious landscape material and landscape.

C.

The second story setback shall be measured from the wall of the second story, or in the case of a sloping ceiling or roof where there is no exterior wall, from the point the second story ceiling has a height of five feet or greater from the finished floor.

D.

On flag lots, the minimum width of side yards shall be thirty (30) feet.

E.

Where a building legally constructed according to existing yard and setback regulations at the time of construction encroaches upon currently required setbacks, the city planner may approve one encroaching setback to be extended by no more than twenty (20) feet or fifty (50) percent, whichever is less, along its existing building line without a variance, subject to the following provisions:

1.

The extension may only be applied to the first story.

2.

Only one such administrative extension may be permitted for the life of the building. Other extensions may be considered, subject to the filing of a variance application.

3.

Extensions are only permitted for the main structure and cannot result in a further encroachment into any required setback area.

F.

With the exception of the provisions of Section 14.66.080 of this title, when a structure has an existing nonconforming setback and fifty (50) percent or more of the floor area of that structure is voluntarily being eliminated or replaced, the entire structure shall be brought into conformance with current setback requirements.

G.

Any lot in the R1-H District that is less than fifteen thousand (15,000) square feet shall conform to the yard requirements set forth in Chapter 14.06.

(Ord. 07-306 § 2 (part); Ord. 05-278 § 1 (part): Ord. 04-267 § 3 (part); Ord. No. 2015-414, § 2, 9-8-2015)

No structure shall exceed two stories or twenty-seven (27) feet in height from the natural grade. On flag lots, the height of structures shall be limited to one story and twenty (20) feet in height. Basements shall not be considered a story.

(Ord. 04-267 § 3 (part))

14.08.100 - Daylight plane (R1-H).

No structure shall extend above or beyond a daylight plane as follows:

A.

The daylight plane starts at a height of eleven (11) feet at each side property line and at an angle of twentyfive (25) degrees from the horizontal.

B.

On a site where the grade slopes greater than ten (10) percent from side property line to side property line,

the daylight plane at the lower side property line shall be measured from a point equal to the average elevation of the site and proceed inward at an angle of twenty-five (25) degrees.

C.

An extension of an existing gable roof may project over or beyond the daylight plane when it is determined by the city planner that such projection is necessary to maintain the architectural integrity of the structure.

D.

Television and radio antennas, chimneys, and other similar appurtenances may project above the daylight plane as provided for in Section 14.66.250.

(Ord. 07-312 § 5 (part); Ord. 04-267 § 3 (part))

Basements shall be regulated as follows:

A.

Basements shall not extend beyond the floor area of the first floor of the main or accessory structure above;

B.

Light wells, ingress and egress wells, patio wells, and other similar elements shall not be permitted within a required front or exterior side yard setback. These elements may be permitted within an interior side or rear yard setback, but in no event closer than six feet to a property line.

C.

Light wells, ingress and egress wells, patio wells, and other similar elements shall utilize vertical retaining walls. Contour graded slopes, which expose the basement as a story, are prohibited.

D.

Light wells, ingress and egress wells, patio wells, and other similar elements shall be at least seventy-five (75) percent open in area to light and air above.

(Ord. 04-267 § 3 (part); Ord. No. 2015-414, § 3, 9-8-2015)

14.08.120 - Outdoor kitchens, barbeques, fireplaces and swimming pools.

A.

Outdoor kitchens, barbeques, fireplaces, and similar structures shall be allowed in the main structure's building envelope, and in the required rear yard setback with a minimum setback of five feet from any property line. Said structures shall not be located in the required front or side yard setback areas.

B.

Swimming pools, hot tubs, and spas shall be allowed within the main structure's building envelope, and the required rear yard setback with a minimum setback of five feet from any property line. Said structures shall not be located in a required front or side yard setback area.

1.

The setback shall be measured from the outside edge of the pool structure.

2.

Swimming pool motors and equipment shall be enclosed in a noise attenuating structure, as proscribed in Chapter 6.16, and shall not be located in a required interior side yard setback area.

(Ord. 08-329 § 2 (part): Ord. 05-285 § 3 (part): Ord. 04-267 § 3 (part); Ord. No. 10-348, § 2, 4-13-2010; Ord. No. 2012-375, § 3, 1-24-2012; Ord. No. 2015-414, § 5, 9-8-2015; Ord. No. 2018-440, § 2, 3-13-2018)

14.08.130 - Design control (R1-H).

As provided in Chapter 14.76 of this title.

(Ord. 04-267 § 3 (part))

14.08.140 - Off-street parking (R1-H).

As provided in Chapter 14.74 of this title.

(Ord. 04-267 § 3 (part))

14.08.150 - Signs (R1-H).

As provided in Chapter 14.68 of this code.

(Ord. 04-267 § 3 (part); Ord. No. 2015-414, § 12, 9-8-2015)

14.08.160 - Fences (R1-H). As provided in Chapter 14.72 of this title.

(Ord. 04-267 § 3 (part))

14.08.170 - Nonconforming use regulations (R1-H).

As provided in Chapter 14.66 of this title.

(Ord. 04-267 § 3 (part))

14.08.180 - Accessory structures.

As provided in Chapter 14.15 of this title.

(Ord. No. 2018-440, § 3, 3-13-2018)

Chapter 14.10 - R1-20 SINGLE-FAMILY DISTRICT

Sections:

14.10.120 - Outdoor kitchens, barbeques, fireplaces and swimming pools. 14.10.010 - R1-20 District.

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 shall apply in the R1-20 District.

(Ord. 04-267 § 4 (part))

14.10.020 - Permitted uses (R1-20).

The following uses shall be permitted in the R1-20 District:

A.

Single-family residences, including ancillary accessory structures;

B.

Accessory dwelling units as provided in Chapter 14.14 of this title;

C.

Home occupations;

D.

Agriculture and horticulture;

E.

Animals as provided in Chapter 5.10 of this code; and

F.

Small family day care.

(Ord. 05-285 § 4 (part): Ord. 04-267 § 4 (part))

(Ord. No. 2018-448, § 3, 7-10-2018)

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the R1-20 District:

A.

Flag lots;

B.

Large family day care; and

C.

Pre-existing community facilities as provided in Chapter 14.70 of this title. New community facilities are prohibited.

(Ord. 05-285 § 4 (part): Ord. 05-271 § 2 (part): Ord. 04-267 § 4 (part))

The minimum site area shall be twenty thousand (20,000) square feet, except that on corner lots the minimum site area shall be twenty-one thousand (21,000) square feet.

(Ord. 04-267 § 4 (part))

A.

The minimum site frontage, width and depth shall be one hundred (100) feet, except that the minimum site frontage on a cul-de-sac turnaround shall be sixty (60) feet.

B.

The minimum width of the access corridor for each flag lot shall be twenty (20) feet, and shall access directly to a public or private street. The access corridor shall not connect to any portion of the turnaround space of a cul-de-sac.

(Ord. 04-267 § 4 (part))

The maximum coverage for all structures in excess of six feet in height shall be twenty-five (25) percent of the total area of the site.

(Ord. 04-267 § 4 (part))

14.10.070 - Floor area ratio (R1-20).

A.

For lots with a net site area not exceeding eleven thousand (11,000) square feet the maximum floor area shall be thirty-five (35) percent of the net lot area.

B.

For lots with a net site area exceeding eleven thousand (11,000) square feet the maximum floor area shall be three thousand eight hundred fifty (3,850) square feet plus ten (10) percent times the net lot area minus eleven thousand (11,000) square feet.

(Ord. 04-267 § 4 (part))

A.

Except as noted below, the minimum setbacks shall be as follows:

B.

A minimum of fifty (50) percent of the required front yard area shall be a combination of pervious landscape material and landscape.

C.

The second story setback shall be measured from the wall of the second story, or in the case of a sloping ceiling or roof where there is no exterior wall, from the point the second story ceiling has a height of five feet or greater from the finished floor.

D.

On flag lots, the minimum width of side yards shall be thirty (30) feet.

E.

Where a building legally constructed according to existing yard and setback regulations at the time of construction encroaches upon currently required setbacks, the city planner may approve one encroaching setback to be extended by no more than twenty (20) feet or fifty (50) percent, whichever is less, along its existing building line without a variance, subject to the following provisions:

1.

The extension may only be applied to the first story.

2.

Only one such administrative extension may be permitted for the life of the building. Other extensions may be considered, subject to the filing of a variance application.

3.

Extensions are only permitted for the main structure and cannot result in a further encroachment into any required setback area.

F.

With the exception of the provisions of Section 14.66.080 of this title, when a structure has an existing nonconforming setback and fifty (50) percent or more of the floor area of that structure is voluntarily being eliminated or replaced, the entire structure shall be brought into conformance with current setback requirements.

G.

On a lot less than one hundred (100) feet in width, the minimum width of side yards shall be as required for lots in the R1-10 District per Section 14.06.080.

(Ord. 05-278 § 1 (part): Ord. 04-267 § 4 (part); Ord. No. 2015-414, §§ 2, 4, 9-8-2015)

No structure shall exceed two stories or twenty-seven (27) feet in height from the natural grade. On flag lots the height of structures shall be limited to one story and twenty (20) feet in height. Basements shall not be considered a story.

(Ord. 04-267 § 4 (part))

No structure shall extend above or beyond a daylight plane as follows:

A.

The daylight plane starts at a height of eleven (11) feet at each side property line and at an angle of twentyfive (25) degrees from the horizontal;

B.

On a site where the grade slopes greater than ten (10) percent from side property line to side property line, the daylight plane at the lower side property line shall be measured from a point equal to the average elevation of the site and proceed inward at an angle of twenty-five (25) degrees;

C.

An extension of an existing gable roof may project over or beyond the daylight plane when it is determined by the city planner that such projection is necessary to maintain the architectural integrity of the structure;

D.

Television and radio antennas, chimneys, and other similar appurtenances may project above the daylight plane as provided for in Section 14.66.250.

(Ord. 07-312 § 5 (part); Ord. 04-267 § 4 (part))

14.10.110 - Basements (R1-20).

Basements shall be regulated as follows:

A.

Basements shall not extend beyond the floor area of the first floor of the main or accessory structure above;

B.

Light wells, ingress and egress wells, patio wells, and other similar elements shall not be permitted within a required front or exterior side yard setback. These elements may be permitted within an interior side or rear yard setback, but in no event closer than six feet to a property line.

C.

Light wells, ingress and egress wells, patio wells, and other similar elements shall utilize vertical retaining walls. Contour graded slopes, which expose the basement as a story, are prohibited.

D.

Light wells, ingress and egress wells, patio wells, and other similar elements shall be at least seventy-five (75) percent open in area to light and air above.

(Ord. 04-267 § 4 (part); Ord. No. 2015-414, § 3, 9-8-2015)

14.10.120 - Outdoor kitchens, barbeques, fireplaces and swimming pools.

A.

Outdoor kitchens, barbeques, fireplaces, and similar structures shall be allowed in the main structure's building envelope, and in the required rear yard setback with a minimum setback of five feet from any property line. Said structures shall not be located in the required front or side yard setback areas.

B.

Swimming pools, hot tubs, and spas shall be allowed within the main structure's building envelope, and the required rear yard setback with a minimum setback of five feet from any property line. Said structures shall not be located in a required front or side yard setback area.

1.

The setback shall be measured from the outside edge of the pool structure.

2.

Swimming pool motors and equipment shall be enclosed in a noise attenuating structure, as proscribed in Chapter 6.16, and shall not be located in a required interior side yard setback area.

(Ord. 08-329 § 2 (part): Ord. 05-285 § 4 (part): Ord. 04-267 § 4 (part); Ord. No. 10-348, § 2, 4-13-2010; Ord. No. 2012-375, § 3, 1-24-2012; Ord. No. 2015-414, § 5, 9-8-2015; Ord. No. 2018-440, § 2, 3-13-2018)

14.10.130 - Design control (R1-20).

As provided in Chapter 14.76 of this title.

(Ord. 04-267 § 4 (part))

14.10.140 - Off-street parking (R1-20).

As provided in Chapter 14.74 of this title.

(Ord. 04-267 § 4 (part))

14.10.150 - Signs (R1-20).

As provided in Chapter 14.68 of this code.

(Ord. 04-267 § 4 (part); Ord. No. 2015-414, § 12, 9-8-2015)

14.10.160 - Fences (R1-20).

As provided in Chapter 14.72 of this title.

(Ord. 04-267 § 4 (part))

14.10.170 - Nonconforming use regulations (R1-20).

As provided in Chapter 14.66 of this title.

(Ord. 04-267 § 4 (part))

14.10.180 - Accessory structures.

As provided in Chapter 14.15 of this title.

(Ord. No. 2018-440, § 3, 3-13-2018) Chapter 14.12 - R1-40 SINGLE-FAMILY DISTRICT

Sections:

14.12.010 - R1-40 District.

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 shall apply in the R1-40 District.

(Ord. 04-267 § 5 (part))

14.12.020 - Permitted uses (R1-40).

The following uses shall be permitted in the R1-40 District:

A.

Single-family residences, including ancillary accessory structures;

B.

Accessory dwelling units as provided in Chapter 14.14 of this title;

C.

Home occupations;

D.

Agriculture and horticulture;

E.

Animals as provided in Chapter 5.10 of this code; and

F.

Small family day care.

(Ord. 05-285 § 5 (part): Ord. 04-267 § 5 (part))

(Ord. No. 2018-448, § 3, 7-10-2018)

14.12.030 - Conditional uses (R1-40).

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the R1-40 District:

A.

Flag lots;

B.

Large family day care; and

C.

Pre-existing community facilities as provided in Chapter 14.70 of this title. New community facilities are prohibited.

(Ord. 05-285 § 5 (part): Ord. 05-271 § 2 (part): Ord. 04-267 § 5 (part))

14.12.040 - Site area (R1-40).

The minimum site area shall be forty thousand (40,000) square feet, except that on corner lots the minimum site area shall be forty-one thousand (41,000) square feet.

(Ord. 04-267 § 5 (part))

14.12.050 - Site frontage, width and depth (R1-40).

A.

The minimum site frontage, width and depth shall be one hundred fifty (150) feet, except that the minimum site frontage on a cul-de-sac turnaround shall be sixty (60) feet.

B.

The minimum width of the access corridor for each flag lot shall be twenty (20) feet, and shall access directly to a public or private street. The access corridor shall not connect to any portion of the turnaround space of a cul-de-sac.

(Ord. 04-267 § 5 (part))

14.12.060 - Coverage (R1-40).

The maximum coverage for all structures in excess of six feet in height shall be twenty (20) percent of the total area of the site.

(Ord. 04-267 § 5 (part))

14.12.070 - Floor area ratio (R1-40).

A.

For lots with a net site area not exceeding eleven thousand (11,000) square feet the maximum floor area shall be thirty-five (35) percent of the net lot area.

B.

For lots with a net site area exceeding eleven thousand (11,000) square feet the maximum floor area shall be three thousand eight hundred fifty (3,850) square feet plus ten (10) percent times the net lot area minus eleven thousand (11,000) square feet.

(Ord. 04-267 § 5 (part))

14.12.080 - Setbacks (R1-40).

A.

Except as noted below, the minimum setbacks shall be as follows:

B.

A minimum of fifty (50) percent of the required front yard area shall be a combination of pervious landscape material and landscape.

C.

The second story setback shall be measured from the wall of the second story, or in the case of a sloping ceiling or roof where there is no exterior wall, from the point the second story ceiling has a height of five

feet or greater from the finished floor.

D.

On flag lots, the minimum width of side yards shall be fifty (50) feet.

E.

Where a building legally constructed according to existing yard and setback regulations at the time of construction encroaches upon currently required setbacks, the city planner may approve one encroaching setback to be extended by no more than twenty (20) feet or fifty (50) percent, whichever is less, along its existing building line without a variance, subject to the following provisions:

1.

The extension may only be applied to the first story.

2.

Only one such administrative extension may be permitted for the life of the building. Other extensions may be considered subject to the filing of a variance application.

3.

Extensions are only permitted for the main structure and cannot result in a further encroachment into any required setback area.

F.

With the exception of the provisions of Section 14.66.080 of this title, when a structure has an existing nonconforming setback and fifty (50) percent or more of the floor area of that structure is voluntarily being eliminated or replaced, the entire structure shall be brought into conformance with current setback requirements.

(Ord. 05-278 § 1 (part): Ord. 04-267 § 5 (part); Ord. No. 2015-414, § 2, 9-8-2015)

No structure shall exceed two stories or twenty-seven (27) feet in height from the natural grade. On flag lots the height of structures shall be limited to one story and twenty (20) feet in height. Basements shall not be considered a story.

(Ord. 04-267 § 5 (part))

No structure shall extend above or beyond a daylight plane as follows:

A.

The daylight plane starts at a height of eleven (11) feet at each side property line and at an angle of twentyfive (25) degrees from the horizontal.

B.

On a site where the grade slopes greater than ten (10) percent from side property line to side property line, the daylight plane at the lower side property line shall be measured from a point equal to the average elevation of the site and proceed inward at an angle of twenty-five (25) degrees.

C.

An extension of an existing gable roof may project over or beyond the daylight plane when it is determined by the city planner that such projection is necessary to maintain the architectural integrity of the structure.

D.

Television and radio antennas, chimneys, and other similar appurtenances may project above the daylight plane as provided for in Section 14.66.250.

(Ord. 07-312 § 5 (part); Ord. 04-267 § 5 (part))

14.12.110 - Basements (R1-40).

Basements shall be regulated as follows:

A.

Basements shall not extend beyond the floor area of the first floor of the main or accessory structure above;

B.

Light wells, ingress and egress wells, patio wells, and other similar elements shall not be permitted within a required front or exterior side yard setback. These elements may be permitted within an interior side or rear yard setback, but in no event closer than six feet to a property line.

C.

Light wells, ingress and egress wells, patio wells, and other similar elements shall utilize vertical retaining walls. Contour graded slopes, which expose the basement as a story, are prohibited.

D.

Light wells, ingress and egress wells, patio wells, and other similar elements shall be at least seventy-five (75) percent open in area to light and air above.

(Ord. 04-267 § 5 (part); Ord. No. 2015-414, § 3, 9-8-2015)

14.12.120 - Outdoor kitchens, barbeques, fireplaces and swimming pools.

A.

Outdoor kitchens, barbeques, fireplaces, and similar structures shall be allowed in the main structure's building envelope, and in the required rear yard setback with a minimum setback of five feet from any property line. Said structures shall not be located in the required front or side yard setback areas.

B.

Swimming pools, hot tubs, and spas shall be allowed within the main structure's building envelope, and the required rear yard setback with a minimum setback of five feet from any property line. Said structures shall not be located in a required front or side yard setback area.

1.

The setback shall be measured from the outside edge of the pool structure.

2.

Swimming pool motors and equipment shall be enclosed in a noise attenuating structure, as proscribed in Chapter 6.16, and shall not be located in a required interior side yard setback area.

(Ord. 08-329 § 2 (part): Ord. 05-285 § 5 (part): Ord. 04-267 § 5 (part))

(Ord. No. 10-348, § 2, 4-13-2010; Ord. No. 2012-375, § 3, 1-24-2012; Ord. No. 2015-414, § 5, 9-8-2015; Ord. No. 2018-440, § 2, 3-13-2018)

14.12.130 - Design control (R1-40).

As provided in Chapter 14.76 of this title.

(Ord. 08-329 § 2 (part): Ord. 05-285 § 5 (part): Ord. 04-267 § 5 (part); Ord. No. 10-348, § 2, 4-13-2010; Ord. No. 2012-375, § 3, 1-24-2012)

14.12.140 - Off-street parking (R1-40).

As provided in Chapter 14.74 of this title.

(Ord. 04-267 § 5 (part))

14.12.150 - Signs (R1-40).

As provided in Chapter 14.68 of this code.

(Ord. 04-267 § 5 (part); Ord. No. 2015-414, § 12, 9-8-2015)

14.12.160 - Fences (R1-40).

As provided in Chapter 14.72 of this title.

(Ord. 04-267 § 5 (part))

14.12.170 - Nonconforming use regulations (R1-40).

As provided in Chapter 14.66 of this title.

(Ord. 04-267 § 5 (part))

14.12.180 - Accessory structures.

As provided in Chapter 14.15 of this title.

(Ord. No. 2018-440, § 3, 3-13-2018)

Chapter 14.13 - SINGLE-STORY SINGLE-FAMILY OVERLAY DISTRICT

Sections:

The regulations, general provisions and exceptions set forth in this chapter and in Chapter 14.66 of this title shall apply in the R1-S district and shall supplement, and be used in conjunction with, the standards and requirements of the underlying zoning district. The purpose of the R1-S district is to modify the height and number of stories permitted in any R1 zoning district to preserve and maintain single-family neighborhoods of predominantly single-story character.

(Ord. 00-383 § 3 (part): prior code § 10-2.6201)

The R1-S district shall apply at the discretion of the city council; an application shall be accompanied by the appropriate fee as set by the city council. The R1-S district shall apply to only clearly defined neighborhoods as determined by the city council based upon adopted guidelines.

(Ord. 00-383 § 3 (part): prior code § 10-2.6202)

A neighborhood shall demonstrate a minimum sixty-six and two-thirds (66 ⅔) percent property owner support for the application by the manner set forth by the city council in order to be eligible for the R1-S district. The minimum required property owner support shall be determined based upon the number of yes votes in relation to the total number of valid votes received by the city. Each buildable lot shall be entitled to one vote which shall be allocated among the owners of record of said lot; for example, if there are two owners of record, each shall have one-half vote.

(Ord. 02-411 § 2: Ord. 00-383 § 3 (part): prior code § 10-2.6203)

The R1-S district regulations shall remain in effect for each neighborhood for a minimum of seven years. After seven years, removal of the R1-S regulations from such a neighborhood may be considered if it can be shown that a minimum of sixty-six and two-thirds (66 ⅔) percent of the property owners desire that the R1-S zone be removed. The required property owner support to remove the R1-S district shall be shown

using the same means to determine the initial eligibility for the R1-S district as set forth in Section 14.13.030 of this chapter.

(Ord. 02-411 § 3: Ord. 00-383 § 3 (part): prior code § 10-2.6204)

Unless otherwise specified by this chapter, the development standards of the underlying zoning district shall apply in the R1-S district. Development standards shall include but not be limited to site area, coverage, floor area ratio, front yard, side yards, rear yard, off-street parking, height of structures, design control, signs and fences. The height of structures in an R1-S shall be limited as follows:

A.

The overall height shall be limited to twenty (20) feet;

B.

The number of stories shall be limited to one, not including basements.

(Ord. 00-383 § 3 (part): prior code § 10-2.6205)

14.13.060 - Implementation of approved two-story residential design review applications.

A two-story residential design review application that is granted final approval by the city may be

implemented, subject to the time limits listed below, regardless of whether a one-story overlay zone application is subsequently approved for a neighborhood that includes the same property after the twostory residential design review application has been approved.

Implementation of an approved two-story residential design review application pursuant to this section shall be subject to the following time limits:

A.

A complete building permit application shall be submitted within one year of design approval;

B.

The building permit shall be issued (picked-up) within eighteen (18) months of design approval; and

C.

The first building permit inspection shall be passed within twenty-four (24) months of the date of design approval.

(Ord. 00-389 § 2)

14.13.070 - Processing of two-story residential design review applications.

A.

City staff shall not accept a two-story residential design review application if a complete single-story overlay zone application has been filed with the city for a neighborhood that includes the same property. The prohibition on accepting two-story residential design review applications within a proposed singlestory overlay zoning district shall apply for a period of six months after the date that the complete singlestory overlay zone application is submitted to the city.

B.

A complete two-story residential design review application shall be reviewed, processed and acted upon regardless if a complete single-story overlay zone application is subsequently submitted for a neighborhood that includes the same property.

(Ord. 02-411 § 5)

An existing two-story home within an R1-S district that is damaged or destroyed by fire or other calamity, by act of God, or by a public enemy may be reconstructed as a two-story home pursuant to the underlying R1-10 zoning regulations and design review requirements. This redevelopment right does not apply to twostory structures voluntarily removed.

(Ord. 07-312 § 6)

Chapter 14.14 - ACCESSORY DWELLING UNITS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 2024-512, § 1(App. A), adopted April 30, 2024, amended Ch. 14.14 in its entirety. Former Ch. 14.14 pertained to similar subject matter and derived from prior code §§ 10-2.6301, 10-2.6303, 10-6304, 10-6305, 10-6306, 10-6307; and Ord. 03-253, § 1(part); Ord. No. 2018-448, § 4, adopted July 10, 2018, and Ord. No. 2020-473, § 1, adopted Oct. 27, 2020.

The intent of this chapter is to provide for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), collectively known as an accessory dwelling regulations, on parcels zoned to allow singlefamily or multifamily dwelling residential use that include a proposed or existing dwelling. ADUs contribute needed housing to the City of Los Altos housing stock, enhance housing opportunities, and contribute to achieving the goals of the RHNA. An ADU is considered a residential use that is consistent with the existing general plan and zoning designations for the parcel. The ADU is not included in calculation of residential density for the purposes of determining general plan conformance. The ADU is not included in calculation of residential floor area ratio or lot coverage.

(Ord. No. 2024-512, § 1(App. A), 4-30-2024)

"Accessory dwelling unit" (or "ADU") means an attached or a detached residential dwelling unit that provides complete independent living facilities and is located on a parcel with a proposed or existing residential dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:

A.

An efficiency unit (minimum size unit shall be 150 square feet), as defined in Section 17958.1 of the Health and Safety Code.

B.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Accessory dwelling unit, attached" means a residential dwelling unit that is created as a result of internal conversion, addition, or combination thereof made to the primary dwelling, including attached garages, storage areas or similar uses.

"Accessory dwelling unit, detached." A detached accessory dwelling unit means an ADU that is not attached to the primary dwelling. Generally, a detached ADU is constructed as an independent structure that is located on the same parcel as the primary dwelling. However, a detached ADU may also include the conversion of an existing accessory structure that is located on the same parcel as the primary dwelling, but that is detached from the primary dwelling. In such a case, the detached ADU may be attached to another existing accessory structure.

"Existing," when referring to an existing principal dwelling, accessory structure, or other building or structure, means a building or structure erected prior to the date of adoption of the appropriate building code, or one for which a legal building permit has been issued. An unpermitted building or structure shall not be considered "existing" for the purposes of this chapter.

"Multi-family dwelling" means a group of dwelling units on one site that contains separate living units for two or more families that may have joined services or facilities or both.

"Junior accessory dwelling unit" (or "junior ADU" or "JADU") means a unit that is no more than five hundred (500) square feet in size, includes an efficiency kitchen consistent with building code standards, is contained entirely within the walls of a single-family residence and may include separate sanitation facilities or may share sanitation facilities with the existing structure or unit.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, if defined as habitable by the California Residential Code (CRC) but does not include a garage or any accessory structure.

"Multi-family residential ADU" means an ADU designed for one family and allowed under Government Code Section 65852.2(e)(1)(C).

"Nonconforming zoning condition" means a physical improvement on a parcel that does not conform with current zoning standards.

"Primary dwelling" means, (i) in the case of a parcel occupied by an existing or proposed single- family residential use, the existing or proposed primary dwelling in connection with which an ADU is proposed to be constructed, or (ii) in the case of multi-family housing, the existing or proposed multi-family use in connection with which one or more ADUs allowed under this chapter are proposed to be constructed. As used in this definition, a "single-family residential use" means a single-family residential dwelling unit that is not attached to any other dwelling unit except for an ADU, and which is designed for one family and is surrounded by open space or yards.

"Passageway." The term passageway has the meaning defined by Government Code Section 65852.2, which states: "A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit."

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and/or are available to the public.

"Single family residential ADU" means an ADU designed for one family per 65852.2(a) of Government Code.

"Tandem parking" means that two or more automobiles are parked in any location on a parcel and lined up one behind the other.

(Ord. No. 2024-512, § 1(App. A), 4-30-2024)

An application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review, processes, or provisions. The review of any accessory dwelling application shall be approved or denied in sixty (60) days or less. In the event of conflict within this code or within State law the more permissive regulation shall prevail.

(Ord. No. 2024-512, § 1(App. A), 4-30-2024)

A.

ADUs may be permitted in the following zones: on parcels zoned for single-family, multi- family and mixeduse.

B.

Nothing in this chapter shall be construed to authorize construction of new single-family residences in multi-family or mixed-use zones where such single-family residential use is not otherwise allowed.

(Ord. No. 2024-512, § 1(App. A), 4-30-2024)

For a parcel with a proposed or existing residential dwelling or use, the following regulations shall establish the maximum number of accessory dwellings allowed:

A.

One attached accessory dwelling unit and one detached accessory dwelling unit and two junior accessory dwelling units per lot with a proposed or existing single-family dwelling.

B.

At least one accessory dwelling unit built within an existing multi-family dwelling unit is allowed, but no more than up to twenty-five (25) percent of the existing multi-family dwelling units in the same multi-family dwelling development are allowed to build an accessory dwelling unit within its units. Fractional units will be rounded up to the next whole unit.

Multiple accessory dwelling units are allowed within the portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

All units and livable space effected in the creation of an accessory dwelling unit(s) set forth herein must comply with applicable California Building Codes.

C.

Not more than two detached accessory dwelling units are allowed on a lot that has an existing or proposed multifamily dwelling development.

(Ord. No. 2024-512, § 1(App. A), 4-30-2024)

The following table summarizes design standards for all accessory dwellings allowed by this code.

Footnotes:

1.

Any proposed accessory dwelling shall conform to the front setback of the underlying zone unless it is demonstrated through a site plan that a physical preclusion exists and hinders the development of an accessory dwelling as allowed by this code.

2.

The square footage of any accessory dwelling shall not be included in the maximum floor area ratio of the parcel.

The building area of any accessory dwelling shall not be included in the maximum lot coverage of the parcel.

4.

A junior accessory dwelling unit must have a separate entrance from the primary dwelling unit. An interior entry is required if the junior accessory dwelling unit does not include a bathroom.

5.

An accessory dwelling unit shall have a separate entrance from the primary dwelling unit provided as a side-hinged door per Section R311 of the California Residential Code.

(Ord. No. 2024-512, § 1(App. A), 4-30-2024)

The following table provides the square footage allowances for all accessory dwelling unit types:

(Ord. No. 2024-512, § 1(App. A), 4-30-2024)

14.14.080 - Allowed projections.

A.

Eaves. Roof eaves associated with an accessory dwelling shall be permitted to project into any required setback a maximum of two feet.

B.

Exterior Stairs. Exterior stairs associated with an accessory dwelling shall comply with accessory dwelling minimum setbacks. Any exterior stairs associated with an accessory dwelling shall be architecturally integrated into the exterior facade of the existing or proposed building.

C.

Porches. Porches associated with an accessory dwelling shall comply with accessory dwelling minimum setbacks. Any porch associated with an accessory dwelling shall be architecturally integrated into the exterior facade of the existing or proposed building and allowed a maximum twenty (20) square feet.

(Ord. No. 2024-512, § 1(App. A), 4-30-2024)

14.14.090 - General provisions.

A.

Short-Term Rental. An ADU shall not be rented for periods less than thirty (30) days. Short-term rentals are prohibited pursuant to Chapter 14.30 of the Los Altos Municipal Code.

B.

Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.

C.

Building Codes. Accessory dwellings shall conform to all applicable building code standards at the time of application.

D.

Impact Fees. Any applicable fees established by the City of Los Altos shall be proportional based on unit size.

E.

Connection Fees and Capacity Charges. Any connection fees and capacity charges that may be required must be assessed in compliance with the provisions of State Government Code Sections 65852.2 and 65852.22, as amended from time to time.

F.

Utilities. The accessory dwelling must provide water, sewer and electric utility connections that are in working condition upon its occupancy. The accessory dwelling may be served by the primary dwelling or may have separate utility meters. The accessory dwelling will not be considered a new residential use for the purpose of calculating connection fees or capacity charges for these utilities.

G.

Nonconforming Conditions. Ministerial approval of a permit for creation of an accessory dwelling shall not be conditioned on the correction of pre-existing nonconforming zoning conditions.

H.

Certificate of Occupancy. A certificate of occupancy for any accessory dwelling or junior accessory dwelling unit shall not be issued before the local agency issues a certificate of occupancy for the primary dwelling.

I.

Tolling. If the applicant requests a delay in processing in writing, the 60-day review time shall be tolled for the period of the delay.

J.

Historic Properties. A new accessory dwelling located on a historic property will be subject to ministerial review for compliance with the design review criteria set forth in Chapter 12.44 of the Los Altos Municipal Code and must be consistent with the Secretary of Interior's Standards for the Treatment of Historic Properties. No review by the Historic Commission shall be required.

K.

Exterior Lighting. Exterior lighting associated with an accessory dwelling shall not be permitted on the sides of the structure facing adjacent properties.

L.

Addressing. Each accessory dwelling shall be assigned its own address, consistent with the requirements of the postal service and fire authority.

M.

Deed Restriction. Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction, in a form satisfactory to the city attorney, shall be recorded at the Santa Clara County Recorder's office and filed with the city. The deed restriction shall prohibit the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, and one of the dwellings on the lot must be occupied by at least one legal owner of the property, unless the property is owned by a governmental agency, land trust or housing organization.

(Ord. No. 2024-512, § 1(App. A), 4-30-2024)

One uncovered parking space of nine feet by eighteen feet (9 X 18) shall be required for a newly constructed single-family residential accessory dwelling, which may be located within the front setback, in tandem and in an existing driveway including within an interior side yard setback area, unless the development services director determines such parking is not feasible due to specific site, topographical constraints or fire and life safety. Notwithstanding the above, a parking stall will not be required for a residential accessory dwelling that meets any of the following criteria:

1.

The single-family residential accessory dwelling is created as a result of the conversion of existing area of the single-family residence or existing permitted residential accessory structure.

2.

An existing garage, carport or parking structure is converted or demolished to accommodate a singlefamily residential accessory dwelling in the same location.

3.

The single-family residential accessory dwelling is within one-half mile walking distance of a public transit station, such as a bus stop or train station.

4.

The parcel is within an architecturally and historically significant historic district.

5.

On-street parking permits are required in the area but not offered to the occupant of the residential accessory dwelling.

6.

A vehicle share site is located within one block of the single-family residential accessory dwelling.

(Ord. No. 2024-512, § 1(App. A), 4-30-2024)

Accessory dwellings shall conform to all provisions of Chapter 11.14 of the Los Altos Municipal Code unless otherwise specified. The following mechanical equipment regulations are specific to accessory dwellings:

A.

Any mechanical equipment associated with an accessory dwelling shall locate proposed equipment on the interior sides of the accessory dwelling away from all property lines and outside of any required setback.

B.

No roof mounted mechanical equipment shall be permitted.

(Ord. No. 2024-512, § 1(App. A), 4-30-2024)

Each year the city will send out an annual ADU rental income survey to be released no later than September 1st of every calendar year. The property owner can voluntarily share the rental income for the unit. Pursuant to California Constitution Article I, Section 1 and Government Code Sections 7927.705, 7922.000, and 7922.540(a), to protect the privacy of property owners and renters and to encourage voluntary responsiveness, the aggregated data will be for the exclusive use of the city to meet its regional housing needs allocation (RHNA). The unredacted data will not be shared with outside agencies, persons or corporations unless specifically mandated by state or federal law.

(Ord. No. 2024-512, § 1(App. A), 4-30-2024)

Chapter 14.15 - ACCESSORY STRUCTURES IN R DISTRICTS

The purpose of this chapter is to provide site standards for the placement of detached accessory structures in all R (residential) districts. Both enclosed and unenclosed accessory structures, as defined in Chapter 14.02, are subject to the regulations contained herein.

(Ord. No. 2018-440, § 1, 3-13-2018)

A.

Accessory structures may not be located in a required front yard setback area, with the exception of a single arbor-style entry element as provided in Chapter 14.72.

B.

Accessory structures may be located on other areas of a property as outlined in Table 1:

setbacks)

1.

When an accessory structure is located in a side yard setback area, it shall be screened from off-site view with solid fencing which is not lower in height than the accessory structure and which is constructed in conformance with the provisions of Chapter 14.72 of this title.

2.

When an accessory structure is located in the main structure's building envelope, the height limit may be extended up to eighteen (18) feet if the additional height is necessary to establish architectural compatibility with the main structure.

3.

When a basement is located under an enclosed accessory structure, the floor area of that basement shall count toward the maximum size limit specified in Table 1.

(Ord. No. 2018-440, § 1, 3-13-2018; Ord. No. 2018-447, § 1, 7-10-2018)

In addition to compliance with the maximum allowable coverage and floor area ratio as provided by the subject zone district, the maximum coverage within the required rear yard setback area for all accessory structures, or portions thereof, that exceed six feet in height shall be thirty-five (35) percent of the total rear yard setback area.

(Ord. No. 2018-440, § 1, 3-13-2018)

No portion of an accessory structure shall extend above or beyond a daylight plane as follows:

A.

The daylight plane starts at a height of six feet at the property line and proceeds inward at a 5:12 slope to a distance of ten (10) feet from the side and rear property lines;

B.

All appurtenances, including chimneys, vents and antennas, shall be within the daylight plane;

C.

The daylight plane is not applied to a side or rear property line when it abuts a public alley or public street.

(Ord. No. 2018-440, § 1, 3-13-2018)

A.

When an accessory structure is located in a required side yard setback, a minimum clearance of five feet is required. The clearance may be provided between the accessory structure and the main structure, or between the accessory structure and the property line.

B.

When an accessory structure exceeds six feet in height and is located in a required rear yard setback, a minimum clearance of ten (10) feet is required between the accessory structure and the main structure, and a minimum clearance of five feet is required between accessory structures.

C.

For the purposes of this section, clearance is measured from outside edge of wall of each structure.

(Ord. No. 2018-440, § 1, 3-13-2018)

14.15.060 - Coverage Exception for Open Accessory Structures.

A.

Up to five percent of the lot area, but not more than five hundred (500) square feet, may be occupied by a detached accessory structure, such as an arbor (gazebo) or pergola (trellis) structure, that is open on all sides, with such area not being counted as lot coverage in residential zoning districts.

B.

No more than two hundred (200) square feet of an open accessory structure which is exempt from lot coverage, as provided in subsection (A) above, may have a solid roof.

C.

Accessory structures allowed by this section are subject to the rear yard coverage limitation as proscribed in Section 14.15.030.

(Ord. No. 2018-440, § 1, 3-13-2018)

Chapter 14.16 - R3-4.5 MULTIPLE-FAMILY DISTRICT[[3]]

Sections:

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 2019-467, § 1, adopted February 11, 2020, amended Chapter 14.16 its entirety to read as set out herein. Former Chapter 14.16, §§ 14.16.010—14.16.110 pertained to similar subject matter

and derived from Prior Code § 10-2.701—10-2.709; Ord. No. 2015-414, § 12, adopted September 8, 2015 and Ord. No. 2018-440, , § 3, March 13, 2018.

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 shall apply in the R3-4.5 District.

(Ord. No. 2019-467, § 1, 2-11-20)

The specific purpose of the R3-4.5 District is to retain and enhance the character of the Stevens Place and Marshall Court area.

(Ord. No. 2019-467, § 1, 2-11-20; Ord. No. 2023-501, § 1(App. A), 10-10-2023)

14.16.030 - Permitted uses (R3-4.5).

The following uses shall be permitted in the R3-4.5 District:

A.

Two-family dwelling units;

B.

Animals as provided in Chapter 5.10 of this code.

(Ord. No. 2019-467, § 1, 2-11-2020; Ord. No. 2023-501, § 1(App. A), 10-10-2023)

14.16.040 - Site area (R3-4.5).

The minimum site area shall be seven thousand (7,000) square feet.

(Ord. No. 2019-467, § 1, 2-11-2020; Ord. No. 2023-501, § 1(App. A), 10-10-2023)

A.

The maximum coverage for all structures in excess of six feet in height shall be sixty (60) percent of the total gross site area.

(Ord. No. 2019-467, § 1, 2-11-2020; Ord. No. 2023-501, § 1(App. A), 10-10-2023)

14.16.060 - Floor area ratio (R3-4.5).

A.

The maximum floor area shall be fifty-five (55) percent of the gross lot area.

(Ord. No. 2019-467, § 1, 2-11-2020; Ord. No. 2023-501, § 1(App. A), 10-10-2023)

No minimum or maximum unit size shall be applicable, except for accessary dwelling units as allowed in Chapter 14.14 of the Los Altos Municipal Code.

(Ord. No. 2019-467, § 1, 2-11-2020; Ord. No. 2023-501, § 1(App. A), 10-10-2023)

A.

The minimum setbacks shall be as follows:

B.

The second story setback shall be measured from the wall of the second story, or in the case of a sloping ceiling or roof where there is no exterior wall, from the point the second story ceiling has a height of five feet or greater from the finished floor.

C.

When a unit has an existing nonconforming setback and fifty (50) percent or more of the floor area of that unit is voluntarily being rebuilt or replaced, the entire unit shall be brought into conformance with current setback requirements. This threshold is applied to each unit within a two-family dwelling and does not require both units to be brought into conformance when only one unit is being modified under the threshold above. For the purposes of this section, the garage portion of the structure shall be considered a separate unit.

(Ord. No. 2019-467, § 1, 2-11-2020)

A.

No structure shall exceed three stories or thirty-six (36) feet in height as measured from the existing natural grade immediately adjacent to the proposed structure.

(Ord. No. 2019-467, § 1, 2-11-2020; Ord. No. 2023-501, § 1(App. A), 10-10-2023)

14.16.100 - Design control (R3-4.5).

A.

Building Massing and Articulation.

1.

For buildings exceeding the height limit established in the applicable base and overlay zone, the right-ofway-facing façades of the uppermost floor must be embedded in a sloped roof form as allowed by Section 14.16.1100.A.4.

2.

Vertical Articulation.

a.

Each building volume shall be defined according to one of the following classifications:

i.

Main body (one per building): The widest volume of the structure, containing main entrances and the most public interior spaces.

ii.

Wing (optional, multiple per main body allowed): A narrower volume attached to a main body volume.

b.

Each main body volume shall contain at least one entrance.

c.

Street-facing wings shall be recessed by no less than three feet relative to the front façade of the Main body.

d.

The eave/roof of a wing shall be no higher than the corresponding elements of the main body.

3.

R-1 Adjacencies.

a.

Building façade planes abutting an R-1 district may not exceed forty-eight (48) feet in width.

b.

When a building façade abutting an R-1 district exceeds forty-eight (48) feet in width, it must be separated into façade bays no greater than forty-eight (48) feet by a recess five feet wide and five feet deep.

c.

Balconies, roof decks and other habitable outdoor space is not allowed on upper-story façades abutting R- 1 zones.

d.

Sliding glass doors, French doors, and floor-to-ceiling windows are not allowed on upper-story façades abutting R-1 zones.

==> picture [180 x 138] intentionally omitted <==

4.

Roofline and Roof Design.

a.

Acceptable roof forms are limited to:

i.

Hipped.

ii.

Gable.

iii.

Dormer.

b.

When the top story is stepped back and embedded in a sloped roof form, the floor below must (and other floors may) be stepped back to meet the slope of the top floor.

==> picture [180 x 129] intentionally omitted <==

c.

Façade facing R-1 Zone must utilize a hipped or gable roof and may incorporate dormers.

d.

Roofline at corners shall not exceed roofline of adjacent wallplanes by more than twenty-four (24) inches.

B.

Building Design.

1.

Façade Composition. Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

2.

Building Entrances. Building entrances must incorporate one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

a.

Stoop.

b.

Porch.

c.

Dooryard.

3.

Primary Entrance Location(s). Locate primary entrance along the front right-of-way and/or interior courtyard.

4.

Ground Floor Floor-to-Ceiling Height. Minimum twelve (12) inches taller than typical upper floor floor-toceiling height.

==> picture [180 x 153] intentionally omitted <==

C.

Window Design.

1.

All windows must have a sill.

2.

Vinyl sliding windows are prohibited on façades visible from a right-of-way.

D.

Building Materials.

1.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum are not permitted.

c.

Stone.

d.

Brick.

2.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (watertable and building base only).

d.

Brick (watertable and building base only).

e.

Tile.

f.

Concrete (watertable and building base only, board-form only, cast concrete not permitted).

E.

Screening.

1.

Service, trash, and utility areas must be screened from view of the right-of-way.

2.

Screening must be architecturally consistent with primary building in terms of materials, colors, and style.

F.

Topography and Grading.

1.

A stepped foundation is required where the average slope beneath the proposed structure exceeds ten (10) percent.

2.

Terracing and plantings must reflect the shape of the natural terrain.

G.

Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all multifamily development in the R3-4.5 District.

(Ord. No. 2019-467, § 1, 2-11-2020; Ord. No. 2021-478, § 1, 9-14-2021)

14.16.110 - Off-street parking (R3-4.5).

As provided in Chapter 14.74 of this title.

(Ord. No. 2019-467, § 1, 2-11-2020)

14.06.120 - Basements (R3-4.5).

Basements shall be regulated as follows:

A.

Basements shall not extend beyond the floor area of the first floor of the main or accessory structure above;

B.

Light wells, ingress and egress wells, patio wells, and other similar elements shall not be permitted within a required front or exterior side yard setback. These elements may be permitted within an interior side or rear yard setback, but in no event closer than five feet to a property line;

C.

Light wells, ingress and egress wells, patio wells, and other similar elements shall utilize vertical retaining walls. Contour graded slopes, which expose the basement as a story, are prohibited.

D.

Light wells, ingress and egress wells, patio wells, and other similar elements shall be at least seventy-five (75) percent open in area to light and air above.

(Ord. No. 2019-467, § 1, 2-11-2020)

14.16.130 - Signs (R3-4.5).

As provided in Chapter 14.68 of this title.

(Ord. No. 2019-467, § 1, 2-11-2020)

14.16.140 - Fences (R3-4.5).

As provided in Chapter 14.72 of this title.

(Ord. No. 2019-467, § 1, 2-11-20)

14.16.150 - Nonconforming use regulations (R3-4.5).

As provided in Chapter 14.66 of this title.

(Ord. No. 2019-467, § 1, 2-11-2020)

14.16.160 - Accessory structures.

As provided in Chapter 14.15 of this title, and with the following parameters:

A.

Yard areas adjacent to Homestead Road or an R1 District shall be treated as the rear yards for the purposes of this section.

B.

Accessory structures will not be permitted in any other setback area.

(Ord. No. 2019-467, § 1, 2-11-2020)

Chapter 14.18 - R3-5 MULTIPLE-FAMILY DISTRICT

Sections:

14.18.010 - R3-5 District.

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 shall apply in the R3-5 District.

(Prior code § 10-2.801)

14.18.020 - Permitted uses (R3-5).

The following uses shall be permitted in the R3-5 District:

A.

Residential housing developments with two or more units; and

B.

Animals as provided in Chapter 5.10 of this code.

(Prior code § 10-2.802)

(Ord. No. 2023-501, § 2(App. B), 10-10-2023)

The maximum density permitted shall be constructed unless it is determined by the city council that a less dense project would be in the best interests of the community. In approving a less dense project, the city council shall make at least one of the following findings:

A.

That a maximum density project would be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity;

B.

That the development of fewer units would enhance opportunities for the development of affordable housing within the project.

(Prior code § 10-2.802.1)

14.18.040 - Site area (R3-5).

The minimum site area shall be five thousand (5,000) square feet.

(Prior code § 10-2.803)

(Ord. No. 2023-501, § 2(App. B), 10-10-2023)

14.18.050 - Coverage (R3-5).

A.

The maximum coverage for all structures in excess of six feet in height shall be sixty (60) percent of the total gross site area.

(Prior code § 10-2.804)

(Ord. No. 2023-501, § 2(App. B), 10-10-2023)

14.18.060 - Front yard (R3-5).

The minimum depth of front yards shall be forty (40) feet.

(Prior code § 10-2.805)

(Ord. No. 2023-501, § 2(App. B), 10-10-2023)

14.18.070 - Side yards (R3-5).

A.

The minimum width of side yards shall be fifteen (15) feet, except that on a corner lot, the minimum width of the side yard adjoining the street shall be twenty-five (25) feet.

B.

Where a side yard abuts on an R1-10 District, the minimum side yard shall be twenty-five (25) feet, of which the ten (10) feet abutting the property in the R1-10 District shall have a six-foot solid fence or wall outside a planting screen of evergreen trees or bushes of a variety, height, and spacing as required and approved by the zoning administrator.

(Prior code § 10-2.806)

(Ord. No. 2023-501, § 2(App. B), 10-10-2023)

The minimum depth of rear yards shall be thirty (30) feet. When the rear yard abuts on an R1-10 District, the first ten (10) feet abutting the property in the R1-10 District shall have a six-foot solid fence or wall outside a planting screen of evergreen trees or bushes of a variety, height, and spacing as required and approved by the zoning administrator.

(Prior code § 10-2.807)

(Ord. No. 2023-501, § 2(App. B), 10-10-2023)

The requirements set forth in Section 14.66.210 shall apply to this chapter.

(Prior code § 10-2.808)

14.18.100 - Off-street parking (R3-5).

(As provided in Chapter 14.74 of this title.)

(Prior code § 10-2.809)

14.18.110 - Height of structures (R3-5).

No structure shall exceed three stories or thirty-six (36) feet in height as measured from the existing natural grade immediately adjacent to the proposed structure.

(Prior code § 10-2.810)

(Ord. No. 2023-501, § 2(App. B), 10-10-2023)

14.18.120 - Design control (R3-5).

A.

Building Massing and Articulation.

1.

For buildings exceeding the height limit established in the applicable base and overlay zone, the right-ofway-facing façades of the uppermost floor must be embedded in a sloped roof form as allowed by Section 14.18.120.A.4.

2.

Vertical Articulation.

a.

Each building volume shall be defined according to one of the following classifications:

i.

Main body (one per building): The widest volumes of the structure, containing main entrances and the most public interior spaces.

ii.

Wing (optional, multiple per main body allowed): A narrower volume attached to a main body volume.

b.

Each main body volume shall contain at least one entrance.

c.

Street-facing wings shall be recessed by no less than three feet relative to the front façade of the main body.

d.

The eave/roof of a wing shall be no higher than the corresponding elements of the main body.

3.

R-1 Adjacencies.

a.

Building façade planes abutting an R-1 district may not exceed forty-eight (48) feet in width.

b.

When a building façade abutting an R-1 district exceeds forty-eight (48) feet in width, it must be separated into façade bays no greater than forty-eight (48) feet by a recess five feet wide and five feet deep.

c.

Balconies, roof decks and other habitable outdoor space is not allowed on upper-story façades abutting R- 1 zones.

d.

Sliding glass doors, French doors, and floor-to-ceiling windows are not allowed on upper-story façades abutting R-1 zones.

==> picture [216 x 171] intentionally omitted <==

Roofline and Roof Design.

a.

Acceptable roof forms:

i.

Hipped.

ii.

Gable.

iii.

Dormer.

b.

When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.

==> picture [216 x 134] intentionally omitted <==

c.

Façade facing R-1 Zone must utilize a hipped or gable roof and may incorporate dormers.

d.

Roofline at corners shall not exceed roofline of adjacent wallplanes by more than twenty-four (24) inches.

B.

Building Design.

1.

Façade Composition. Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

2.

Building Entrances. Building entrances must incorporate one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

a.

Stoop.

b.

Porch.

c.

Dooryard.

3.

Primary Entrance Location(s). Locate primary entrance on the front ROW and/or interior courtyard.

4.

Ground Floor Floor-to-Ceiling Height. Minimum twelve (12) inches taller than typical upper floor floor-toceiling height.

==> picture [216 x 162] intentionally omitted <==

C.

Window Design.

1.

All windows must have a sill.

2.

Vinyl sliding windows are prohibited on façades visible from a right-of-way.

D.

Building Materials.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone.

d.

Brick.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (watertable and building base only).

d.

Brick (watertable and building base only).

e.

Tile.

f.

Concrete (watertable and building base only, board-form only, cast concrete not permitted).

E.

Landscaping.

1.

Landscaping must be placed on each side of a driveway at grade or in raised planters.

2.

Low walls and/or hedges must screen the parking along the sidewalk. When walls are used, the materials and design must be compatible with and not obscure the architectural style of the building.

F.

Screening.

1.

Service, trash, and utility areas must be screened from view of the right-of-way.

2.

Screening must be architecturally consistent with primary building in terms of materials, colors, and style.

G.

Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all multifamily development in the R3-5 District.

(Amended during 2/06 supplement; prior code § 10-2.812)

(Ord. No. 2021-478, § 1, 9-14-2021)

14.18.130 - Signs (R3-5).

(As provided in Chapter 14.68 of this code.)

(Prior code § 10-2.813; Ord. No. 2015-414, § 12, 9-8-2015)

14.18.140 - Fences (R3-5).

(As provided in Chapter 14.72 of this title.)

(Prior code § 10-2.814)

14.18.150 - Nonconforming use regulations (R3-5).

(As provided in Chapter 14.66 of this title.)

(Prior code § 10-2.815)

14.18.160 - Accessory structures.

As provided in Chapter 14.15 of this title.

(Ord. No. 2018-440, § 3, 3-13-2018)

Chapter 14.20 - R3-3 MULTIPLE-FAMILY DISTRICT

Sections:

14.20.010 - R3-3 District.

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 shall apply in all R3-3 Districts.

(Prior code § 10-2.901)

14.20.020 - Permitted uses (R3-3).

The following uses shall be permitted in R3-3 Districts:

A.

Residential housing developments with two or more units; and

B.

Animals as provided in Chapter 5.10 of this code.

(Prior code § 10-2.902)

(Ord. No. 2023-501, § 3(App. C), 10-10-2023)

The maximum density permitted shall be constructed unless it is determined by the city council that a less dense project would be in the best interests of the community. In approving a less dense project, the city council shall make at least one of the following findings:

A.

That a maximum density project would be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity;

B.

That the development of fewer units would enhance opportunities for the development of affordable housing within the project.

(Prior code § 10-2.902.1)

14.20.040 - Site area (R3-3).

The minimum site area shall be three thousand (3,000) square feet.

(Prior code § 10-2.903)

(Ord. No. 2023-501, § 3(App. C), 10-10-2023)

14.20.050 - Coverage (R3-3).

A.

The maximum coverage for all structures in excess of six feet in height shall be sixty (60) percent of the total gross site area.

(Prior code § 10-2.904)

(Ord. No. 2023-501, § 3(App. C), 10-10-2023)

14.20.060 - Front yard (R3-3).

The minimum depth of front yards shall be forty (40) feet.

(Prior code § 10-2.905)

(Ord. No. 2023-501, § 3(App. C), 10-10-2023)

A.

The minimum width of side yards shall be fifteen (15) feet, except that on a corner lot, the minimum width of the side yard adjoining the street shall be twenty-five (25) feet.

B.

Where a side yard abuts on an R1-10 District, the minimum side yard shall be twenty-five (25) feet, of which the ten (10) feet abutting the property in the R1-10 District shall have a six-foot solid fence or wall outside a planting screen of evergreen trees or bushes of a variety, height, and spacing as required and approved by the zoning administrator.

(Prior code § 10-2.906)

(Ord. No. 2023-501, § 3(App. C), 10-10-2023)

14.20.080 - Rear yard (R3-3).

The minimum depth of rear yards shall be thirty (30) feet. When the rear yard abuts on an R1-10 District, the first ten (10) feet abutting the property in the R1-10 District shall have a six-foot solid fence or wall outside a planting screen of evergreen trees or bushes of a variety, height, and spacing as required and approved by the zoning administrator.

(Prior code § 10-2.907)

(Ord. No. 2023-501, § 3(App. C), 10-10-2023)

14.20.090 - Distances between structures (R3-3).

The requirements set forth in Section 14.66.210 shall apply to this chapter.

(Prior code § 10-2.908)

14.20.100 - Off-street parking (R3-3).

(As provided in Chapter 14.74 of this title for the R3-5 District.)

(Prior code § 10-2.909)

14.20.110 - Height of structures (R3-3).

No structure shall exceed three stories or thirty-six (36) feet in height as measured from the existing natural grade immediately adjacent to the proposed structure.

(Prior code § 10-2.910)

(Ord. No. 2023-501, § 3(App. C), 10-10-2023)

14.20.120 - Design control (R3-3).

A.

Building Massing and Articulation.

For buildings exceeding the height limit established in the applicable base and overlay zone, the right-ofway-facing façades of the uppermost floor must be embedded in a sloped roof form as allowed by Section 14.20.120.A.4.

2.

Vertical Articulation.

a.

Each building volume shall be defined according to one of the following classifications:

i.

Main body (one per building): The widest volumes of the structure, containing main entrances and the most public interior spaces.

ii.

Wing (optional, multiple per main body allowed): A narrower volume attached to a main body volume.

b.

Each main body volume shall contain at least one entrance.

c.

Street-facing wings shall be recessed by no less than three feet relative to the front façade of the main body.

d.

The eave/roof of a wing shall be no higher than the corresponding elements of the main body.

3.

R-1 Adjacencies.

a.

Building façade planes abutting an R-1 district may not exceed forty-eight (48) feet in width.

b.

When a building façade abutting an R-1 district exceeds forty-eight (48) feet in width, it must be separated into façade bays no greater than forty-eight (48) feet by a recess five feet wide and five feet deep.

c.

Balconies, roof decks and other habitable outdoor space is not allowed on upper-story façades abutting R- 1 zones.

d.

Sliding glass doors, French doors, and floor-to-ceiling windows are not allowed on upper-story façades abutting R-1 zones.

==> picture [216 x 182] intentionally omitted <==

4.

Roofline and Roof Design.

a.

Acceptable roof forms:

i.

Hipped.

ii.

Gable.

iii.

Dormer.

b.

When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.

c.

Façade facing R-1 Zone must utilize a hipped or gable roof and may incorporate dormers.

==> picture [216 x 141] intentionally omitted <==

d.

Roofline at corners shall not exceed roofline of adjacent wallplanes by more than twenty-four (24) inches.

B.

Building Design.

1.

Façade Composition. Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

2.

Building Entrances. Building entrances must incorporate one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

a.

Stoop.

b.

Porch.

c.

Dooryard.

3.

Primary Entrance Location(s). Locate primary entrance along the front right-of-way and/or interior courtyard.

4.

Ground Floor Floor-to-Ceiling Height. Minimum twelve (12) inches taller than typical upper floor floor-toceiling height.

==> picture [216 x 174] intentionally omitted <==

C.

Window Design.

1.

All windows must have a sill.

2.

Vinyl sliding windows are prohibited on façades visible from a right-of-way.

D.

Building Materials.

1.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone.

d.

Brick.

2.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (watertable and building base only).

d.

Brick (watertable and building base only).

e.

Tile.

f.

Concrete (watertable and building base only, board-form only, cast concrete not permitted).

E.

Landscaping.

1.

Landscaping must be placed on each side of a driveway at grade or in raised planters.

2.

Low walls and/or hedges must screen the parking along the sidewalk. When walls are used, the materials and design must be compatible with and not obscure the architectural style of the building.

F.

Screening.

1.

Service, trash, and utility areas must be screened from view of the right-of-way.

2.

Screening must be architecturally consistent with primary building in terms of materials, colors, and style.

G.

Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all multifamily development in the R3-3 District.

(Amended during 2/06 supplement; prior code § 10-2.912)

(Ord. No. 2021-478, § 1, 9-14-2021)

14.20.130 - Signs (R3-3).

(As provided in Chapter 14.68 of this code.)

(Prior code § 10-2.913; Ord. No. 2015-414, § 12, 9-8-2015)

14.20.140 - Fences (R3-3).

(As provided in Chapter 14.72 of this title.)

(Prior code § 10-2.914)

14.20.150 - Nonconforming use regulations (R3-3).

(As provided in Chapter 14.66 of this title.)

(Prior code § 10-2.915)

14.20.160 - Accessory structures.

As provided in Chapter 14.15 of this title.

(Ord. No. 2018-440, § 3, 3-13-2018)

Chapter 14.22 - R3-1.8 MULTIPLE-FAMILY DISTRICT

Sections:

14.22.010 - R3-1.8 District.

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 shall apply in the R3-1.8 District.

(Prior code § 10-2.1001)

14.22.020 - Permitted uses (R3-1.8).

The following uses shall be permitted in the R3-1.8 District:

A.

Multi-family residential dwelling units; and

B.

Animals as provided in Chapter 5.10 of this code.

(Ord. 02-410 § 2; prior code § 10-2.1002)

(Ord. No. 2023-501, § 4(App. D), 10-10-2023)

The maximum density permitted shall be constructed unless it is determined by the city council that a less dense project would be in the best interests of the community. In approving a less dense project, the city council shall make at least one of the following findings:

A.

That a maximum density project would be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity;

B.

That the development of fewer units would enhance opportunities for the development of affordable housing within the project.

(Prior code § 10-2.1002.1)

The maximum coverage for all structures shall be sixty-five (65) percent of the total gross site.

(Prior code § 10-2.1004)

(Ord. No. 2023-501, § 4(App. D), 10-10-2023)

Editor's note— Ord. No. 2023-501, § 4(App. D), adopted Oct. 10, 2023, repealed § 14.22.040, and subsequently renumbered the remaining sections accordingly. Former § 14.22.040 pertained to site area (R3-1.8) and derived from prior code § 10-2.1003.

14.22.050 - Front yard (R3-1.8).

The minimum depth of front yards shall be twenty (20) feet.

(Prior code § 10-2.1005)

(Ord. No. 2023-501, § 4(App. D), 10-10-2023)

Editor's note— Former § 14.22.060. See Editor's Note at § 14.22.040.

14.22.060 - Side yards (R3-1.8).

The minimum width of side yards shall be seven and one-half feet, except that on a corner lot, the minimum width of the side yard adjoining the street shall be fifteen (15) feet.

(Prior code § 10-2.1006)

(Ord. No. 2012-375, § 5, 1-24-2012; Ord. No. 2023-501, § 4(App. D), 10-10-2023)

Editor's note— Former § 14.22.070. See Editor's Note at § 14.22.040.

14.22.070 - Rear yard (R3-1.8).

The minimum depth of rear yards shall be twenty-five (25) feet. When the rear yard abuts on R1-10 District, the first ten (10) feet abutting on the property in the R1-10 District shall have a six-foot solid fence or wall outside a planting screen of evergreen trees or bushes of a variety, height, and spacing as approved by the zoning administrator.

(Prior code § 10-2.1007)

(Ord. No. 2023-501, § 4(App. D), 10-10-2023)

Editor's note— Former § 14.22.080. See Editor's Note at § 14.22.040.

14.22.080 - Off-street parking (R3-1.8).

(As provided in Chapter 14.74 of this title.)

(Prior code § 10-2.1008)

(Ord. No. 2023-501, § 4(App. D), 10-10-2023)

Editor's note— Former § 14.22.090. See Editor's Note at § 14.22.040.

14.22.090 - Height of structures (R3-1.8).

No structure shall exceed three stories or thirty-six (36) feet in height as measured from the existing natural grade immediately adjacent to the proposed structure.

(Prior code § 10-2.1009)

(Ord. No. 2023-501, § 4(App. D), 10-10-2023)

Editor's note— Former § 14.22.100. See Editor's Note at § 14.22.040.

14.22.100 - Design control (R3-1.8).

A.

Building Massing and Articulation.

1.

Upper-story step-backs.

a.

Front: Minimum five feet from ground floor façade for third story and above for building façades fifty (50) feet or greater in width.

b.

Street side: Minimum five feet from ground floor façade for third story and above for building façades fifty (50) feet or greater in width.

c.

For buildings exceeding the height limit established in the applicable base and overlay zone, the right-ofway-facing façades of the uppermost floor must be embedded in a sloped roof form as allowed by Section 14.22.100.A.4.

2.

Vertical Articulation.

a.

Each building volume shall be defined according to one of the following classifications:

i.

Main body (one per building): The widest volumes of the structure, containing main entrances and the most public interior spaces.

ii.

Wing (optional, multiple per main body allowed): A narrower volume attached to a main body volume.

b.

Each main body volume shall contain at least one entrance.

c.

Street-facing wings shall be recessed by no less than three feet relative to the front façade of the main body.

d.

The eave/roof of a wing shall be no higher than the corresponding elements of the main body.

R-1 Adjacencies.

a.

Building façade planes abutting an R-1 district may not exceed forty-eight (48) feet in width.

b.

When a building façade abutting an R-1 district exceeds forty-eight (48) feet in width, it must be separated into façade bays no greater than forty-eight (48) feet by a recess five feet wide and five feet deep.

c.

Balconies, roof decks and other habitable outdoor space is not allowed on upper-story façades abutting R- 1 zones.

d.

Sliding glass doors, French doors, and floor-to-ceiling windows are not allowed on upper-story façades abutting R-1 zones.

==> picture [216 x 192] intentionally omitted <==

Roofline and Roof Design.

a.

Acceptable roof forms:

i.

Hipped.

ii.

Gable.

iii.

Dormer.

b.

When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.

==> picture [216 x 141] intentionally omitted <==

c.

Façade facing R-1 Zone must utilize a hipped or gable roof and may incorporate dormers.

d.

Roofline at corners shall not exceed roofline of adjacent wallplanes by more than twenty-four (24) inches.

B.

Building Design.

1.

Façade Composition. Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

2.

Building Entrances. Building entrances must incorporate one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

a.

Stoop.

b.

Porch.

c.

Dooryard.

3.

Primary Entrance Location(s). Locate primary entrance on the front ROW and/or interior courtyard.

4.

Ground Floor Floor-to-Ceiling Height. Minimum twelve (12) inches taller than typical upper floor floor-toceiling height.

==> picture [216 x 183] intentionally omitted <==

C.

Storage. Each multi-family residential dwelling unit shall have a minimum of ninety-six (96) cubic feet of enclosed storage, excluding closet and garage areas.

D.

Window Design.

All windows must have a sill.

2.

Vinyl sliding windows are prohibited on façades visible from a right-of-way.

E.

Building Materials.

1.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone.

d.

Brick.

2.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (watertable and building base only).

d.

Brick (watertable and building base only).

e.

Tile.

f.

Concrete (watertable and building base only, board-form only, cast concrete not permitted).

F.

Landscaping.

1.

Landscaping must be placed on each side of a driveway at grade or in raised planters.

2.

Low walls and/or hedges must screen the parking along the sidewalk. When walls are used, the materials and design must be compatible with and not obscure the architectural style of the building.

G.

Screening.

1.

Service, trash, and utility areas must be screened from view of the right-of-way.

2.

Screening must be architecturally consistent with primary building in terms of materials, colors, and style.

H.

Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all multifamily development in the R3-1.8 District.

(Amended during 2/06 supplement; Ord. 02-410 § 3; prior code § 10-2.1011)

(Ord. No. 2021-478, § 1, 9-14-2021; Ord. No. 2023-501, § 4(App. D), 10-10-2023)

Editor's note— Former § 14.22.110. See Editor's Note at § 14.22.040.

On lots facing on Gabilan Street and known as Lots 4 through 14 and Lot 24 of Block 34, Map No. 3, town of Los Altos, the side yard abutting the R1-10 District shall be not less than ten (10) feet for a one-story building, of which five feet shall be landscaped as provided in Section 14.22.070 of this chapter, and no structure shall exceed one story or fifteen (15) feet in height if located within fifty (50) feet of the R1-10 District.

(Prior code § 10-2.1012)

(Ord. No. 2023-501, § 4(App. D), 10-10-2023)

Editor's note— Former § 14.22.120. See Editor's Note at § 14.22.040.

14.22.120 - Signs (R3-1.8).

(As provided in Chapter 14.68 of this code.)

(Prior code § 10-2.1013; Ord. No. 2015-414, § 12, 9-8-2015)

(Ord. No. 2023-501, § 4(App. D), 10-10-2023)

Editor's note— Former § 14.22.130. See Editor's Note at § 14.22.040.

14.22.130 - Fences (R3-1.8).

(As provided in Chapter 14.72 of this title.)

(Prior code § 10-2.1014)

(Ord. No. 2023-501, § 4(App. D), 10-10-2023)

Editor's note— Former § 14.22.140. See Editor's Note at § 14.22.040.

14.22.140 - Nonconforming use regulations (R3-1.8).

(As provided in Chapter 14.66 of this title.)

(Prior code § 10-2.1015)

(Ord. No. 2023-501, § 4(App. D), 10-10-2023)

Editor's note— Former § 14.22.150. See Editor's Note at § 14.22.040.

14.22.150 - Accessory structures.

As provided in Chapter 14.15 of this title.

(Ord. No. 2018-440, § 3, 3-13-2018; Ord. No. 2023-501, § 4(App. D), 10-10-2023)

Editor's note— Former § 14.22.160. See Editor's Note at § 14.22.040.

Chapter 14.24 - R3-1 MULTIPLE-FAMILY DISTRICT

Sections:

14.24.010 - R3-1 Districts.

The regulations, general provisions, and exceptions set forth in this chapter and Chapter 14.66 shall apply in all R3-1 Districts.

(Prior code § 10-2.1101)

14.24.020 - Permitted uses (R3-1).

The following uses shall be permitted in R3-1 Districts:

A.

Residential only development(s); and

B.

Animals as provided in Chapter 5.10 of this code.

(Prior code § 10-2.1102)

(Ord. No. 2023-501, § 5(App. E), 10-10-2023)

The maximum density permitted shall be constructed unless it is determined by the city council that a less dense project would be in the best interests of the community. In approving a less dense project, the city council shall make at least one of the following findings:

A.

That a maximum density project would be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity;

B.

That the development of fewer units would enhance opportunities for the development of affordable housing within the project.

(Prior code § 10-2.1102.1)

The minimum site area shall be five thousand one hundred (5,100) square feet.

(Prior code § 10-2.1103)

(Ord. No. 2023-501, § 5(App. E), 10-10-2023)

The maximum coverage for all structures shall be sixty-five (65) percent of the total area of the site, including garages (not including driveways or off-street parking areas).

(Prior code § 10-2.1104)

(Ord. No. 2023-501, § 5(App. E), 10-10-2023)

The minimum depth of front yards shall be twenty (20) feet.

(Prior code § 10-2.1105)

(Ord. No. 2023-501, § 5(App. E), 10-10-2023)

The minimum width of side yards shall be seven and one-half feet, except that on a corner lot, the minimum width of the side yard adjoining the street shall be fifteen (15) feet.

(Prior code § 10-2.1106)

(Ord. No. 2023-501, § 5(App. E), 10-10-2023)

The minimum depth of rear yards shall be twenty-five (25) feet.

(Prior code § 10-2.1107)

(Ord. No. 2023-501, § 5(App. E), 10-10-2023)

14.24.090 - Off-street parking (R3-1).

(As provided in Chapter 14.74 of this title.)

(Prior code § 10-2.1108)

14.24.100 - Height of structures (R3-1).

A.

Residential only development(s) building height shall be a maximum of forty (40) feet and four (4) stories as measured from the existing natural grade immediately adjacent to the proposed structure.

(Prior code § 10-2.1109)

(Ord. No. 2023-501, § 5(App. E), 10-10-2023)

14.24.110 - Design control (R3-1).

A.

Building Placement. A minimum eighty-five (85) percent of the building frontage must be built at the minimum setback line. This standard applies to the building frontage only (exclusive of side setbacks).

B.

Building Massing and Articulation.

Upper-story step-backs.

a.

Front: Minimum five feet from ground floor façade for fourth story and above for building façades fifty (50) feet or greater in width.

b.

Street Side: Minimum five feet from ground floor façade for fourth story and above for building façades fifty (50) feet or greater in width.

c.

Interior Side and Rear Abutting an R-1 District: Minimum five feet from ground floor façade for fourth story and above.

d.

For buildings exceeding the height limit established in the applicable base and overlay zone, the right-ofway-facing façades of the uppermost floor must be embedded in a sloped roof form as allowed by Section 14.24.110.A.5.

2.

Vertical Articulation. When a building façade exceeds fifty (50) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum three feet deep and ten (10) feet wide.

==> picture [216 x 108] intentionally omitted <==

3.

R-1 Adjacencies.

a.

Building façade planes abutting an R-1 district may not exceed forty-eight (48) feet in width.

b.

When a building façade abutting an R-1 district exceeds forty-eight (48) feet in width, it must be separated into façade bays no greater than forty-eight (48) feet by a recess five feet wide and five feet deep.

==> picture [216 x 139] intentionally omitted <==

c.

Balconies, roof decks and other habitable outdoor space is not allowed on upper-story façades abutting R- 1 zones.

d.

Sliding glass doors, French doors, and floor-to-ceiling windows are not allowed on upper-story façades abutting R-1 zones.

4.

Privacy and Line of Sight.

a.

Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building.

b.

Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque.

c.

The maximum sill height for an ingress/egress window is forty-four (44) inches from finished floor.

==> picture [216 x 107] intentionally omitted <==

Roofline and Roof Design.

a.

Roof designs shall be limited to:

i.

Hipped.

ii.

Gable.

iii.

Dormer.

iv.

Parapet.

(a)

When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:

(1)

Steps.

(2)

Curves.

(3)

Angled surfaces.

(b)

Parapet limited to twenty-five (25) percent of cumulative roof perimeter on the third floor and above.

(c)

The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.

b.

When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.

==> picture [216 x 134] intentionally omitted <==

c.

Façade facing R-1 Zone must utilize a hipped or gable roof and may incorporate dormers.

d.

Corner Treatment. Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twenty-four (24) inches.

C.

Building Design.

1.

Façade Composition.

a.

Building façades must continue the pattern established by existing buildings in Downtown Los Altos by reinforcing the underlying maximum twenty-five (25) foot module along all street frontages through the use of the following techniques:

i.

Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns.

ii.

The pattern shall be visually expressed through the spacing of openings, recesses, eaves, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

iii.

Façades shall incorporate at least one element that signals habitation, such as porches, bay windows, or balconies.

iv.

Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

b.

At least two of the following strategies must be used in a manner that reinforces the maximum twenty-five (25) foot module:

i.

Change in roof parapet height or shape.

ii.

Change in roof style.

iii.

Change in materials palette.

iv.

Change in building height, minimum eight-foot difference.

v.

Change in frontage type or change in details of shopfront frontage type if used.

vi.

Use of upper floor projections such as bay windows or balconies.

2.

Building Entrances. Building entrances must incorporate one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

a.

Stoop.

b.

Porch.

c.

Dooryard.

d.

Gallery.

e.

Arcade.

f.

Forecourt.

i.

Forecourts must feature at least one entry to a shop and/or second floor use.

ii.

Forecourts for buildings more than seventy (70) feet in length along a right-of-way must have a minimum width and depth of fifteen (15) feet from front façade. Width of forecourt shall be equal to or greater than depth.

iii.

The size of the forecourt must be appropriate relative to the size of the building. The maximum ratio of building height to forecourt is 2:1 (height < 2 x width).

iv.

Forecourt must be enclosed on at least three sides by buildings.

v.

Forecourt must remain open to the sky (arbors and trellises are allowed).

g.

Terrace.

3.

Primary Entrance Location(s). Locate primary entrance on the front ROW and/or interior courtyard.

4.

Individual Entries. Ground floor residential units facing a street must provide individual entries along the street frontage.

Interior Courtyard. Interior courtyards must be:

a.

Enclosed on at least two sides by buildings.

b.

Open to the sky (arbors and trellises are allowed).

c.

A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.

6.

Paseos. Paseos must be:

a.

A minimum width of ten (10) feet for through-block paseos.

b.

A minimum width of four feet for entries to courtyards or individual single businesses.

7.

Ground Floor Floor-to-Ceiling Height. Minimum twelve (12) inches taller than typical upper floor floor-toceiling height.

==> picture [216 x 183] intentionally omitted <==

D.

Window Design.

1.

All windows must have a sill.

Vinyl sliding windows are prohibited on façades visible from a right-of-way.

E.

Building Materials.

1.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone.

d.

Brick.

2.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (watertable and building base only).

d.

Brick (watertable and building base only).

e.

Tile.

f.

Metal (matte finish or Cor-ten).

i.

Ribbed metal, titanium, and mirrored finishes not allowed.

g.

Concrete Masonry Units (watertable and building base only, and not allowed on any façade facing a rightof-way or a single-family zone).

h.

Concrete (watertable and building base only, board-form only, cast concrete not permitted).

F.

Landscaping and Paving.

1.

Landscaping must be placed on each side of a driveway at grade or in raised planters.

Low walls and/or hedges must screen the parking along the sidewalk. When walls are used, the materials and design must be compatible with and not obscure the architectural style of the building.

3.

A minimum seventy-five (75) percent of on-site paving material must be pervious/permeable.

G.

Screening.

Service areas must be located at the rear of lot or along a parking plaza.

2.

Screening must be architecturally consistent with primary building in terms of materials, colors, and style.

H.

Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all multifamily development in the R3-1 District.

(Amended during 2/06 supplement; prior code § 10-2.1110)

(Ord. No. 2021-478, § 1, 9-14-2021)

14.24.120 - Signs (R3-1).

(As provided in Chapter 14.68 of this code.)

(Prior code § 10-2.1111; Ord. No. 2015-414, § 12, 9-8-2015)

14.24.130 - Fences (R3-1).

(As provided in Chapter 14.72 of this title.)

(Prior code § 10-2.1112)

14.24.140 - Nonconforming use regulations (R3-1).

(As provided in Chapter 14.66 of this title.)

(Prior code § 10-2.1113)

14.24.150 - Conditional uses (R3-1).

Upon the granting of a use permit in accord with Chapter 14.80 of this title, hotels shall be permitted in the R3-1 District.

(Prior code § 10-2.1115)

As provided in Chapter 14.15 of this title.

(Ord. No. 2018-440, § 3, 3-13-2018)

Chapter 14.26 - CONVERSIONS TO COMMUNITY HOUSING

Sections:

In keeping with the goals and objectives of the housing element of the general plan of the city, the purposes of this chapter are as follows:

A.

To maintain an adequate supply of rental housing in the city and a variety of choices of tenure, type, price, and location of housing;

B.

To reduce and avoid the displacement of long-term residents, particularly senior citizens, who may be required to move from the community due to a shortage of replacement rental housing; and

C.

To insure that converted housing achieves high quality appearance and safety.

(Prior code § 10-2.1151)

14.26.020 - Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, used certain words and phrases in this chapter are defined as follows:

A.

"Apartment" shall mean, for the purposes of this chapter only, a dwelling in a structure designed or used to house four or more families living independently of each other.

B.

"Community housing" and "community housing project" shall mean and include the following:

1.

"Residential condominium" as defined in Section 783 of the Civil Code of the state: an estate of real property consisting of an undivided interest in common areas, together with a separate right of ownership in space;

2.

"Community apartment" as defined in Section 11004 of the Business and Professions Code of the state: containing two or more rights of exclusive occupancy, excluding nonconforming uses;

3.

"Residential planned development" as defined in Section 11003 of the Business and Professions Code of the state: a plan consisting of distinguishable use activity areas, including separately owned parcels of land with contiguous or nearby property owned in common; and

4.

Stock cooperative as defined in Section 11003.2 of the Business and Professions Code of the state: property consisting of dwelling units owned by a corporation whereby the tenants are the shareholders of the corporation.

C.

"Conversion" shall mean a change in the type of ownership of a parcel or parcels of land, together with the existing structures, to that defined for a community housing project, regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures.

D.

"Project" shall mean the entire parcel of real property, including all structures thereon, all or part of which is rented or leased for residential purposes and is proposed to be divided, as land or air space, into two or more lots, parcels, units, or rights of exclusive occupancy.

E.

"Vacancy rate" shall mean the number of apartments being offered for rent or lease in the city shown as a percentage of the total number of apartments offered for or under rental or lease agreement in the city.

F.

"Vacancy surplus" shall mean the number of apartments being offered for rent or lease in excess of five percent vacancy rate.

(Ord. 07-312 § 7; prior code § 10-2.1152)

14.26.030 - Declaration of rental housing shortage and findings.

A.

The council finds and declares that when the number of vacant apartment units being offered for rent or lease in the city is equal to or less than five percent of the total number of such dwelling units offered for and under rental or lease agreement in the city, a rental housing shortage exists which is inconsistent with

the purposes of this chapter and with the declared goals and objectives of the city relating to the housing element of its general plan.

B.

The council further finds that the conversion or redevelopment of existing apartment buildings into community housing, such as condominiums, planned developments, community apartment projects, and stock cooperatives, diminishes the supply of rental housing and displaces residents and will tend to require them to move outside the city when a housing shortage exists.

(Prior code § 10-2.1153)

In October of each year, and upon the request of the council, the planning commission, or an applicant, in May of each year, the planning department shall determine the vacancy rate and the vacancy surplus, if any, of those rental apartment dwelling units located within the city limits which have been issued a certificate of occupancy and the use of which conforms with the zoning district regulations in which they are located.

(Prior code § 10-2.1154)

14.26.050 - Filing of tentative maps.

A.

Unless there is a vacancy surplus as of the most recent determination pursuant to Section 14.26.040 of this chapter, no application for the approval of a tentative map for the conversion or redevelopment of an existing apartment building into a community housing project subject to the provisions of this chapter shall be filed.

B.

When there is a vacancy surplus as of the most recent determination pursuant to Section 14.26.040 of this chapter, an application for the approval of a tentative map for the conversion or redevelopment of an existing apartment building into a community housing project may be filed with the planning department if the number of lots, parcels, units or rights of exclusive occupancy proposed does not exceed the vacancy surplus by more than forty (40) percent.

(Prior code § 10-2.1155)

All projects shall conform to the following development standards:

A.

Off-street parking. The off-street parking shall conform to the zoning district requirements of this chapter in effect at the time the final or parcel map is recorded.

B.

Landscaping and Open Space. The landscaping and open space shall conform to the zoning district requirements of this chapter in effect at the time the final or parcel map is recorded.

C.

Building Code and Fire Code. The projects shall conform to the Building Code and Fire Code requirements in effect at the time the final or parcel map is recorded.

D.

Meters and Control Valves. The consumption of gas and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shut-off valve shall be provided for each unit or for each plumbing fixture.

E.

Overcurrent Protection. Each unit shall have its own panel board for all electrical circuits which serve the unit.

F.

Impact Sound Insulation. Wall and floor-ceiling assemblies shall conform to the sound insulation performance criteria promulgated in Section 1092 of Title 25 of the California Administrative Code, or its successor, and may be replaced only by another floor covering that provides the same or greater insulation.

(Prior code § 10-2.1156)

For the protection of tenants in existing apartments proposed to be converted or redeveloped to a community housing project, all such proposed conversions shall comply with the following requirements:

A.

Each of the tenants shall be given at least ten days' written notice of the place and date of the tentative map hearing before the planning commission and the council.

B.

Each of the tenants shall be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than sixty (60) days after the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code of the state, unless the tenant gives prior written notice of his intention not to exercise the right.

C.

Each of the tenants shall be given the option of a continuing right of occupancy for one year after the tentative map has been approved or for the length of their lease, whichever is greater, with rent increases limited to a maximum of any increase in the rental component of the San Francisco consumer price index. Such continuing right of occupancy shall not be assignable.

D.

The provisions of this section shall not alter or abridge the rights or obligations of the parties in the performance of their covenants, including, but not limited to, the provision of services, the payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2, of the Civil Code of the state.

(Prior code § 10-2.1157)

Chapter 14.28 - MULTIPLE-FAMILY AFFORDABLE HOUSING[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 09-336, § 1, adopted April 28, 2009, repealed ch. 14.28 and enacted a new chapter as set out herein. The former ch. 14.28, §§ 14.28.010—14.28.050, pertained to similar subject matter and derived from § 10-2.11701—10-2.11705 of the prior code.

Article 1. - Inclusionary Housing Requirements

This article provides the requirements and provisions for the production of affordable housing. As used in this article, the following terms have the following meanings unless otherwise apparent from the context:

A.

"Affordable housing unit" means a for-sale or rental dwelling unit affordable to households with extremely low, very low, low, or moderate incomes as published periodically by HCD for households in Santa Clara County or equivalent as approved by the community development director. Calculations for the required affordable housing resulting in fractional units shall be rounded up to the next whole number.

B.

"Dwelling unit" means a dwelling designated and intended for occupancy by a household.

C.

"HCD" means the California Department of Housing and Community Development or any successor agency.

D.

"Income, very low, low or moderate" means an annual income of a household that does not exceed the amounts designated for each income category as determined by HCD.

E.

"Multiple-family residential project" means a residential project exceeding four units or a mixed-use project.

F.

"Project" means the entire parcel of real property, including all structures thereon, all or part of which is intended to be rented or purchased for residential purposes.

(Ord. No. 09-336, § 1, 4-28-2009; Ord. No. 2018-449, § 1, 9-25-2018; Ord. No. 2022-485, § 3, 3-8-2022)

All multiple-family residential projects that create five or more new dwelling units shall provide affordable housing as follows:

A.

For projects with five to nine units, affordable housing units shall be provided as follows:

1.

Fifteen (15) percent of the total units shall be designated as affordable, rental or ownership, at the moderate-, low- or very-low income level.

2.

As an alternative to providing the required affordable housing units, payment of an in-lieu fee is permitted.

B.

For projects with ten (10) or more units, affordable housing units shall be provided as follows:

1.

Rental units. Twenty (20) percent designated as affordable at the low income level or fifteen (15) percent designated as affordable at the very low income level.

2.

Ownership units. Fifteen (15) percent of total units shall be designated as affordable housing units. A majority of the affordable housing units shall be designated as affordable at the moderate-income level. The remaining affordable housing units shall be designated as affordable at the low- and/or very-low income level.

C.

Nothing in this section is intended to prohibit a multiple-family residential project from providing additional affordable housing units beyond the minimum number of affordable units required at each income level.

D.

As used in paragraph 2 of subdivision (B) of this section, the term "majority" shall have the following meaning.

1.

If fifty (50) percent of the total affordable housing units required by subdivision (B) results in a number with a fractional remainder, then "majority" means fifty (50) percent of the total affordable housing units rounded up to the nearest whole number.

2.

If fifty (50) percent of the total affordable housing units required by subdivision (B) results in a whole number without a fractional remainder, then "majority" means fifty (50) percent of the total affordable housing units plus one unit.

(Ord. No. 09-336, § 1, 4-28-2009; Ord. No. 2018-449, § 1, 9-25-2018; Ord. No. 2022-485, § 3, 3-8-2022)

Applicable housing development projects shall be subject to the following standards:

A.

Calculations for the required affordable housing resulting in fractional units shall be rounded up to the next whole number.

B.

The action that approves a project shall contain sufficient conditions to ensure compliance with the provisions of this chapter.

C.

Unless otherwise approved by the city council, all affordable units in a project shall be constructed concurrently with market rate units, shall be dispersed throughout the project, and shall not be significantly distinguishable by size, design, construction or materials.

D.

As an alternative to providing the affordable housing units required by this chapter, payment of an in-lieu fee may be approved by the city council.

E.

The requirement to provide affordable housing may be waived, adjusted or reduced by the city council if the developer can demonstrate, based on substantial evidence, that providing on-site affordable housing units will be financially infeasible.

(Ord. No. 09-336, § 1, 4-28-2009; Ord. No. 2018-449, § 1, 9-25-2018; Ord. No. 2022-485, § 3, 3-8-2022)

Article 2. - Density Bonus Ordinance

This article shall be known and may be cited as the Los Altos Density Bonus Ordinance.

(Ord. No. 2022-485, § 4, 3-8-2022)

Editor's note— Ord. No. 2022-485, § 4, adopted March 8, 2022, repealed and reenacted a new § 14.28.010 to read as set out herein. Former § 14.28.040 pertained to density bonuses and derived from Ord. No. 09-336, § 1, adopted April 28, 2009; Ord. No. 2017-435, § 2, adopted Oct. 10, 2017; and Ord. No. 2019-458, § 2, adopted Sept. 10, 2019.

14.28.042 - Definitions.

As used in this article, the following terms shall have the following meanings:

A.

"Concession" shall have the same meaning as the term "concession or incentive" pursuant to the state density bonus law, as currently defined in Government Code section 65915, subdivision (k).

B.

"Density bonus" means a density increase over the otherwise maximum allowable residential density for a housing development as of the date of application by the applicant, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

C.

"Housing development" means any of the following:

1.

A development project for five or more residential units, including a mixed-use development;

2.

A subdivision consisting of residential units or unimproved residential lots;

3.

A common interest development as defined in section 4100 of the Civil Code consisting of residential units or unimproved residential lots;

4.

A project to convert and substantially rehabilitate an existing commercial building to residential use; or

5.

The substantial rehabilitation of an existing structure designed for human habitation that has been divided into two or more legally created independent living quarters, where the result of the rehabilitation would be a net increase in available residential units.

D.

"Identifiable and actual cost reduction to provide for affordable housing cost" means a reasonably quantifiable cost reduction that would be achieved for a housing development through a concession unless it can be shown that total cost reductions for all proposed concessions likely would exceed:

1.

In the case of a rental housing development, the approximate difference between the amount of the debt service that the development's affordable units will support and the cost to construct those units; and

2.

In the case of a for-sale housing development, the approximate difference between the combined total restricted sales prices of the affordable units in the housing development and the combined unrestricted value of those units.

E.

"Maximum allowable residential density" means the maximum residential density allowed for a housing development under this title and the land element of the general plan. If the residential density allowed under this title is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. For purposes of this definition, residential density shall be calculated based upon the gross acreage of a housing development, regardless of how it may be calculated by the city for other purposes. If a housing development is proposed to be located on any property that includes a parcel or parcels for which no maximum density is established by the general plan or zoning, then the maximum allowable residential density for the housing development shall be the base density as established by the applicant pursuant to Section 14.28.050.C of this Code.

F.

"On-menu concession" means any of the concessions listed in Section 14.28.048 of this Code. Every onmenu concession is conclusively presumed to achieve an identifiable and actual cost reduction to provide for affordable housing cost and is rebuttably presumed not to have a specific, adverse impact upon public health or safety.

G.

"Reasonable documentation to establish eligibility for a concession" means a credible written explanation or other documentation demonstrating to the reasonable satisfaction of the city manager or designee that a concession will achieve an identifiable and actual cost reduction to provide for affordable housing cost.

H.

"State density bonus law" means Government Code section 65915, et seq., as the same may be renumbered or amended from time to time.

(Ord. No. 2022-485, § 3, 3-8-2022)

This article shall apply to any housing development that is entitled to receive a density bonus pursuant to the state density bonus law.

(Ord. No. 2022-485, § 3, 3-8-2022)

The state density bonus law is hereby adopted by reference. This article contains an appendix with tables summarizing various requirements of the state density bonus law. These tables are provided for informational purposes only and shall be updated from time to time by the city manager or designee, without further action of the city council, to reflect changes in state law. Except as provided in a development agreement approved by the city council in its discretion pursuant to Government Code section 65864, et seq., an applicant for a housing development shall not be entitled to, and shall not be granted:

A.

A density bonus in excess of the maximum density bonus required under the state density bonus law;

B.

A number of concessions in excess of the maximum number of concessions required under the state density bonus law;

C.

Waivers to which the applicant is not otherwise entitled pursuant to the state density bonus law; and

D.

A parking ratio and other provisions for parking more favorable than required under the state density bonus law, except as otherwise provided pursuant to another provision of this Code.

(Ord. No. 2022-485, § 3, 3-8-2022)

Each type of on-menu concession listed below shall be applied only once to a housing development. If an applicant requests to apply one type of on-menu concession more than once to a housing development, then the request shall be treated as an off-menu concession request.

A.

Lot coverage. Up to a twenty (20) percent increase in lot coverage limits.

B.

Lot width. Up to a twenty (20) percent decrease in lot width requirements.

C.

Floor Area Ratio. In zone districts with a floor area ratio maximum, an increase in the maximum floor area equal to the floor area of the affordable units for the housing development, up to a thirty-five (35) percent increase in floor area maximum.

D.

Height. Up to an eleven foot (11') increase in the allowable height.

E.

Yard/Setback. Up to a twenty (20) percent decrease in the required width or depth of any individual yard or setback except along any property line that abuts a single-family R1 zoned property.

F.

Open Space. Up to a twenty (20) percent decrease from an open space requirement.

(Ord. No. 2022-485, § 3, 3-8-2022)

A.

A density bonus request shall be considered by the approval authority for the housing development. An applicant for a density bonus pursuant to the state density bonus law shall submit a density bonus report together with the application for the housing development. The density bonus report shall contain the following:

1.

The basis under the state density bonus law on which the applicant is claiming a density bonus;

2.

An identification of the maximum density bonus to which the housing development is entitled on the basis requested;

3.

An identification of any concession(s) sought and, except for on-menu concessions, reasonable documentation to establish eligibility for the concession(s);

4.

An identification of any waiver(s) sought and a detailed explanation of why the development standard from which any waiver is sought would have the effect of physically precluding the construction of the housing development at the density and with any concession(s) or parking ratio reduction sought. If the basis for a waiver request is that the development standard from which the waiver is sought would preclude the housing development from providing the number of units to which the project is entitled under the state density bonus law, then the justification for the waiver shall include an analysis demonstrating the maximum number of units that could be provided without the waiver, assuming a housing development with the same average unit size as for the housing development proposed; and

5.

If the housing development is proposed on any property that includes a parcel or parcels with existing dwelling units or dwelling units that have been vacated or demolished in the five-year period preceding the application, an explanation of how the project meets the state density bonus law's replacement housing requirements, if applicable, currently codified at Government Code section 65915, subdivision (c)(3).

B.

If the applicant's proposal for concessions or waivers changes after the application is complete, the applicant shall submit an amended density bonus report that includes all the information required under subdivision (A) above.

C.

If the housing development is proposed to be located on any property that includes a parcel or parcels for which no maximum density is established by the general plan or zoning, then the applicant shall determine a base density for the housing development by determining the maximum number of units that could be provided by a hypothetical housing development consistent with all applicable development standards. The average unit size for the hypothetical housing development shall be at least as large as the average unit size for the housing development proposed. The density bonus report for the housing development shall include calculations and rough drawings for the hypothetical housing development used to determine the base density.

D.

If the density bonus report submitted for a housing development is incomplete, city planning staff shall provide the applicant notice of such incompleteness pursuant to the Permit Streamlining Act, Government Code section 65920, et seq.

E.

If a proposed housing development would be inconsistent with the state density bonus law, then city planning staff shall provide the applicant notice of such inconsistency pursuant to the Housing Accountability Act, Government Code section 65589.5.

(Ord. No. 2022-485, § 3, 3-8-2022)

Affordable units provided to meet state density bonus law requirements shall meet the standards set forth in Section 14.28.030.C of this Code.

(Ord. No. 2022-485, § 3, 3-8-2022)

A.

Affordable rental units provided by a housing development to meet the requirements of this chapter shall be subject to an affordable housing agreement recorded against the housing development with a 99-year term commencing upon the issuance of certificates of occupancy; provided that a longer period shall apply if required by another public financing source or law. The form of the affordable housing agreement shall be approved by the city attorney.

B.

For-sale affordable units provided by a housing development to meet both the requirements of the state density bonus law and the city's inclusionary housing requirements shall be subject to a recorded affordable housing agreement approved as to form by the city attorney. The affordable housing agreement shall, at a minimum, require that:

1.

Each for-sale affordable unit shall be sold to an income qualified household at an affordable housing cost, as defined in the affordable housing agreement; and

2.

Each for-sale affordable unit shall be sold to the initial purchaser subject to a recorded resale restriction agreement approved as to form by the city attorney, which shall:

a.

Have a 55-year term or a longer term if required by another public financing source or law;

b.

Restrict the resale price of the unit to an affordable housing cost, as defined in the resale restriction agreement; and

c.

Require that if the unit is sold to a subsequent purchaser during the term of the agreement, the purchaser shall purchase the unit subject to a resale restriction agreement approved as to form by the city attorney with a new 55-year term or a longer term if required by another public financing source or law.

C.

Unless otherwise required by another public financing source or law, a for-sale unit provided to meet state density bonus law requirements that is not necessary to meet the city's inclusionary housing requirements shall be sold to an income qualified household subject to an equity sharing agreement as set forth in the state density bonus law.

(Ord. No. 2022-485, § 4, 3-8-2022)

APPENDIX TO AFFORDABLE HOUSING ORDINANCE

This appendix is a summary of current state law and is for reference purposes only. Applicants are encouraged to consult Government Code Section 65915 or successor statute, as the same shall be amended from time to time, for further information about state density bonus law. In case of any conflict between this appendix and state law, state law shall prevail.

Table A: Density Bonus Available to Housing Developments Providing at Least Ten (10) Percent of Units for Lower Income Households

Table B: Density Bonus Available to Housing Developments Providing at Least Five percent of Units for Very Lower Income Households

Percentage of Very Low Income Units Percentage Density Bonus

Table C: Density Bonus Available to For-Sale Housing Developments Providing at Least Ten (10) Percent of Units for Moderate Income Households

Table D: Miscellaneous Bases for Density Bonus

Otherwise, 80% density bonus calculated based on the number of units for lower income households

Table E: Available Concessions

Table F: Parking Ratios

No parking required if requested by applicant for a project that is 100% affordable to lower income households and that:

1. Has unobstructed access to a major transit stop within one-half mile of the project site.

2. Is for individuals ages 62 or older and either (a) is served by paratransit service; or (b) has unobstructed access to a fixed route bus service, as defined, within one-half mile of the project site.

3. Is a special needs housing development and either (a) is served by paratransit service; or (b) has unobstructed access to a fixed route bus service, as defined, within one-half mile of the project site. 4. Is a supportive housing development.

No more than 0.5 on-site spaces per unit are required if requested by applicant for a project that has unobstructed access to a major transit stop within one-half mile of the project site if:

1. At least 11% of the units are for very low income households.

2. At least 20% of the units are for low-income households.

3. At least 40% of the units are for moderate income households.

Standard Parking Ratios in All Other Cases Where Project Qualifies for Density Bonus:

1 on-site space per studio or 1-bedroom unit

1.5 on-site spaces per 2- or 3-bedroom unit

2.5 on-site spaces per larger unit

(Ord. No. 2022-485, § 3, 3-8-2022)

Chapter 14.30 - SHORT-TERM RENTAL PROHIBITION

The purpose of this chapter is to establish regulations governing the short-term rental of residential property within the city of Los Altos. The city has a legitimate interest in fostering and preserving the longterm residential character of its residential neighborhoods. The establishment of these regulations will help maintain adequate housing stock for permanent residents while ensuring that short-term-rental activities do not become a nuisance or threaten the public health, safety, or welfare due to excessive noise, disorderly conduct, overcrowding, traffic congestion, illegal parking, the accumulation of refuse, and other effects related to short-term rentals.

(Ord. No. 2018-441, § 3, 5-22-2018)

For purposes of this chapter, the following definitions apply:

"Short-term rental" means a use that provides lodging in a dwelling unit, for compensation, for a period of fewer than thirty (30) consecutive calendar days. "Short-term rental" does not include transient lodging in city-approved hotels and motels.

(Ord. No. 2018-441, § 3, 5-22-2018)

A short-term rental is a prohibited use in every zoning district in the city.

(Ord. No. 2018-441, § 3, 5-22-2018)

Chapter 14.34 - OA OFFICE-ADMINISTRATIVE DISTRICT

Sections:

The regulations, general provisions, and exceptions set forth in this chapter and Chapter 14.66 shall apply in all OA Districts.

(Prior code § 10-2.1301)

14.34.020 - Specific purposes (OA).

Specific purposes for OA Districts are as follows:

A.

Attract new office development to sites suitable for such use;

B.

Allow the integration of residential uses and a variety of housing types;

C.

Allow latitude for creative design and architectural variety within limits established.

(Prior code § 10-2.1302)

(Ord. No. 2023-503, § 1(App. A), 11-28-2023)

14.34.030 - Required conditions (OA).

A.

No use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable by reason of odor, dust, noise, vibration, illumination, glare, unsightliness, or electrical disturbances which are manifested beyond the premises in which the permitted use is located.

B.

No property owner, business owner, and/or tenant shall suffer, permit, or allow operation of a business on his or her property or on property upon which his or her business operates to violate the required conditions of this chapter. Enforcement shall be as provided for in Chapter 1.10 of Title 1.

1.

General screening standard. Every development shall provide sufficient screening to reasonably protect the privacy, safety, and environment of neighboring residential properties and shield them from adverse external effects of that development.

Walls up to twelve (12) feet in height shall be required for the purpose of attenuating noise, (as determined by an acoustical analysis), odor, air pollution, artificial light, mitigation for grade differential between properties, and providing privacy and safety.

2.

Sites for screening of refuse collection. Every development will be required to provide suitable space for solid waste separation, collection, and storage, and shall provide sites for such that are located so as to

facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way.

3.

Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if (i) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities, or (ii) if the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.

4.

Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area air quality management district shall comply with applicable state standards concerning air pollution.

5.

Maintenance of common areas, improvements, and facilities. Maintenance of all common areas,

improvements, or facilities required by this chapter or any permit issued in accordance with its provisions shall be required except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority.

6.

Odors. No use may generate any odor that may be found reasonably objectionable as determined by an appropriate agency such as the Santa Clara County Health Department and the Bay Area air quality management district beyond the boundary occupied by the enterprise generating the odor.

7.

Noise. No person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property either incorporated or unincorporated, to exceed standards as set forth in Chapter 6.16 of the Los Altos Municipal Code.

C.

In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height shall be required at a commercial/residential interface. Other conditions may be applied such as, but not limited to, muffling of exterior air conditioning facilities.

(Prior code § 10-2.1302.5)

The following uses shall be permitted in the OA Districts:

A.

Office-administrative uses;

B.

Residential only development(s);

C.

Mixed use development(s); and

D.

Other uses which are determined by the zoning administrator to be of the same general character.

(Prior code § 10-2.1303)

(Ord. No. 2015-406, § 2, 2-10-2015; Ord. No. 2015-414, § 6, 9-8-2015; Ord. No. 2023-503, § 1(App. A), 1128-2023)

14.34.050 - Conditional uses (OA).

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in OA Districts:

A.

Reprographic uses;

B.

Data processing centers;

C.

Medical and dental clinics;

D.

Mortuaries; and

E.

Other uses which are determined by the commission to be of the same general character.

(Prior code § 10-2.1304)

(Ord. No. 2015-406, §§ 3, 4, 2-10-2015; Ord. No. 2023-503, § 1(App. A), 11-28-2023)

The maximum coverage for all structures shall be seventy-five (75) percent of total gross lot area. Lot coverage measures the portion of a lot that is covered by habitable structures only and excludes all non-

habitable exterior improvements or structures.

(Prior code § 10-2.1305)

(Ord. No. 2023-503, § 1(App. A), 11-28-2023)

Residential uses will be allowed at a minimum density of twenty (20) dwelling units per acre and a maximum density of thirty (30) dwelling units per acre.

(Ord. No. 2023-503, § 1(App. A), 11-28-2023)

The minimum depth of front yards shall be five feet, with a minimum of fifty (50) percent of which shall be landscaped.

(Prior code § 10-2.1306)

(Ord. No. 2023-503, § 1(App. A), 11-28-2023)

The minimum depth of side yards shall be five feet except where immediately abutting an R1-10 District, in which case the side yard shall be twenty-five (25) feet.

(Prior code § 10-2.1307)

(Ord. No. 2023-503, § 1(App. A), 11-28-2023)

The minimum depth of rear yards shall be fifteen (15) feet except where immediately abutting an R1-10 District, in which case the rear yard shall be thirty (30) feet.

(Prior code § 10-2.1308)

(Ord. No. 2023-503, § 1(App. A), 11-28-2023)

The minimum site area shall be five thousand one hundred (5,100) square feet.

(Prior code § 10-2.1309)

(Ord. No. 2023-503, § 1(App. A), 11-28-2023)

Parking facilities shall be provided in accordance with Chapter 14.74 of this title. In addition, parking facilities built as part of building projects shall:

A.

Parking structures and surface parking lots shall be located at the rear of the parcel or below ground;

B.

Number of direct entrances to parking facilities from streets to a maximum of two excluding any required emergency access;

C.

Provide a landscaped buffer not less than five feet in width between a parking lot or structure and street frontage or buildings. Where the landscaped strip adjoins a public street or pedestrian walkway, the landscaped strip may be required to include a fence, wall, berm, or equivalent feature;

D.

Provide a minimum of interior landscaping for unenclosed parking facilities as follows: Where the total parking provided is located on one site and is fourteen thousand nine hundred ninety-nine (14,999) square feet or less, five percent of total parking area; where the parking is fifteen thousand (15,000) through twenty-nine thousand nine hundred ninety-nine (29,999) square feet, seven and one-half percent of total parking area; and where the facility is thirty thousand (30,000) square feet or greater, ten (10) percent of total parking area.

E.

Trees in reasonable number shall be provided; ground cover alone is not acceptable. Interior landscaping shall be distributed throughout the paved area as evenly as possible. All landscaping shall be protected with concrete curbs or other acceptable barriers.

F.

Provisions of Section 14.34.110 which differ from Chapter 14.74 can be reduced or waived in its entirety by the authority of the zoning administrator.

(Prior code § 10-2.1310)

(Ord. No. 2023-503, § 1(App. A), 11-28-2023)

14.34.120 - Off-street loading and refuse collection (OA).

A.

Where buildings are sewed by alleys, all service-delivery entrances, loading docks, and refuse collection facilities shall be located to be accessed from the alley. No loading area shall be located at the street frontage or building façade.

B.

A minimum of thirty-two (32) square feet of on-site refuse collection area shall be provided on each lot or premises and shall not be located in any front or street side yard. Where an alley exists, the refuse collection area shall be accessed from the alley.

C.

On sites not served by an alley, service areas shall be located to the rear, side, or at an internal location where visibility from public streets and windows of neighboring buildings will be minimized.

D.

Refuse collection areas and dumpsters shall be enclosed by a screen wall of durable material and planting as necessary to screen views from streets and neighboring properties.

(Prior code § 10-2.1311)

A.

Residential only development(s) building height shall be a maximum of forty (40) feet and four stories.

B.

Mixed use development(s) building height shall be a maximum of forty-five (45) feet and four stories.

C.

Non-residential use only development(s) building height shall be a maximum of thirty (30) feet and two stories.

(Prior code § 10-2.1312)

(Ord. No. 2023-503, § 1(App. A), 11-28-2023)

14.34.140 - Design control (OA).

A.

Building Placement. A minimum seventy-five (75) percent of ground-floor building frontages must be built at the minimum setback line. This standard applies to the building frontage only (exclusive of side setbacks).

B.

Building Massing and Articulation.

1.

Upper-story Step-backs, Front and Street Side.

a.

Along all frontages, the third story must be either stepped back a minimum five feet from the ground floor façade or embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers.

b.

For buildings over three stories along all frontages, the uppermost story must be embedded in a sloped roof form.

==> picture [192 x 96] intentionally omitted <==

2.

Upper Story Step-backs, Side Interior and Rear where Abutting an R-1 District.

a.

The third story must be either stepped back a minimum five feet from ground floor façade or embedded in a sloped roof form.

b.

For buildings over three stories, the uppermost story must be embedded in a sloped roof form.

3.

Vertical Articulation.

a.

When a building façade exceeds seventy-five (75) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum three feet deep and ten (10) feet wide.

b.

A minimum one entrance shall be provided per primary façade bay.

c.

The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay.

==> picture [192 x 96] intentionally omitted <==

4.

Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.

a.

One or more of the following patterns shall be used to define the base:

i.

Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.

ii.

Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).

iii.

Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).

b.

The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other similar elements. These elements shall be consistent with the overall architectural style of the building mass/bay.

==> picture [192 x 101] intentionally omitted <==

==> picture [192 x 122] intentionally omitted <==

Adjacencies.

a.

Façades adjacent to an R-1 District.

i.

Building façade planes abutting an R-1 district may not exceed forty-eight (48) feet in width.

ii.

When a building façade abutting an R-1 district exceeds forty-eight (48) feet in width, it must be separated into façade bays no greater than forty-eight (48) feet by a recess ten (10) feet wide and fifteen (15) feet deep.

==> picture [192 x 104] intentionally omitted <==

b.

Storefront Façades Adjacent to Storefront Façades.

i.

The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.

ii.

The height of ground story shall not differ from height of any adjacent ground story by more than two feet.

iii.

Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.

==> picture [193 x 72] intentionally omitted <==

6.

Privacy and Line of Sight.

a.

Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building.

b.

Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque.

==> picture [192 x 113] intentionally omitted <==

Roofline and Roof Design.

a.

Roof designs shall be limited to:

i.

Hipped.

ii.

Gable.

iii.

Shed.

iv.

Dormer.

v.

Parapet.

(a)

Not allowed on frontages facing R-1 District.

(b)

When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:

(1)

Steps.

(2)

Curves.

(3)

Angled surfaces.

(c)

The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.

b.

When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.

==> picture [192 x 126] intentionally omitted <==

c.

Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.

d.

Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twentyfour (24) inches.

==> picture [192 x 80] intentionally omitted <==

C.

Building Design.

Façade Design.

a.

Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

b.

The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.

c.

Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.

d.

Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

2.

Pedestrian-Scaled Entrances.

a.

Building entrances must incorporate at least one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

i.

Stoop.

ii.

Dooryard.

iii.

Shopfront.

(a)

Shopfronts more than twenty-five (25) feet in width must incorporate variations in bulkhead, awnings, materials and/or color to visually articulate the shopfront into modules not to exceed twenty-five (25) continuous feet.

iv.

Gallery.

v.

Arcade.

vi.

Forecourt.

(a)

Forecourts must feature at least one entry to a shop and/or second floor use.

(b)

Forecourts for buildings more than seventy (70) feet in length along a right-of-way must have a minimum width and depth of fifteen (15) feet from front façade. Width of forecourt shall be equal to or greater than

depth.

(c)

The size of the forecourt must be appropriate relative to the size of the building. The maximum ratio of building height to forecourt is 2:1 (height < 2 x width).

(d)

Forecourt must be enclosed on at least three sides by buildings.

(e)

Forecourt must remain open to the sky (arbors and trellises are allowed).

==> picture [216 x 111] intentionally omitted <==

b.

Primary Entrance Location(s). The building entrance shall be located along the primary right-of-way.

c.

Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.

d.

Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:

i.

Dedicated awning, canopy, or other roof element.

ii.

Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.

iii.

Dedicated light fixture(s).

iv.

Decorative street address numbers or tiles.

v.

Plaque signs for upper-floor business tenants.

e.

Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.

i.

Protection may be coterminous with an accent element.

ii.

Protection may take the form of an extended eave, overhang, awning. door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.

iii.

The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.

iv.

Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.

==> picture [216 x 166] intentionally omitted <==

f.

Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.

Ground Floor Floor-to-Ceiling Height. Minimum twelve (12) inches taller than typical upper floor floor-toceiling.

==> picture [216 x 202] intentionally omitted <==

4.

Interior Courtyard. Interior courtyards must be:

a.

Enclosed on at least two sides by buildings.

b.

Open to the sky (arbors and trellises are allowed).

c.

A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.

5.

Paseos. Paseos must be:

a.

A minimum width of ten (10) feet for through-block paseos.

b.

A minimum width of four feet for entries to courtyards or individual single businesses.

D.

Window Design.

Window frames, backbands, and sills.

a.

All windows shall have a sill.

i.

The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.

ii.

The sill shall be sloped toward the outside.

iii.

The sill shall have a drip at its outer edge.

2.

Vinyl windows are prohibited on façades visible from a right-of-way.

3.

Tinted glass is not allowed.

E.

Building Materials.

1.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco;).

b.

Siding (lap, vertical, panelized, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum not permitted.

c.

Stone.

d.

Brick.

2.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, panelized, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (building base only).

d.

Brick (building base only).

e.

Tile (for bulkheads below display windows and decorative accents only).

f.

Metal (matte finish or Cor-ten).

i.

Ribbed metal, titanium, and mirrored finishes are not permitted.

g.

Concrete Masonry Units (watertable and building base only, and not allowed on any façade facing a rightof-way or a single-family zone).

h.

Concrete (building base only, board-form only, cast concrete not permitted).

F.

Ground Level Open Space. Where any required front, rear, or side yard setback is ten (10) feet or greater, on-site ground-level open space shall be provided within the setback.

1.

The ground level open space shall be usable and accessible.

2.

The minimum dimension for ground level open space shall be eight feet.

==> picture [216 x 152] intentionally omitted <==

G.

Landscaping, Paving and Pedestrian Amenities.

1.

Landscape elements shall be integrated with the building architecture, parking, and streetscape. Recommended patterns shall include, but are not limited to:

a.

Planters for flowers and shrubs within street frontage.

b.

Landscape buffers between parking spaces and building façades.

c.

Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks.

2.

See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.

H.

Site Circulation and Access.

1.

New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.

2.

Bicycle racks shall be provided:

a.

In or within fifty (50) feet of every parking area; and

b.

Within twenty (20) feet of at least one building entrance.

I.

Service Areas and Screening.

1.

Service areas must be located at the rear of lot.

2.

Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.

(Amended during 2/06 supplement; prior code § 10-2.1313)

(Ord. No. 2023-503, § 1(App. A), 11-28-2023)

14.34.150 - Nonconforming use regulations (OA).

(As provided in Chapter 14.66 of this title.)

(Prior code § 10-2.1314)

Chapter 14.36 - OA-1/OA-4.5 OFFICE-ADMINISTRATIVE DISTRICT[[6]]

Sections:

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 10-346, § 3, adopted March 9, 2010, changed the title of ch. 14.36 from "OA and OA-4.5 Office-Administrative Districts" to "OA-1/OA-4.5 Office-Administrative District."

14.36.010 - OA-1 and OA-4.5 Districts.

The regulations, general provisions, and exceptions set forth in this article and in this chapter and Chapter 14.66 shall apply in the OA-1 and OA-4.5 Districts as specified.

(Prior code § 10-2.1401)

(Ord. No. 2023-503, § 2(App. B), 11-28-2023)

14.36.020 - Specific purposes (OA-1, Altos Oaks Avenue).

A.

Ensure the retention of design and scale compatible with the surrounding residential properties;

B.

Promote and retain a residential design reflected in architectural and landscaping style, building orientation, and site amenities;

C.

Enhance landscaping and pedestrian amenities, with particular attention to the front yard.

(Prior code § 10-2.1401.1)

14.36.025 - Review Authority of Design Review (OA-1 and OA-4.5).

The development of any housing development within the OA-1 and OA-4.5 zoning districts shall be subject to design review by the zoning administrator only following a noticed public hearing. Notwithstanding any other provision of this code, and unless otherwise required by state law, any additional planning applications for such a project including, without limitation, tentative or parcel maps, variance requests, or conditional use permits, shall be heard and decided by the zoning administrator concurrently with the design permit application. As used in this subsection, a "housing development project" includes a project to construct one or more dwelling units, including a mixed-use development project for which not more than one-third of total floor area is dedicated for commercial use. Review procedures not otherwise covered by this chapter shall be reviewed in accordance with Chapter 14.78 of the Los Altos Municipal Code.

(Ord. No. 2023-503, § 2(App. B), 11-28-2023)

A.

No use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable by reason of odor, dust, noise, vibration, illumination, glare, unsightliness, or electrical disturbances which are manifested beyond the premises in which the permitted use is located.

B.

No property owner, business owner, and/or tenant shall suffer, permit, or allow operation of a business on his or her property or on property upon which his or her business operates to violate the "required conditions" of this article. Enforcement shall be as provided for in Chapter 1.10 of this code.

1.

General screening standard. Every development shall provide sufficient screening to reasonably protect the privacy, safety, and environment of neighboring residential properties and shield them from adverse external effects of that development.

Walls up to twelve (12) feet in height shall be required for the purpose of attenuating noise, (as determined by an acoustical analysis), odor, air pollution, artificial light, mitigation for grade differential between properties, and providing privacy and safety.

2.

Sites for screening of refuse collection. Every development will be required to provide suitable space for solid waste separation, collection, and storage and shall provide sites for such that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way.

3.

Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if (i) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities or (ii) if the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.

4.

Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area air quality management district shall comply with applicable state standards concerning air pollution.

Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, or facilities required by this chapter or any permit issued in accordance with its provisions shall be required except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority.

6.

Odors. No use may generate any odor that may be found reasonably objectionable as determined by an appropriate agency such as the Santa Clara County health department and the Bay Area air quality management district beyond the boundary occupied by the enterprise generating the odor.

7.

Noise. No person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property either incorporated or unincorporated, to exceed standards as set forth in Chapter 6.16 of the Los Altos Municipal Code.

C.

In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height shall be required at a commercial/residential interface. Other conditions may be applied such as, but not limited to, muffling of exterior air conditioning facilities.

(Prior code 10-2.1401.2)

(Ord. No. 2023-503, § 2(App. B), 11-28-2023)

14.36.040 - Permitted uses (OA-1 and OA-4.5).

The following uses shall be permitted in the OA-1 and OA-4.5 Districts:

A.

Office-administrative uses;

B.

Residential only development(s); and

C.

Other uses which are determined by the zoning administrator to be of the same general character.

(Prior code § 10-2.1402)

(Ord. No. 2015-406, § 2, 2-10-2015; Ord. No. 2015-414, § 7, 9-8-2015; Ord. No. 2023-503, § 2(App. B), 1128-2023)

14.36.050 - Conditional uses (OA-1 and OA-4.5).

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in OA-1 and OA-4.5 Districts:

A.

Medical and dental offices that are five thousand (5,000) gross square feet or more; and

B.

Other uses which are determined by the commission to be of the same general character.

(Ord. No. 2015-406, § 5, 2-10-2015; Ord. No. 2023-503, § 2(App. B), 11-28-2023)

Editor's note— Ord. No. 2015-406, § 5, adopted Feb. 10, 2015, renumbered §§ 14.36.050—14.36.170 as §§ 14.36.060—14.36.180 and enacted a new § 14.36.050 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Residential uses will be allowed at a minimum density of twenty (20) dwelling units per acre and a maximum density of thirty (30) dwelling units per acre.

(Ord. No. 2023-503, § 2(App. B), 11-28-2023)

14.36.060 - Site area (OA-1 and OA-4.5).

The minimum site area shall be as follows:

(Prior code § 10-2.1403)

(Ord. No. 2015-406, § 5, 2-10-2015; Ord. No. 2023-503, § 2(App. B), 11-28-2023)

Note— See the editor's note to § 14.36.050.

14.36.070 - Coverage (OA-1 and OA-4.5).

The maximum coverage shall be as follows:

*Lot coverage measures the portion of a lot that is covered by habitable structures only and excludes all non-habitable exterior improvements or structures.

(Prior code § 100-2.1404)

(Ord. No. 2015-406, § 5, 2-10-2015; Ord. No. 2023-503, § 2(App. B), 11-28-2023)

Note— See the editor's note to § 14.36.050.

14.36.080 - Floor area ratio (OA-1 and OA-4.5).

The maximum floor area ratio shall be as follows:

(Prior code § 10-2.1404.1)

(Ord. No. 2015-406, § 5, 2-10-2015; Ord. No. 2023-503, § 2(App. B), 11-28-2023)

Note— See the editor's note to § 14.36.050.

14.36.090 - Front yard (OA-1 and OA-4.5).

The minimum depth of front yards shall be as follows:

(Prior code § 10-2.1405)

(Ord. No. 2015-406, § 5, 2-10-2015; Ord. No. 2023-503, § 2(App. B), 11-28-2023)

Note— See the editor's note to § 14.36.050.

14.36.100 - Side yards (OA-1 and OA-4.5).

The minimum depth of side yards shall be five feet except where immediately abutting an R1-10 District, in which case the side yard shall be ten (10) feet.

(Prior code § 10-2.1406)

(Ord. No. 2015-406, § 5, 2-10-2015; Ord. No. 2023-503, § 2(App. B), 11-28-2023)

Note— See the editor's note to § 14.36.050.

The minimum depth of rear yards shall be twenty (20) feet except where the rear yard abuts on an alley, the minimum depth of the rear yard shall be ten (10) feet. One-story garages, carports, and other accessory structures may be located in the required rear yard provided not more than twenty (20) percent of the area of the required rear yard shall be covered by structures.

(Prior code § 10-2.1407)

(Ord. No. 2015-406, § 5, 2-10-2015; Ord. No. 2023-503, § 2(App. B), 11-28-2023)

Note— See the editor's note to § 14.36.050.

14.36.120 - Off-street parking (OA-1 and OA-4.5).

(As provided in Chapter 14.74 of this title.)

(Prior code § 10-2.1408)

(Ord. No. 2015-406, § 5, 2-10-2015)

Note— See the editor's note to § 14.36.050.

14.36.130 - Height of structures (OA-1 and OA-4.5).

A.

Residential only development(s) building height shall be a maximum of forty (40) feet and four stories.

B.

Mixed use development(s) building height shall be a maximum of forty-five (45) feet and four stories.

C.

Non-Residential use only development(s) building height shall be a maximum of thirty (30) feet and two stories.

(Prior code § 10-2.1409)

(Ord. No. 2015-406, § 5, 2-10-2015; Ord. No. 2023-503, § 2(App. B), 11-28-2023)

Note— See the editor's note to § 14.36.050.

14.36.140 - Design control (OA-1 and OA-4.5).

A.

Building Placement. A minimum seventy-five (75) percent of ground-floor building frontages must be built at the minimum setback line. This standard applies to the building frontage only (exclusive of side setbacks).

B.

Building Massing and Articulation.

1.

Upper-story Step-backs, Front and Street Side.

a.

Along all frontages, the third story must be either stepped back a minimum five feet from the ground floor façade or embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers.

b.

For buildings over three stories along all frontages, the uppermost story must be embedded in a sloped roof form.

==> picture [216 x 108] intentionally omitted <==

2.

Upper Story Step-backs, Side Interior and Rear where Abutting an R-1 District.

a.

The third story must be either stepped back a minimum five feet from ground floor façade or embedded in a sloped roof form.

b.

For buildings over three stories, the uppermost story must be embedded in a sloped roof form.

3.

Vertical Articulation.

a.

When a building façade exceeds seventy-five (75) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a

minimum three feet deep and ten (10) feet wide.

b.

A minimum one entrance shall be provided per primary façade bay.

c.

The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay.

==> picture [216 x 108] intentionally omitted <==

4.

Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.

a.

One or more of the following patterns shall be used to define the base:

i.

Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.

ii.

Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).

iii.

Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).

b.

The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other similar elements. These elements shall be consistent with the overall architectural style of the building mass/bay.

==> picture [216 x 114] intentionally omitted <==

==> picture [216 x 137] intentionally omitted <==

Adjacencies.

a.

Façades adjacent to an R-1 District.

i.

Building façade planes abutting an R-1 district may not exceed forty-eight (48) feet in width.

ii.

When a building façade abutting an R-1 district exceeds forty-eight (48) feet in width, it must be separated into façade bays no greater than forty-eight (48) feet by a recess ten (10) feet wide and fifteen (15) feet deep.

==> picture [216 x 117] intentionally omitted <==

b.

Storefront Façades Adjacent to Storefront Façades.

i.

The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.

ii.

The height of ground story shall not differ from height of any adjacent ground story by more than two feet.

iii.

Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.

==> picture [216 x 81] intentionally omitted <==

6.

Privacy and Line of Sight.

a.

Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building.

b.

Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque.

==> picture [216 x 128] intentionally omitted <==

Roofline and Roof Design.

a.

Roof designs shall be limited to:

i.

Hipped.

ii.

Gable.

iii.

Shed.

iv.

Dormer.

v.

Parapet.

(a)

Not allowed on frontages facing R-1 District.

(b)

When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:

(1)

Steps.

(2)

Curves.

(3)

Angled surfaces.

(c)

The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.

b.

When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.

==> picture [216 x 141] intentionally omitted <==

c.

Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.

d.

Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twentyfour (24) inches.

==> picture [216 x 90] intentionally omitted <==

C.

Building Design.

Façade Design.

a.

Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

b.

The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.

c.

Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.

d.

Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

2.

Pedestrian-Scaled Entrances.

a.

Building entrances must incorporate at least one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

i.

Stoop.

ii.

Dooryard.

iii.

Shopfront.

(a)

Shopfronts more than twenty-five (25) feet in width must incorporate variations in bulkhead, awnings, materials and/or color to visually articulate the shopfront into modules not to exceed twenty-five (25) continuous feet.

iv.

Gallery.

v.

Arcade.

vi.

Forecourt.

(a)

Forecourts must feature at least one entry to a shop and/or second floor use.

(b)

Forecourts for buildings more than seventy (70) feet in length along a right-of-way must have a minimum width and depth of fifteen (15) feet from front façade. Width of forecourt shall be equal to or greater than depth.

(c)

The size of the forecourt must be appropriate relative to the size of the building. The maximum ratio of building height to forecourt is 2:1 (height < 2 x width).

(d)

Forecourt must be enclosed on at least three sides by buildings.

(e)

Forecourt must remain open to the sky (arbors and trellises are allowed).

==> picture [216 x 111] intentionally omitted <==

b.

Primary Entrance Location(s). The building entrance shall be located along the primary right-of-way.

c.

Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.

d.

Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:

i.

Dedicated awning, canopy, or other roof element.

ii.

Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.

iii.

Dedicated light fixture(s).

iv.

Decorative street address numbers or tiles.

v.

Plaque signs for upper-floor business tenants.

e.

Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.

i.

Protection may be coterminous with an accent element.

ii.

Protection may take the form of an extended eave, overhang, awning. door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.

iii.

The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.

iv.

Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.

==> picture [216 x 166] intentionally omitted <==

f.

Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.

Ground Floor Floor-to-Ceiling Height. Minimum twelve (12) inches taller than typical upper floor floor-toceiling.

==> picture [216 x 202] intentionally omitted <==

4.

Interior Courtyard. Interior courtyards must be:

a.

Enclosed on at least two sides by buildings.

b.

Open to the sky (arbors and trellises are allowed).

c.

A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.

5.

Paseos. Paseos must be:

a.

A minimum width of ten (10) feet for through-block paseos.

b.

A minimum width of four feet for entries to courtyards or individual single businesses.

D.

Window Design.

Window frames, backbands, and sills.

a.

All windows shall have a sill.

i.

The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.

ii.

The sill shall be sloped toward the outside.

iii.

The sill shall have a drip at its outer edge.

2.

Vinyl windows are prohibited on façades visible from a right-of-way.

3.

Tinted glass is not allowed.

E.

Building Materials.

1.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco;).

b.

Siding (lap, vertical, panelized, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum not permitted.

c.

Stone.

d.

Brick.

2.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, panelized, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (building base only).

d.

Brick (building base only).

e.

Tile (for bulkheads below display windows and decorative accents only).

f.

Metal (matte finish or Cor-ten).

i.

Ribbed metal, titanium, and mirrored finishes are not permitted.

g.

Concrete Masonry Units (watertable and building base only, and not allowed on any façade facing a rightof-way or a single-family zone).

h.

Concrete (building base only, board-form only, cast concrete not permitted).

F.

Ground Level Open Space. Where any required front, rear, or side yard setback is ten (10) feet or greater, on-site ground-level open space shall be provided within the setback.

1.

The ground level open space shall be usable and accessible.

2.

The minimum dimension for ground level open space shall be eight feet.

==> picture [216 x 152] intentionally omitted <==

G.

Landscaping, Paving and Pedestrian Amenities.

1.

Landscape elements shall be integrated with the building architecture, parking, and streetscape. Recommended patterns shall include, but are not limited to:

a.

Planters for flowers and shrubs within street frontage.

b.

Landscape buffers between parking spaces and building façades.

c.

Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks.

2.

See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.

H.

Site Circulation and Access.

1.

New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.

2.

Bicycle racks shall be provided:

a.

In or within fifty (50) feet of every parking area; and

b.

Within twenty (20) feet of at least one building entrance.

I.

Service Areas and Screening.

1.

Service areas must be located at the rear of lot.

2.

Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.

(Amended during 2/06 supplement; prior code § 10-2.1411)

(Ord. No. 2015-406, § 5, 2-10-2015; Ord. No. 2023-503, § 2(App. B), 11-28-2023)

Editor's note— Ord. No. 2023-503, § 2(App. B), adopted Nov. 28, 2023, repealed § 14.36.140 and renumbered § 14.36.150 as § 14.36.140. The former § 14.36.140 pertained to screening and landscaping and derived from Prior Code § 10-2.1410 and Ord. No. 2015-406, § 5, adopted Feb. 10, 2015.

(As provided in Chapter 14.66 of this title.)

(Amended during 2/06 supplement; prior code § 10-2.1411)

(Ord. No. 2015-406, § 5, 2-10-2015; Ord. No. 2023-503, § 2(App. B), 11-28-2023)

Editor's note— Ord. No. 2023-503, § 2(App. B), adopted Nov. 28, 2023, repealed §§ 14.36.160 and 14.36.170 and renumbered § 14.36.180 as § 14.36.150. The former §§ 14.36.160 and 14.36.170 pertained to signs and fences (OA-1 and OA-4.5) and derived from Prior Code §§ 10-2.1411 and 10-2.1413; Ord. No. 2015-406, § 5, adopted Feb. 10, 2015, and Ord. No. 2015-413, § 12, adopted Sept. 8, 2015.

Chapter 14.40 - CN COMMERCIAL NEIGHBORHOOD DISTRICT

Sections:

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 shall apply in the CN District.

(Prior code § 10-2.1601)

14.40.020 - Specific purposes (CN).

The specific purposes of the CN District are as follows:

A.

To retain and enhance the neighborhood convenience character;

B.

To preserve and improve the existing character by encouraging pedestrian-scale development and amenities, circulation, and landscaping;

C.

To retain an emphasis on retail uses, including service and limited office uses;

D.

To allow for mixed uses of commercial and residential; and

E.

To buffer the impacts of commercial development on neighboring residential properties.

(Ord. 03-256 § 1 (part): prior code § 10-2.1601.1)

The following uses shall be permitted in the CN District:

A.

Office-administrative services located above the ground floor;

B.

Office-administrative services uses located on the ground floor on Sherwood Avenue within the Sherwood Gateway specific plan area, and in existing commercial buildings constructed before February 22, 2013, on Grant Road between Newcastle Drive and Farndon Avenue within the Woodland Plaza area, provided that any site with over five thousand (5,000) square feet of existing retail or restaurant space on the ground floor shall retain an equal or greater amount of its existing retail and/or restaurant space on the ground floor;

C.

Parking spaces and loading areas;

D.

Recycling facilities: (i) small collection facilities, and (ii) reverse vending machines, as provided for in Chapter 14.68 of this title;

E.

Restaurants, excluding drive-through services;

F.

Retail and personal service establishments;

G.

Medical and dental offices that are less than five thousand (5,000) gross square feet;

H.

Mixed use development(s) which shall consist of residential uses and a minimum floor area ratio of twenty (20) percent nonresidential uses or a maximum thirty-three (33) percent nonresidential uses; and

I.

Uses which are determined by the zoning administrator to be of the same general character.

(Ord. 07-306 § 3 (part); Ord. 05-280 § 4 (part): Ord. 03-256 § 1 (part): prior code § 10-2.1602)

(Ord. No. 2012-389, § 1, 1-22-2013; Ord. No. 2015-406, § 2, 2-10-2015; Ord. No. 2023-501, § 6(App. F), 10-10-2023)

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the CN District:

A.

Day care centers;

B.

Office-administrative services uses;

C.

Medical and dental offices that are five thousand (5,000) gross square feet or more;

D.

Nurseries or garden supplies provided all equipment, supplies, and merchandise, other than plants, shall be kept within an enclosed structure; and

E.

Uses which are determined by the planning commission to be of the same general character.

(Ord. 07-306 § 3 (part); Ord. 05-280 § 4 (part): Ord. 03-256 § 1 (part): prior code § 10-2.1603)

(Ord. No. 2012-389, § 2, 1-22-2013; Ord. No. 2015-406, §§ 2—4, 2-10-2015; Ord. No. 2023-501, § 6(App. F), 10-10-2023)

14.40.050 - Limited conditional uses (CN).

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80, the following uses shall be permitted except within fifty (50) feet of an R1 District:

A.

Animal clinics;

B.

Cocktail lounges;

C.

Commercial recreation;

D.

Drive-through facilities, except car washes;

E.

Laundry and dry cleaning establishments, including self-serve dry cleaning;

F.

Printing shops;

G.

Recycling facilities: large collection facilities as provided for in Chapter 14.68;

H.

Service stations provided the site has at least one hundred (100) feet of frontage on a street with a minimum site area of twenty thousand (20,000) square feet. The setback of structures shall be determined by the planning commission; and

I.

Upholstery shops.

(Ord. 07-312 § 8: Ord. 03-256 § 1 (part): prior code § 10-2.1604)

(Ord. No. 2023-501, § 6(App. F), 10-10-2023)

The following conditions shall be required of all uses in the CN District:

A.

All businesses, services, and processes shall be conducted entirely within a completely enclosed structure, except for recycling facilities, parking and loading spaces, outdoor dining areas, nurseries, the sale of gasoline and oil at service stations, or as permitted under the terms of a permit issued pursuant to Section 4.24.020 of Chapter 4.24 of Title 4 of this code.

B.

All products produced on the site of any of the permitted uses shall be sold at retail only and on the site where produced.

C.

No use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable by reason of odor, dust, noise, vibration, illumination, glare, unsightliness, or electrical disturbances which are manifested beyond the premises in which the permitted use is located.

No property owner, business owner and/or tenant shall suffer, permit, or allow the operation of a business on his or her property or on property upon which his or her business operates to violate the required

conditions of this chapter. Enforcement shall be as provided for in Chapter 1.10 of this code.

1.

General screening standard. Every development shall provide sufficient screening to reasonably protect the privacy, safety, and environment of neighboring residential properties and shield them from adverse external effects of that development.

Walls up to twelve (12) feet in height shall be required for the purpose of attenuating noise (as determined by an acoustical analysis), odor, air pollution, artificial light, mitigation for grade differential between properties and providing privacy and safety.

2.

Sites for screening of refuse collection. Every development will be required to provide suitable space for solid waste separation, collection, and storage and shall provide sites for such that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way.

3.

Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if (i) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities, or (ii) if the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.

4.

Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area air quality management district shall comply with applicable state standards concerning air pollution.

5.

Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, or facilities required by this chapter or any permit issued in accordance with its provisions shall be required except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority.

6.

Odors. No use may generate any odor that may be found reasonably objectionable as determined by an appropriate agency such as the Santa Clara County health department and the Bay Area air quality management district beyond the boundary occupied by the enterprise generating the odor.

7.

Noise. No person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on any other property either incorporated or unincorporated, to exceed standards as set forth in Chapter 6.16 of the Los Altos Municipal Code.

In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height shall be required at a commercial/residential interface. Other conditions may be applied such as, but not limited to, muffling of exterior air conditioning facilities.

D.

No building or structure designed for, or intended to be used, or which has been used, or which is presently being used as a dwelling shall be used for the conduct of any business, store, shop, or other permitted use in the CN District unless and until such structure and the property on which it is located comply with the applicable provisions of this chapter, the Uniform Building Code (Chapter 12.08 of this code), and the Fire Code (Chapter 12.24 of this code).

E.

No use shall be permitted in setbacks immediately adjacent to single-family residential land uses which can not adequately be mitigated.

(Prior code § 10-2.1605)

14.40.070 - Floor area ratio (CN).

A.

Mixed use development(s) shall have no maximum floor area ratio within the Commercial Neighborhood (CN) Zoning District.

B.

Non-residential use only development(s) shall have a maximum floor area ratio of thirty-five (35) percent of the total area of the site.

(Prior code § 10-2.1605.1)

(Ord. No. 2023-501, § 6(App. F), 10-10-2023)

14.40.080 - Front yard (CN).

No front yard shall be required.

(Prior code § 10-2.1606)

(Ord. No. 2023-501, § 6(App. F), 10-10-2023)

14.40.090 - Side yards (CN).

No side yards shall be required.

(Prior code § 10-2.1607)

(Ord. No. 2023-501, § 6(App. F), 10-10-2023)

14.40.100 - Rear yard (CN).

The minimum depth of rear yards shall be twenty (20) feet. The required rear yard may be used for off-street parking, except for the area required to be planted.

(Prior code § 10-2.1608)

(Ord. No. 2023-501, § 6(App. F), 10-10-2023)

14.40.110 - Off-street parking (CN).

(As provided in Chapter 14.74 of this title.)

(Prior code § 10-2.1609)

14.40.120 - Common parking facilities (CN).

(As provided in Chapter 14.74 of this title.)

(Prior code § 10-2.1610)

14.40.130 - Off-street loading.

(As provided in Chapter 14.74 of this title.)

(Prior code § 10-2.1611)

14.40.140 - Height of structures (CN).

A.

Mixed Use Development(s) building height shall be a maximum of forty-five (45) feet and four stories.

B.

Non-Residential Use Only Development(s) building height shall be a maximum of thirty (30) feet and three stories.

(Prior code § 10-2.1612)

(Ord. No. 10-349, § 1, 4-27-2010; Ord. No. 2023-501, § 6(App. F), 10-10-2023)

14.40.150 - Design control (CN).

A.

Building Placement. A minimum seventy-five (75) percent of ground-floor building frontages facing El Camino Real must be built at the minimum setback line. This standard applies to the building frontage only

(exclusive of side setbacks).

B.

Building Massing and Articulation.

1.

Upper-story Step-backs, Front and Street Side.

a.

Along all frontages except El Camino Real, the third story must be either stepped back a minimum five feet from the ground floor façade or embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, as allowed by standards in Section 14.40.150.B.7.

b.

For buildings over three stories along all frontages except El Camino Real, the uppermost story must be embedded in a sloped roof form.

==> picture [216 x 108] intentionally omitted <==

c.

There are no upper-story step-back requirements for building frontages along El Camino Real in the CN district.

2.

Upper Story Step-backs, Side Interior and Rear where Abutting an R-1 District.

a.

The third story must be either stepped back a minimum ten (10) feet from ground floor façade or embedded in a sloped roof form.

b.

For buildings over three stories, the uppermost story must be embedded in a sloped roof form.

3.

Vertical Articulation.

a.

When a building façade exceeds seventy-five (75) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum three feet deep and ten (10) feet wide.

b.

A minimum one entrance shall be provided per primary façade bay.

c.

The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay.

==> picture [216 x 107] intentionally omitted <==

4.

Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.

a.

One or more of the following patterns shall be used to define the base:

i.

Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.

ii.

Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).

iii.

Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).

b.

The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other elements listed under Section 17.40.150.B.7. These elements shall be consistent with the overall architectural style of the building mass/bay.

==> picture [240 x 126] intentionally omitted <==

==> picture [240 x 153] intentionally omitted <==

Adjacencies.

a.

Façades adjacent to an R-1 District.

i.

Building façade planes abutting an R-1 district may not exceed forty-eight (48) feet in width.

ii.

When a building façade abutting an R-1 district exceeds forty-eight (48) feet in width, it must be separated into façade bays no greater than forty-eight (48) feet by a recess ten (10) feet wide and fifteen (15 feet deep.

iii.

Balconies, roof decks and other habitable outdoor space is not allowed on upper-story façades abutting R- 1 zones.

iv.

Sliding glass doors, French doors, and floor-to-ceiling windows are not allowed on upper-story façades abutting R-1 zones.

==> picture [216 x 117] intentionally omitted <==

b.

Storefront Façades Adjacent to Storefront Façades.

i.

The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.

ii.

The height of ground story shall not differ from height of any adjacent ground story by more than two feet.

iii.

Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.

==> picture [228 x 86] intentionally omitted <==

c.

Compatibility with Adjacent Shorter Buildings with Height Difference of One Story or More. When adjacent to an existing shorter building with a height difference of one story or more, a proposed building must utilize two or more of the following strategies:

i.

Incorporate the uppermost floor into the roof form.

ii.

Break the mass of the building into smaller modules through changes in wall plane, setbacks, and/or height.

iii.

Match window heights and/or proportions.

iv.

Relate roof cornices and moldings at floor lines.

6.

Privacy and Line of Sight.

a.

Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building.

b.

Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque.

c.

The maximum sill height for an ingress/egress window is forty-four (44) inches from finished floor.

==> picture [216 x 127] intentionally omitted <==

7.

Roofline and Roof Design.

a.

Roof designs shall be limited to:

i.

Hipped.

ii.

Gable.

iii.

Shed.

iv.

Dormer.

v.

Parapet.

(a)

Not allowed on frontages facing Fremont Avenue.

(b)

When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:

(1)

Steps.

(2)

Curves.

(3)

Angled surfaces.

(c)

The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.

b.

When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.

==> picture [180 x 118] intentionally omitted <==

c.

Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.

d.

Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twentyfour (24) inches.

==> picture [216 x 90] intentionally omitted <==

C.

Building Design.

Façade Design.

a.

Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

b.

The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.

c.

Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.

d.

Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

2.

Pedestrian-Scaled Entrances.

a.

Building entrances must incorporate at least one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

i.

Stoop.

ii.

Dooryard.

iii.

Shopfront.

(a)

Shopfronts more than twenty-five (25) feet in width must incorporate variations in bulkhead, awnings, materials and/or color to visually articulate the shopfront into modules not to exceed twenty-five (25) continuous feet.

iv.

Gallery.

v.

Arcade.

vi.

Forecourt.

(a)

Forecourts must feature at least one entry to a shop and/or second floor use.

(b)

Forecourts for buildings more than seventy (70) feet in length along a right-of-way must have a minimum width and depth of fifteen (15) feet from front façade. Width of forecourt shall be equal to or greater than depth.

(c)

The size of the forecourt must be appropriate relative to the size of the building. The maximum ratio of building height to forecourt is 2:1 (height < 2 x width).

(d)

Forecourt must be enclosed on at least three sides by buildings.

(e)

Forecourt must remain open to the sky (arbors and trellises are allowed).

==> picture [216 x 111] intentionally omitted <==

b.

Primary Entrance Location(s). The building entrance shall be located along the primary right-of-way.

c.

Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.

d.

Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:

i.

Dedicated awning, canopy, or other roof element.

ii.

Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.

iii.

Dedicated light fixture(s).

iv.

Decorative street address numbers or tiles.

v.

Plaque signs for upper-floor business tenants.

e.

Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.

i.

Protection may be coterminous with an accent element.

ii.

Protection may take the form of an extended eave, overhang, awning. door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.

iii.

The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.

iv.

Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.

==> picture [216 x 166] intentionally omitted <==

f.

Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.

3.

Ground Floor Floor-to-Ceiling Height. Minimum twelve (12) inches taller than typical upper floor floor-toceiling.

==> picture [216 x 201] intentionally omitted <==

Interior Courtyard. Interior courtyards must be:

a.

Partially visible from the street and linked to the street by a clear accessible path of travel.

b.

Enclosed on at least two sides by buildings.

c.

Open to the sky (arbors and trellises are allowed).

d.

A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.

Paseos. Paseos must be:

a.

A minimum width of ten (10) feet for through-block paseos.

b.

A minimum width of four feet for entries to courtyards or individual single businesses.

D.

Window Design.

Window frames, backbands, and sills.

a.

All windows shall have a sill.

i.

The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.

ii.

The sill shall be sloped toward the outside.

iii.

The sill shall have a drip at its outer edge.

2.

Vinyl windows are prohibited on façades visible from a right-of-way.

3.

Tinted glass is not allowed.

E.

Building Materials.

1.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed).

b.

Siding (lap, vertical, panelized, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum not permitted.

c.

Stone.

d.

Brick.

2.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, panelized, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (building base only).

d.

Brick (building base only).

e.

Tile (for bulkheads below display windows and decorative accents only).

f.

Metal (matte finish or Cor-ten).

i.

Ribbed metal, titanium, and mirrored finishes are not permitted.

g.

Concrete Masonry Units (watertable and building base only, and not allowed on any façade facing a rightof-way or a single-family zone).

h.

Concrete (building base only, board-form only, cast concrete not permitted).

F.

Ground Level Open Space. Where any required front, rear, or side yard setback is ten (10) feet or greater, on-site ground-level open space shall be provided within the setback.

1.

The ground level open space shall be usable and accessible.

2.

The minimum dimension for ground level open space shall be eight feet.

==> picture [216 x 152] intentionally omitted <==

G.

Landscaping, Paving and Pedestrian Amenities.

1.

Landscape elements shall be integrated with the building architecture, parking, and streetscape. Recommended patterns shall include, but are not limited to:

a.

Planters for flowers and shrubs within street frontage.

b.

Landscape buffers between parking spaces and building façades.

c.

Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks.

2.

Within the Loyola Corners Specific Plan Overlay district, landscaping, paving and pedestrian amenities shall be as specified in the Loyola Corners Specific Plan.

3.

See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.

H.

Site Circulation and Access.

1.

New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.

2.

Bicycle racks shall be provided:

a.

In or within fifty (50) feet of every parking area; and

b.

Within twenty (20) feet of at least one building entrance.

I.

Service Areas and Screening.

1.

Service areas must be located at the rear of lot.

2.

Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.

J.

Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all residential mixed-use development in the CN District.

(Amended during 2/06 supplement; prior code § 10-2.1613)

(Ord. No. 2021-478, § 1, 9-14-2021)

14.40.160 - Signs (CN).

(As provided in Chapter 14.68 of this code.)

(Prior code § 10-2.1614; Ord. No. 2015-414, § 12, 9-8-2015)

14.40.170 - Fences (CN).

(As provided in Chapter 14.72 of this title.)

(Prior code § 10-2.1615)

14.40.180 - Nonconforming use regulations (CN).

(As provided in Chapter 14.66 of this title.)

(Prior code § 10-2.1616)

Chapter 14.44 - CD COMMERCIAL DOWNTOWN DISTRICT*

Sections:

14.44.010 - CD District.

The regulations, general provisions, and exceptions set forth in Chapter 14.66 of this title shall apply in the CD District.

(Ord. 06-295 § 1 (part))

14.44.020 - Specific purposes (CD).

Specific purposes for CD Districts are as follows:

A.

Promote the implementation of the downtown urban design plan;

B.

Retain and enhance the downtown Los Altos village atmosphere;

C.

Allow latitude for creative design and architectural variety within limits established;

D.

Preserve and improve the character of the area immediately surrounding the existing downtown pedestrian district;

E.

Provide pedestrian amenities such as paseos, outdoor public spaces and outdoor seating;

F.

Establish a sense of entry into the downtown;

G.

Encourage historic preservation for those buildings listed on the city's historic resources inventory;

H.

Encourage the upgrading of building exteriors, signs, passageways and rear entries;

I.

Provide for a full range of retail, office, and service uses appropriate to downtown;

J.

Develop a landscaped strip along the back of properties that abut Foothill Expressway between Edith Avenue and San Antonio Road;

K.

Improve the visual appeal and pedestrian orientation of the downtown; and

L.

Encourage the use of solar, photovoltaic, and other energy conserving devices.

(Ord. 06-295 § 1 (part))

The following uses shall be permitted in the CD District, provided that any site with over five thousand (5,000) square feet of existing retail or restaurant space on the ground floor shall retain an equal or greater amount of retail and/or restaurant space on the ground floor:

A.

Business, professional, and trade schools;

B.

Office-administrative services, excluding drive-through facilities;

C.

Parking spaces and loading areas;

D.

Restaurants, excluding drive-through facilities;

E.

Retail and personal services;

F.

Residential only development(s);

G.

Mixed use development(s); and

H.

Uses which are determined by the zoning administrator to be of the same general character.

(Ord. 06-295 § 1 (part))

(Ord. No. 10-349, § 2, 4-27-2010; Ord. No. 2015-406, § 2, 2-10-2015; Ord. No. 2023-501, § 7(App. G), 1010-2023)

14.44.040 - Conditional uses (CD).

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the CD District:

A.

Animal clinics and hospitals;

B.

Cocktail lounges;

C.

Commercial recreation;

D.

Day care centers;

E.

Medical and dental offices;

F.

Service stations provided the site has at least one hundred (100) feet of frontage on a street with a minimum site area of twenty thousand (20,000) square feet; and

G.

Uses which are determined by the planning commission and the city council to be of the same general character.

(Ord. 06-295 § 1 (part))

(Ord. No. 2015-406, §§ 3, 4, 2-10-2015; Ord. No. 2023-501, § 7(App. G), 10-10-2023)

The following conditions shall be required of all uses in the CD District:

A.

All businesses, services, and processes shall be conducted within a completely enclosed structure, except for parking and loading spaces, sale of gasoline and oil at service stations, incidental sales and display of plant materials and garden supplies occupying no more than one thousand five hundred (1,500) square feet of exterior sales and display area, outdoor eating areas operated incidental to permitted eating and drinking services.

B.

No use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable by reason of odor, dust, smoke, noise, vibration, illumination, glare, unsightliness, or electrical disturbances which are manifested beyond the premises in which the permitted use is located.

C.

No property owner, business owner and/or tenant shall permit or allow operation of a business which violates the required conditions of this chapter, including the following general criteria:

1.

Refuse collection. Every development, including applications for tenant improvements, shall be required to provide suitable space for solid waste separation, collection, and storage and shall provide sites for such that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way. Refuse collection areas are encouraged to be shared, centralized, facilities whenever possible.

Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if: (i) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities, or (ii) if the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.

3.

Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area air quality management district shall comply with applicable state standards concerning air pollution.

4.

Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, facilities, and public sidewalks adjacent to the subject property shall be required. In the case of public sidewalks, maintenance shall be limited to keeping the sidewalk clean and free of debris, markings, and food and drink stains by means of sweeping, cleaning with water and/or steam cleaning.

5.

Odors. No use may generate any odor that may be found reasonably objectionable as determined by an appropriate agency such as the Santa Clara County health department and the Bay Area air quality management district beyond the boundary occupied by the enterprise generating the odor.

6.

Noise. No person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property either incorporated or unincorporated, to exceed standards as set forth in Chapter 6.16 of the Los Altos Municipal Code.

In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height may be required at a commercial/residential interface. Other conditions may be applied such as, but not limited to, muffling of exterior air conditioning facilities.

(Ord. 06-295 § 1 (part))

The minimum depth of front yards shall be two feet and shall be landscaped.

(Ord. 06-295 § 1 (part))

No side yards shall be required, except when the side property line of a site abuts a public street or a public parking plaza, in which case the minimum width of the side yard shall be two feet and shall be landscaped.

(Ord. 06-295 § 1 (part))

Structures above fifteen (15) feet in height must have a minimum rear yard of fifteen (15) feet. Otherwise, no rear yard shall be required except as follows:

A.

Where the rear property line of a site abuts a public parking plaza, the minimum depth of the rear yard shall be two feet and shall be landscaped.

B.

Where the rear property line of a site abuts a public street or alley, the minimum depth of the rear yard shall be ten (10) feet of which the rear two feet shall be landscaped.

C.

A required rear yard may be used for parking, except for the area required to be landscaped.

(Ord. 06-295 § 1 (part))

Parking facilities shall be provided in accordance with Chapter 14.74 of this title. In addition, parking facilities shall:

A.

Reduce the visual impact of parking structures and parking lots by locating them at the rear or interior portions of building sites;

B.

Minimize the street frontage of the lot or structure by placing its shortest horizontal edge along the street;

C.

When parking structures must be located at street frontage because other locations are proven infeasible, the ground level frontage shall either be used for commercial space or shall provide a landscaped area not less than five feet in width between the parking area and the public right-of-way;

D.

Keep the number of direct entrances to parking facilities from streets to a minimum;

E.

Provide a landscaped buffer not less than five feet in width between a parking lot or structure and street frontage or buildings. Where the landscaped strip adjoins a public street or pedestrian walkway, the landscaped strip may be required to include a fence, wall, berm, or equivalent feature;

F.

Provide a minimum of interior landscaping for unenclosed parking facilities as follows: where the total parking provided is located on one site and is fourteen thousand nine hundred ninety-nine (14,999) square feet or less, five percent of total parking area; where the parking is fifteen thousand (15,000) through twenty-nine thousand nine hundred ninety-nine (29,999) square feet, seven and one-half percent of total parking area; and where the facility is thirty thousand (30,000) square feet or greater, ten (10) percent of total parking area.

G.

Trees in reasonable number shall be provided; ground cover alone is not acceptable. Interior landscaping shall be distributed throughout the paved area as evenly as possible. Provision shall be made for automatically irrigating all planted area. All landscaping shall be protected with concrete curbs or other acceptable barriers. All landscaping shall be continuously maintained.

(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))

14.44.100 - Common parking facilities (CD).

(As provided in Chapter 14.74 of this title.)

(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))

14.44.110 - Off-street loading and refuse collection (CD).

A.

Where buildings are served by alleys, all service-delivery entrances, loading docks, and refuse collection facilities shall be located to be accessed from the alley. No loading area shall be located at the street frontage or building façade.

B.

A minimum of thirty-two (32) square feet of covered refuse collection area shall be provided and shall not be located in any front or street side yard. Where an alley exists, the refuse collection area shall be accessed from the alley. Refuse collection areas shall be on site, but are encouraged to be shared, centralized, facilities whenever possible.

C.

On sites not served by an alley, service areas shall be located to the rear, side, or at an internal location where visibility from public streets, public parking plazas and neighboring properties will be minimized.

D.

Refuse collection areas shall be enclosed by a screen wall of durable material and planting as necessary to screen views from streets, public parking plazas and neighboring properties.

(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))

14.44.120 - Height of structures (CD).

A.

Residential only development(s) building height shall be a maximum of forty (40) feet and four stories.

B.

Mixed use development(s) building height shall be a maximum of forty-five (45) feet and four stories.

C.

Non-residential use only development(s) building height shall be a maximum of thirty (30) feet and three stories.

(Ord. 08-321 § 1: Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))

(Ord. No. 10-349, § 3, 4-27-2010; Ord. No. 2016-428, § 1, 11-8-2016; Ord. No. 2023-501, § 7(App. G), 1010-2023)

14.44.130 - Design control (CD).

A.

Building Massing and Articulation.

Upper-story Step-backs.

a.

Front: Minimum ten (10) feet from ground floor façade for stories above thirty (30) feet in height as shown in the diagram

==> picture [216 x 96] intentionally omitted <==

b.

Street Side: Minimum ten (10) feet from ground floor façade for stories above thirty (30) feet in height, as shown in the diagram

c.

For buildings over three stories in height, the uppermost story must be embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, as allowed by standards in Section 14.44.130.A.6.

2.

Vertical Articulation.

a.

When a building façade exceeds seventy-five (75) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum three feet deep and ten (10) feet wide.

b.

A minimum one entrance shall be provided per primary façade bay.

c.

The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay.

==> picture [216 x 98] intentionally omitted <==

3.

Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.

a.

One or more of the following patterns shall be used to define the base:

i.

Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.

ii.

Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).

iii.

Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).

b.

The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other elements listed under Section 17.44.130.A.6. These elements shall be consistent with the overall architectural style of the building mass/bay.

==> picture [216 x 118] intentionally omitted <==

==> picture [216 x 137] intentionally omitted <==

Adjacencies.

a.

Storefront Façades Adjacent to Storefront Façades.

i.

The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.

ii.

The height of ground story shall not differ from height of any adjacent ground story by more than two feet.

iii.

Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.

==> picture [216 x 70] intentionally omitted <==

b.

Compatibility with Adjacent Shorter Buildings with Height Difference of One Story or More. When adjacent to an existing shorter building with a height difference of one story or more, a proposed building must utilize two or more of the following strategies:

i.

Incorporate the uppermost floor into the roof form.

ii.

Break the mass of the building into smaller modules through changes in wall plane, setbacks, and/or height.

iii.

Match window heights and/or proportions.

iv.

Relate roof cornices and moldings at floor lines.

5.

Privacy and Line of Sight.

a.

Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building.

b.

Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque.

c.

The maximum sill height for an ingress/egress window is forty-four (44) inches from finished floor.

==> picture [216 x 114] intentionally omitted <==

6.

Roofline and Roof Design.

a.

Roof designs shall be limited to:

i.

Hipped.

ii.

Gable.

iii.

Mansard.

(a)

Applicable for buildings three or more stories.

iv.

Dormer.

v.

Parapet.

(a)

When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:

(1)

Steps.

(2)

Curves.

(3)

Angled surfaces.

(b)

The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.

b.

When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.

==> picture [216 x 141] intentionally omitted <==

c.

Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.

d.

Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twentyfour (24) inches.

==> picture [181 x 74] intentionally omitted <==

B.

Building Design.

Façade Design.

a.

Building façades must continue the pattern established by existing buildings in Downtown Los Altos by reinforcing the underlying maximum fifty (50) foot module along all street frontages through the use of the following techniques:

i.

Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

ii.

The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.

iii.

Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.

iv.

Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

b.

At least two of the following strategies must be used in a manner that reinforces the maximum fifty (50) foot module:

i.

Change in roof parapet height or shape.

ii.

Change in roof style.

iii.

Change in materials palette.

iv.

Change in building height, minimum eight-foot difference.

v.

Change in frontage type or change in details of shopfront frontage type if used.

vi.

Use of upper floor projections such as bay windows or balconies.

2.

Ground Level Transparency. A minimum sixty (60) percent of commercial ground floor street-facing façades between two and seven feet in height shall be transparent window surface. Opaque, reflective, or dark tinted glass is not allowed.

==> picture [216 x 84] intentionally omitted <==

3.

Pedestrian-Scaled Entrances.

a.

Building entrances must incorporate at least one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

i.

Stoop.

ii.

Dooryard.

iii.

Shopfront.

(a)

Shopfronts more than twenty-five (25) feet in width must incorporate variations in bulkhead, awnings, materials and/or color to visually articulate the shopfront into modules not to exceed twenty-five (25) continuous feet.

iv.

Gallery.

v.

Arcade.

vi.

Forecourt.

(a)

Forecourts must feature at least one entry to a shop and/or second floor use.

(b)

Forecourts for buildings more than seventy (70) feet in length along a right-of-way must have a minimum width and depth of fifteen (15) feet from front façade. Width of forecourt shall be equal to or greater than depth.

(c)

The size of the forecourt must be appropriate relative to the size of the building. The maximum ratio of building height to forecourt is 2:1 (height < 2 x width).

(d)

Forecourt must be enclosed on at least three sides by buildings.

(e)

Forecourt must remain open to the sky (arbors and trellises are allowed).

==> picture [216 x 111] intentionally omitted <==

vii.

Terrace.

b.

Primary Entrance Location(s). Locate primary entrance on the front right-of-way and/or in the interior courtyard.

c.

Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.

d.

Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:

i.

Dedicated awning, canopy, or other roof element.

ii.

Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.

iii.

Dedicated light fixture(s).

iv.

Decorative street address numbers or tiles.

v.

Plaque signs for upper-floor business tenants.

e.

Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.

i.

Protection may be coterminous with an accent element.

ii.

Protection may take the form of an extended eave, overhang, awning. door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.

iii.

The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.

iv.

Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.

==> picture [216 x 154] intentionally omitted <==

f.

Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.

4.

Ground Floor Floor-to-Ceiling Height. Minimum twelve (12) inches taller than typical upper floor floor-toceiling.

==> picture [216 x 201] intentionally omitted <==

5.

Interior Courtyard. Interior courtyards must be:

a.

Partially visible from the street and linked to the street by a clear accessible path of travel.

b.

Enclosed on at least two sides by buildings.

c.

Open to the sky (arbors and trellises are allowed)

d.

A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.

6.

Paseos. Paseos must be:

a.

A minimum width of ten (10) feet for through-block paseos.

b.

A minimum width of four feet for entries to courtyards or individual single businesses.

C.

Window Design.

1.

Window frames, backbands, and sills.

a.

All windows shall have a sill.

i.

The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.

ii.

The sill shall be sloped toward the outside.

iii.

The sill shall have a drip at its outer edge.

2.

Vinyl windows are prohibited on façades visible from a right-of-way.

D.

Building Materials.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed)

b.

Siding (lap, vertical, panelized, or shingle)

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not allowed.

c.

Stone.

d.

Brick.

2.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, panelized, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (building base only).

d.

Brick (building base only).

e.

Tile.

f.

Metal (matte finish or Cor-ten).

i.

Ribbed metal, titanium, and mirrored finishes are not permitted.

g.

Concrete Masonry Units (watertable and building base only, and not allowed on any façade facing a rightof-way or a single-family zone).

h.

Concrete (building base only, board-form only, cast concrete not permitted).

E.

Landscaping, Paving, and Pedestrian Amenities.

1.

Landscaping must be placed on each side of a driveway at grade or in raised planters.

2.

All paving located adjacent to a sidewalk must be textured (decorative or permeable).

3.

A minimum seventy-five (75) percent of on-site paving material must be pervious/permeable.

Landscape elements shall be integrated with the building architecture, parking, and streetscape. Recommended patterns shall include, but are not limited to:

a.

Planters for flowers and shrubs within street frontage.

b.

Landscape buffers between parking spaces and building façades.

c.

Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks. A publicly visible and accessible pedestrian amenity such as benches, a fountain, a rain garden, decorative paving, and/or public art.

5.

See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.

==> picture [216 x 144] intentionally omitted <==

F.

Parking Design and Access.

1.

Where structured parking is provided, the parking area must be either:

a.

"Lined" with ground-floor non-residential uses at least thirty (30) feet deep as measured from the front façade; or

==> picture [216 x 159] intentionally omitted <==

b.

Designed such that the floor elevation is a minimum four vertical feet below the elevation of the adjacent sidewalk.

==> picture [216 x 127] intentionally omitted <==

2.

Visible structured parking must be screened from view from the right-of-way by at least one of the following features:

a.

Regular punched openings designed to resemble windows of habitable spaces.

b.

Trellis/living wall.

c.

Custom textured or decorative screening.

3.

Entrances to Parking Facilities.

a.

A maximum of two curb cuts for one-way traffic and one curb cut for two-way traffic may be permitted per street frontage per lot.

b.

Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum ten (10) feet from the back of sidewalk.

c.

Entrances to parking facilities along a street frontage shall be separated by a minimum of forty (40) feet, excluding access to parking plazas.

d.

Where possible, curb cuts serving adjacent parking facilities shall be shared.

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G.

Site Circulation and Access.

1.

A clearly defined, lighted and landscaped pedestrian route shall be provided between all parking areas and primary pedestrian entrance.

2.

New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.

3.

Bicycle racks shall be provided:

a.

In or within fifty (50) feet of every parking area; and

b.

Within twenty (20) feet of at least one building entrance.

H.

Service Areas and Screening.

1.

Service areas must be located at the rear of lot or along a parking plaza.

2.

Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.

I.

Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all residential mixed-use development in the CD District.

(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))

(Ord. No. 2021-478, § 1, 9-14-2021)

14.44.140 - Nonconforming use regulations (CD).

(As provided in Chapter 14.66 of this title.)

(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))

14.44.150 - Signs (CD).

(As provided in Chapter 14.68 of this code.)

(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part); Ord. No. 2015-414, § 12, 9-8-2015)

14.44.160 - Fences (CD).

(As provided in Chapter 14.72 of this title.)

(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))

14.44.170 - Restoration of nonconforming structures (CD).

(As provided in Chapter 14.66 of this title.)

(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))

14.44.180 - Exceptions for public benefit (CD).

A.

To implement the downtown urban design plan, exceptions from the provisions of this chapter may be granted provided the following findings are made:

1.

The granting of the exception will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the area;

2.

The benefit to the city derived from granting the exception is an appropriate mitigation when considered against the cost to the developer;

3.

The project and mitigation will result in a public benefit to the downtown;

4.

The resultant project and mitigation are consistent with the general plan and promote or accomplish objectives of the downtown urban design plan.

B.

For the purposes of this chapter, exceptions may include, but are not limited to setbacks, on-site parking, and development or building standards.

(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))

(Ord. No. 10-349, § 4, 4-27-2010)

Chapter 14.48 - CRS COMMERCIAL RETAIL SALES DISTRICT*

Sections:

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 of this title shall apply in the CRS District.

(Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): prior code § 10-2.1901)

The city shall retain and enhance the downtown Los Altos village atmosphere and shall seek to attract businesses to the village. The primary characteristics of the desired village atmosphere include:

A.

A mix of uses emphasizing retail businesses and services that meet the needs of community residents and visitors, and with housing located aboveground floor businesses;

B.

Buildings and streetscape elements that enhance the pedestrian experience, reflect quality design, present a diversity of appearances, and contribute to the architectural and historical interest of the village;

C.

An attractive, pedestrian-oriented shopping environment that encourages social interaction, with substantial landscaping and open space, and adequate public parking;

D.

Business and specialty stores that will attract customers from the local community and surrounding region; and

E.

Encouragement of activities that enhance and extend commercial vitality, including nighttime activities.

In addition to the vision statement, the specific purposes for the CRS District are as follows:

A.

Promote the implementation of the downtown urban design plan;

B.

Encourage pedestrian-scale design and minimize blank walls and other dead spaces at the ground level;

C.

Continue the pattern and scale established by existing buildings by requiring building designs that express the underlying twenty-five (25) foot frontages originally established, either by building structure or by architectural design;

D.

Create continuous building frontage without major interruption by disallowing driveways and parking lots on shopping street frontages;

E.

Allow latitude for creative design and architectural variety within limits established;

F.

Provide pedestrian amenities such as paseos, outdoor public spaces and outdoor seating;

G.

Establish a sense of entry into the downtown;

H.

Encourage historic preservation for those buildings listed on the city's historic resources inventory;

I.

Encourage the upgrading of building exteriors, signs, passageways, and rear entries; and

J.

Encourage the use of solar, photovoltaic, and other energy conserving devices.

(Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 01-397 § 4: prior code § 10-2.1902)

The following uses shall be permitted in the CRS District:

A.

Business, professional, and trade schools located above the ground floor;

B.

Office-administrative services, which include medical and dental clinics or offices having less than five thousand (5,000) gross square feet of floor area and animal clinics having less than five thousand (5,000) gross square feet of floor area, except when located in a ground floor building space that fronts directly onto Main Street or State Street;

C.

Parking spaces and loading areas incidental to a permitted use;

D.

Personal services;

E.

Private clubs, lodges, or fraternal organizations located above the ground floor;

F.

Restaurants, excluding drive-through services;

G.

Retail;

H.

Residential only development(s) except when main building frontage is on Main Street and/or State Street;

I.

Mixed use development(s);

J.

Uses which are determined by the zoning administrator to be of the same general character; and

K.

Cocktail lounges.

(Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 05-280 § 7 (part): Ord. 05-270 § 2: Ord. 04-268 § 1)

(Ord. No. 10-348, § 4, 4-13-2010; Ord. No. 2015-406, § 2, 2-10-2015; Ord. No. 2019-462, § 1, 9-10-19; Ord. No. 2023-501, § 8(App. H), 10-10-2023)

14.48.040 - Conditional uses and structures (CRS).

Upon the granting of a conditional use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the CRS District:

A.

Any new building that has an area greater than seven thousand (7,000) gross square feet, and any addition to an existing building which would result in the total building area exceeding seven thousand (7,000) gross square feet, including additions to buildings which presently exceed seven thousand (7,000) gross square feet in area;

B.

Commercial recreation;

C.

Day care centers, except when located in a ground floor building space that fronts directly onto Main Street or State Street;

D.

Hotels;

E.

Medical and dental clinics or offices having five thousand (5,000) gross square feet of floor area or more and animal clinics having five thousand (5,000) gross square feet of floor area or more, except when located in a ground floor building that fronts directly onto Main Street or State Street; and

F.

Uses which are determined by the planning commission to be of the same general character.

(Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 05-280 § 7 (part): Ord. 05-270 § 3: Ord. 04-268 § 3)

(Ord. No. 2012-375, § 6, 1-24-2012; Ord. No. 2015-406, §§ 3, 4, 2-10-2015; Ord. No. 2015-414, § 8, 9-82015; Ord. No. 2019-462, § 1, 9-10-19; Ord. No. 2023-501, § 8(App. H), 10-10-2023)

The following conditions shall be required of all uses in the CRS District:

A.

Any ground floor office that is voluntarily discontinued pursuant to Section 14.66.110 of this title shall be converted to a conforming use, or receive a conditional use permit to maintain an office at that location pursuant to Section 14.80.060(H) of this title.

B.

All businesses, services, and processes shall be conducted within a completely enclosed structure, except for parking and loading spaces, sale of gasoline and oil at service stations, incidental sales and display of plant materials and garden supplies occupying no more than one thousand five hundred (1,500) square feet of exterior sales and display area, outdoor eating areas operated incidental to permitted eating and drinking services, and as otherwise allowed upon the issuance of an outdoor display permit. Exterior storage is prohibited.

C.

No use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable by reason of odor, dust, noise, vibration, illumination, glare, unsightliness or electrical disturbances which are manifested beyond the premises in which the permitted use is located.

D.

No property owner, business owner and/or tenant shall permit or allow operation of a business which violates the required conditions of this chapter, including the following general criteria:

1.

Refuse collection. Every development, including applications for tenant improvements, shall be required to provide suitable space for solid waste separation, collection, and storage and shall provide sites for such that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way. Refuse collection areas are encouraged to be shared, centralized, facilities whenever possible.

Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if: (i) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities, or (ii) if the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.

3.

Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area air quality management district shall comply with applicable state standards concerning air pollution.

4.

Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, facilities, and public sidewalks adjacent to the subject property shall be required. In the case of public sidewalks, maintenance shall be limited to keeping the sidewalk clean and free of debris, markings, and food and drink stains by means of sweeping, cleaning with water and/or steam cleaning.

5.

Odors. No use may generate any odor that may be found reasonably objectionable as determined by an appropriate agency such as the Santa Clara County health department and the Bay Area air quality management district beyond the boundary occupied by the enterprise generating the odor.

6.

Noise. No person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property either incorporated or unincorporated, to exceed standards as set forth in Chapter 6.16 of the Los Altos Municipal Code.

In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height may be required at a commercial/residential interface. Other conditions may be applied such as, but not limited to, muffling of exterior air conditioning facilities.

(Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 05-287 § 3; Ord. 04-268 § 2 (part); prior code § 102.1905)

14.48.060 - Front yard (CRS).

With the exception of landscaping, all development in the CRS District must be built to the back of the sidewalk.

(Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1907)

14.48.070 - Side yards (CRS).

No side yards shall be required, and none shall be allowed, except where the side property line of a site abuts a public parking plaza, the minimum width of the side yard shall be two feet which shall be landscaped. A required side yard may be used for parking except for the area required to be landscaped.

(Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1908)

14.48.080 - Rear yard (CRS).

No rear yard shall be required except as follows:

A.

Where the rear property line of a site abuts a public parking plaza, the minimum depth of the rear yard shall be two feet, which shall be landscaped.

B.

Where the rear property line of a site abuts an existing alley, the minimum depth of the rear yard shall be ten (10) feet, of which the rear two feet shall be landscaped. A required rear yard may be used for parking, except for the area required to be landscaped.

(Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1909)

14.48.090 - Off-street parking (CRS).

Parking facilities shall be provided in accordance with Chapter 14.74 of this title. In addition, parking facilities shall:

A.

Reduce the visual impact of parking structures and parking lots by locating them at the rear or interior portions of building sites;

B.

Minimize the street frontage of the lot or structure by placing its shortest horizontal edge along the street;

C.

When parking structures must be located at street frontage because other locations are proven infeasible, the ground level frontage shall either be used for commercial space or shall provide a landscaped area not less than five feet in width between the parking area and the public right-of-way;

D.

Not be accessed from State or Main Streets unless no other access is feasible, in which case the number of direct entrances to parking facilities from streets shall be kept to a minimum;

E.

Provide a landscaped buffer not less than five feet in width between a parking lot or structure and street frontage or buildings. Where the landscaped strip adjoins a public street or pedestrian walkway, the landscaped strip may be required to include a fence, wall, berm, or equivalent feature;

F.

Provide a minimum of interior landscaping for unenclosed parking facilities as follows: where the total parking provided is located on one site and is fourteen thousand nine hundred ninety-nine (14,999) square feet or less, five percent of total parking area; where the parking is fifteen thousand (15,000) through twenty-nine thousand nine hundred ninety-nine (29,999) square feet, seven and one-half percent of total parking area; and where the facility is thirty thousand (30,000) square feet or greater, ten (10) percent of total parking area;

G.

Trees in reasonable number shall be provided; ground cover alone is not acceptable. Interior landscaping shall be distributed throughout the paved area as evenly as possible. Provision shall be made for automatically irrigating all planted area. All landscaping shall be protected with concrete curbs or other acceptable barriers. All landscaping shall be continuously maintained.

(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1910)

14.48.100 - Common parking facilities (CRS).

(As provided in Chapter 14.74 of this title.)

(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1911)

14.48.110 - Off-street loading and refuse collection (CRS).

A.

Where buildings are served by alleys, all service-delivery entrances, loading docks, and refuse collection facilities shall be located to be accessed from the alley. No loading area shall be located at the street frontage or building façade.

B.

A minimum of thirty-two (32) square feet of covered refuse collection area shall be provided and shall not be located in any front or street side yard. Where an alley exists, the refuse collection area shall be accessed from the alley. Refuse collection areas shall be on site, but are encouraged to be shared, centralized, facilities whenever possible.

C.

On sites not served by an alley, service areas shall be located to the rear, side, or at an internal location where visibility from public streets, public parking plazas and neighboring properties will be minimized.

D.

Refuse collection areas shall be enclosed by a screen wall of durable material and planting as necessary to screen views from streets, public parking plazas and neighboring properties.

(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1912)

14.48.120 - Height of structures (CRS).

A.

Residential only development(s) building height shall be a maximum of forty (40) feet and four stories.

B.

Mixed use development(s) building height shall be a maximum of forty-five (45) feet and four stories.

C.

Non-Residential use only development(s) building height shall be a maximum of thirty (30) feet and three stories.

(Ord. 08-331 § 1: Ord. 08-321 § 2: Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1913)

(Ord. No. 10-349, § 5, 4-27-2010; Ord. No. 2023-501, § 8(App. H), 10-10-2023)

14.48.130 - Design control (CRS).

A.

Building Massing and Articulation.

1.

Upper-story Step-backs, Front and Street Side.

a.

The third story must be either stepped back a minimum five feet from the ground floor façade or embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, as allowed by standards in Section 14.48.130.A.6.

b.

For buildings over three stories, the uppermost story must be embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, as allowed by standards in Section 14.48.130.A.6.

2.

Vertical Articulation.

==> picture [216 x 105] intentionally omitted <==

a.

When a building façade exceeds fifty (50) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum five feet deep and ten (10) feet wide.

b.

The building shall include at least one ground-floor entrance every twenty-five (25) feet.

==> picture [216 x 106] intentionally omitted <==

3.

Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.

a.

One or more of the following patterns shall be used to define the base:

i.

Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.

ii.

Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).

iii.

Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).

==> picture [216 x 113] intentionally omitted <==

==> picture [216 x 153] intentionally omitted <==

b.

The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other elements listed under Section 17.48.130.B.7. These elements shall be consistent with the overall architectural style of the building mass/bay.

4.

Adjacencies.

a.

Storefront Façades Adjacent to Storefront Façades.

i.

The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.

ii.

The height of ground story shall not differ from height of any adjacent ground story by more than two feet.

iii.

Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.

==> picture [216 x 75] intentionally omitted <==

b.

Compatibility with Adjacent Shorter Buildings with Height Difference of One Story or More. When adjacent to an existing shorter building with a height difference of one story or more, a proposed building must utilize two or more of the following strategies:

i.

Incorporate the uppermost floor into the roof form.

ii.

Break the mass of the building into smaller modules through changes in wall plane, setbacks, and/or height.

iii.

Match window heights and/or proportions.

iv.

Relate roof cornices and moldings at floor lines.

5.

Privacy and Line of Sight.

a.

Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building.

b.

Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque.

c.

The maximum sill height for an ingress/egress window is forty-four (44) inches from finished floor.

==> picture [216 x 128] intentionally omitted <==

Roofline and Roof Design.

a.

Roof designs shall be limited to:

i.

Hipped.

ii.

Gable.

iii.

Dormer.

iv.

Parapet.

(a)

When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:

(1)

Steps.

(2)

Curves.

(3)

Angled surfaces.

(b)

The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.

b.

Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.

c.

Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twentyfour (24) inches.

==> picture [180 x 75] intentionally omitted <==

B.

Building Design.

1.

Façade Design.

a.

Building façades must continue the pattern established by existing buildings in Downtown Los Altos by reinforcing the underlying maximum twenty-five (25) foot module along all street frontages through the use of the following techniques:

i.

Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

ii.

The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.

iii.

Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.

iv.

Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

b.

At least two of the following strategies must be used in a manner that reinforces the maximum twenty-five (25) foot module:

i.

Change in roof parapet height or shape.

ii.

Change in roof style.

iii.

Change in materials palette.

iv.

Change in building height, minimum eight-foot difference.

v.

Change in frontage type or change in details of shopfront frontage type if used.

vi.

Use of upper floor projections such as bay windows or balconies.

2.

Ground Level Transparency. A minimum sixty (60) percent of commercial ground floor street-facing façades between two and seven feet in height shall be transparent window surface. Opaque, reflective, or dark tinted glass is not allowed.

==> picture [216 x 84] intentionally omitted <==

Pedestrian-Scaled Entrances.

a.

Building entrances must incorporate at least one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

i.

Stoop.

ii.

Shopfront.

(a)

The maximum width of single shopfront shall be twenty-five (25) feet.

iii.

Gallery.

iv.

Arcade with shopfront frontage.

b.

Primary Entrance Location(s). Locate primary entrance on the front right-of-way.

c.

Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.

d.

Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:

i.

Dedicated awning, canopy, or other roof element.

ii.

Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.

iii.

Dedicated light fixture(s).

iv.

Decorative street address numbers or tiles.

v.

Plaque signs for upper-floor business tenants.

e.

Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.

i.

Protection may be coterminous with an accent element.

ii.

Protection may take the form of an extended eave, overhang, awning, door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.

iii.

The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.

iv.

Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.

==> picture [192 x 154] intentionally omitted <==

f.

Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.

4.

Ground Floor Floor-to-Ceiling Height. Minimum twenty-four (24) inches taller than typical upper floor floorto-ceiling height.

==> picture [180 x 135] intentionally omitted <==

5.

Interior Courtyard. Interior courtyards must be:

a.

Partially visible from the street and linked to the street by a clear accessible path of travel.

b.

Enclosed on at least two sides by buildings.

c.

Open to the sky (arbors and trellises are allowed).

d.

A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.

6.

Paseos. Paseos must be:

a.

A minimum width of ten (10) feet for through-block paseos.

b.

A minimum width of four feet for entries to courtyards or individual single businesses.

C.

Window Design.

Window frames, backbands, and sills.

a.

All windows shall have a sill.

i.

The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.

ii.

The sill shall be sloped toward the outside.

iii.

The sill shall have a drip at its outer edge.

2.

Vinyl windows are prohibited on façades visible from a right-of-way.

3.

Tinted glass is not allowed.

D.

Building Materials.

1.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone.

d.

Brick.

2.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (building base only).

d.

Brick (building base only).

e.

Tile (for bulkheads below display windows and decorative accents only).

f.

Metal (Matte finish or Cor-ten).

i.

Ribbed metal, titanium, and mirrored finishes are not permitted.

g.

Concrete Masonry Units (building base only, and not allowed on any façade facing a right-of-way or a single-family zone).

h.

Concrete (watertable and building base only, board-form only, cast concrete not permitted).

E.

Downtown Gateways. A downtown gateway is located at the intersection of Foothill Expressway at Main Street.

1.

Building design at gateway intersection shall include:

a.

Façade lighting; and

b.

Overhangs or sloped roof forms.

2.

Ground-floor design at gateway intersections must address both street frontages through:

a.

Entrances that are visible and directly accessible from both streets;

b.

Building transparency beyond the required minimum for the first fifteen (15) feet of building frontage from the corner;

c.

Landscaped area with a minimum dimension of six feet; and

d.

A usable public space with pedestrian-scaled features.

F.

Landscaping and Paving, and Pedestrian Amenities.

Landscaping must be placed on each side of a driveway at grade or in raised planters.

2.

All paving located adjacent to a sidewalk must be textured (decorative or permeable).

3.

A minimum seventy-five (75) percent of on-site paving material must be pervious/permeable.

4.

Landscape elements shall be integrated with the building architecture, parking, and streetscape. Recommended patterns shall include, but are not limited to:

a.

Planters for flowers and shrubs within street frontage.

b.

Landscape buffers between parking spaces and building façades.

c.

Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks.

d.

A publicly visible and accessible pedestrian amenity such as benches, a fountain, a rain garden, decorative paving, and/or public art.

5.

See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.

==> picture [216 x 139] intentionally omitted <==

G.

Parking Design and Access.

1.

Where structured parking is provided, the parking area must be either:

a.

"Lined" with ground-floor non-residential uses at least thirty (30) feet deep as measured from the front façade; or

==> picture [180 x 137] intentionally omitted <==

b.

Designed such that the floor elevation is a minimum four vertical feet below the elevation of the adjacent sidewalk.

==> picture [180 x 104] intentionally omitted <==

2.

Visible structured parking must be screened from view from the right-of-way by at least one of the following features:

a.

Regular punched openings designed to resemble windows of habitable spaces.

b.

Trellis/living wall.

c.

Custom textured or decorative screening.

Entrances to Parking Facilities.

a.

Curb cuts are not permitted along State Street and Main Street, except those providing direct access to parking plazas. On all other street frontages, a maximum of two curb cuts for one-way traffic and one curb cut for two-way traffic may be permitted per street frontage per lot.

b.

Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum ten (10) feet from the back of sidewalk.

c.

Entrances to parking facilities along a street frontage shall be separated by a minimum of forty (40) feet, excluding access to parking plazas.

d.

Where possible, curb cuts serving adjacent parking facilities shall be shared.

==> picture [216 x 129] intentionally omitted <==

H.

Site Circulation and Access.

1.

A clearly defined, lighted and landscaped pedestrian route shall be provided between all parking areas and primary pedestrian entrance.

2.

New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.

3.

Bicycle racks shall be provided:

a.

In or within fifty (50) feet of every parking area; and

b.

Within twenty (20) feet of at least one building entrance.

I.

Service Areas and Screening.

1.

Service areas must be located at the rear of lot or along a parking plaza.

2.

Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.

J.

Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all residential mixed-use development in the CRS District.

(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): amended during 2/06 supplement; Ord. 04-268 § 2 (part); Ord. 01-397 §§ 10, 11, 12; prior code § 10-2.1914)

(Ord. No. 2021-478, § 1, 9-14-2021)

14.48.140 - Nonconforming use regulations (CRS).

(As provided in Chapter 14.66 of this title.)

(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1915)

14.48.150 - Signs (CRS).

(As provided in Chapter 11.04 of this code.)

(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); Ord. 01-397 § 13: prior code § 10-2.1916; Ord. No. 2015-414, § 12, 9-8-2015)

14.48.160 - Fences (CRS).

(As provided in Chapter 14.72 of this title.)

(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1917)

14.48.170 - Restoration of nonconforming structures (CRS).

(As provided in Chapter 14.66 of this title.)

(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1918)

14.48.180 - Exceptions for public benefit (CRS).

A.

To implement the downtown design plan, minor exceptions from the provisions of this chapter may be granted in the context of the project's benefit relative to its location. Since these are not required by law, they are to be allowed at the complete discretion of the city, provided the following findings are made:

1.

The benefits to the downtown will be significant;

2.

The benefits to the city derived from granting the exception is an appropriate mitigation when considered against the cost to the developer;

3.

The project and mitigation will result in a public benefit to the downtown; and

4.

The resultant project and mitigation are consistent with the general plan and promote or accomplish objectives of the downtown design plan.

B.

For the purposes of this chapter, such exceptions may include, but are not limited to, setbacks, height of structure, height of the first floor, on-site parking, and other zoning regulations. "Height of structure" shall only apply to building height exceptions that support the project's architectural integrity.

C.

For the purposes of this section, significant public benefits identified in the downtown design plan, include, but are not limited to, projects that accomplish the following:

1.

Provide for additional public parking, beyond minimum code requirement project needs;

2.

Provide additional public outdoor plazas and gathering and eating spaces, visible from the public right-ofway, to enhance the ambiance of the downtown;

3.

Create prominent, recognizable, entry points into the downtown area;

Preserve the historic character of downtown by renovating existing historic buildings;

5.

Create strong pedestrian linkages to the Civic Center and residential areas adjacent to downtown; and

6.

Develop pedestrian walkways or "paseo" passage ways where they are needed, to better link rear parking plazas to the businesses along State and Main Streets.

(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1919)

(Ord. No. 10-348, § 5, 4-13-2010; Ord. No. 2012-388, § 1, 11-13-2012)

Chapter 14.50 - CT COMMERCIAL THOROUGHFARE DISTRICT*

Sections:

14.50.010 - CT District.

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 of this title shall apply in the CT District.

(Ord. 04-259 § 1 (part))

14.50.020 - Specific purposes (CT).

Specific purposes for CT Districts are as follows:

A.

To encourage a variety of residential developments, including affordable housing development;

B.

To promote the economic and commercial success of Los Altos;

C.

To encourage aggregation of parcels;

D.

To buffer the impacts of commercial and multi-family land uses on neighboring residential properties;

E.

To emphasize a healthy proportion of retail uses as opposed to office and service uses; and

F.

To allow for mixed uses of commercial and residential

(Ord. 04-259 § 1 (part))

(Ord. No. 2017-436, § 1, 10-10-2017)

14.50.030 - Permitted uses (CT).

The following uses shall be permitted in the CT District:

A.

Professional and office-administrative services;

B.

Restaurants, excluding drive-through facilities;

C.

Retail and personal services;

D.

Residential only development(s);

E.

Mixed use development(s);

F.

Single room occupancy (SRO) housing;

G.

Emergency shelters; and

H.

Uses which are determined by the zoning administrator to be of the same general character.

(Ord. 05-280 § 8 (part): Ord. 04-259 § 1 (part))

(Ord. No. 2015-406, § 2, 2-10-2015; Ord. No. 2015-408, § 2, 6-9-2015; Ord. No. 2023-503, § 3(App. C), 1128-2023)

14.50.040 - Conditional uses (CT).

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the CT District:

A.

Animal clinics, hospitals, and kennels;

B.

Business, professional, and trade schools;

C.

Commercial recreation;

D.

Day care centers;

E.

Hotels and motels;

F.

Medical and dental clinics;

G.

Mortuaries;

H.

Pet shops;

I.

Printing shops;

J.

Upholstery shops; and

K.

Uses which are determined by the planning commission to be of the same general character.

(Ord. 05-280 § 8 (part): Ord. 04-259 § 1 (part))

(Ord. No. 2015-406, §§ 3, 4, 2-10-2015; Ord. No. 2015-409, § 2, 6-9-2015; Ord. No. 2023-503, § 3(App. C), 11-28-2023)

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted except on parcels within fifty (50) feet of an R District:

A.

Automotive display or salesrooms, servicing and repair;

B.

Cabinet and carpenter shops;

C.

Drive-through facilities, including car washes;

D.

Service stations provided the site has at least one hundred (100) feet of frontage on a street with a minimum site area of twenty thousand (20,000) square feet;

E.

Sheet metal shops;

F.

Sign painting shops; and

G.

Theaters and auditoriums.

(Ord. 04-259 § 1 (part))

(Ord. No. 10-348, § 6, 4-13-2010)

The following conditions shall be required of all uses in the CT District:

A.

All businesses, services, and processes shall be conducted within a completely enclosed structure, except for recycling facilities, parking and loading areas, outdoor dining areas, nurseries, the sale of gasoline and

oil at service stations, bus depots, or as permitted under the terms of a permit issued pursuant to Chapter 14.80 of this title.

B.

No use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable by reason of odor, dust, noise, vibration, illumination, glare, unsightliness, or electrical disturbances which are manifested beyond the premises in which the permitted use is located.

C.

No property owner, business owner, or tenant shall permit or allow activities , which violate the requirements of this chapter, including the following general criteria:

1.

General screening standard. Every development shall provide sufficient screening to reasonably protect the privacy, safety, and environment of neighboring residential properties and shield them from adverse external effects of that development.

Walls up to twelve (12) feet in height shall be required for the purpose of attenuating noise, odor, air pollution, artificial light, mitigation for grade differential between properties, and providing privacy and safety.

2.

Access and screening of refuse collection. Every development will be required to provide suitable space on-site for solid waste separation, collection, storage, and pick up and shall site these in locations that facilitate access, collection, and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way.

3.

Lighting. Lighting within any lot that unnecessarily illuminates any other lot or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting shall be designed to minimize the glare and intensity of external illumination, and to respect the privacy of neighbors by avoiding direct and reflected illumination onto adjacent properties.

4.

Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area Air Quality Management District shall comply with applicable state standards concerning air pollution.

5.

Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, or facilities required by this chapter or any permit issued in accordance with its provisions

shall be required except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority.

6.

Odors. No use may generate any odor that reasonably may be found objectionable as determined by an appropriate agency such as the Santa Clara County health department and the Bay Area Air Quality Management District beyond the boundary occupied by the enterprise generating the odor. All mechanical, venting, and/or exhausting equipment that generates odors shall be located away from residential properties.

7.

Noise. No person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level, when measured on any other property, either incorporated or unincorporated, to exceed standards as set forth in Chapter 6.16 of the Los Altos Municipal Code. All mechanical, venting, and/or exhausting equipment that generates noise shall be located away from residential properties. Exterior heating, venting, and air-conditioning facilities shall be muffled.

In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height shall be required at a commercial or residential interface.

(Ord. 04-259 § 1 (part))

(Ord. No. 2017-436, § 1, 10-10-2017)

The minimum site area shall be twenty thousand (20,000) square feet. The minimum site frontage shall be seventy-five (75) feet.

(Ord. 04-259 § 1 (part))

No residential density shall be applicable within the Commercial Thoroughfare Zoning District.

(Ord. 04-259 § 1 (part))

(Ord. No. 2023-503, § 3(App. C), 11-28-2023)

The minimum front yard depth shall be ten (10) feet, with a minimum of fifty (50) percent of which shall be landscaped.

(Ord. 04-259 § 1 (part))

(Ord. No. 2023-503, § 3(App. C), 11-28-2023; Ord. No. 2025-531, § 1(App. A), 5-27-2025)

14.50.100 - Side yards (CT).

A.

The minimum interior side yard depth shall be five (5) feet, with a minimum of fifty (50) percent of which shall be landscaped.

B.

The minimum exterior side yard depth shall be ten (10) feet, with a minimum of fifty (50) percent of which shall be landscaped.

(Ord. 04-259 § 1 (part))

(Ord. No. 2017-436, § 1, 10-10-2017; Ord. No. 2023-503, § 3(App. C), 11-28-2023; Ord. No. 2025-531, § 1(App. A), 5-27-2025)

14.50.110 - Rear yard (CT).

The minimum rear yard depth shall be twenty (20) feet, with a minimum of fifty (50) percent of which shall be landscaped.

(Ord. 04-259 § 1 (part))

(Ord. No. 10-351, § 1, 5-25-2010; Ord. No. 2023-503, § 3(App. C), 11-28-2023; Ord. No. 2025-531, § 1(App. A), 5-27-2025)

14.50.120 - Off-street parking (CT).

As provided in Chapter 14.74 of this title.

(Ord. 04-259 § 1 (part))

14.50.130 - Off-street loading (CT).

As provided in Chapter 14.74 of this title.

(Ord. 04-259 § 1 (part))

14.50.140 - Height of structures (CT).

A.

Residential only development(s) building height shall be a maximum of fifty-five (55) feet and five stories.

B.

Mixed use development(s) building height shall be a maximum of sixty (60) feet and five stories.

C.

Non-residential use only development(s) building height shall be a maximum of forty-five (45) feet and four stories.

(Ord. 08-323 § 1: Ord. 04-259 § 1 (part))

(Ord. No. 10-351, § 2, 5-25-2010; Ord. No. 2023-503, § 3(App. C), 11-28-2023)

All multiple-family residential projects, including mixed-use projects with multiple-family dwelling units, except duplexes, shall provide permanently maintained outdoor open space, subject to the following requirements:

A.

Although not required for each dwelling unit, an average of fifty (50) square feet of private open space shall be provided for the total number of dwelling units within a project.

B.

Any private open space provided shall be at the same level and immediately accessible from the unit it serves. The provision of private open space shall not reduce the common open space requirements of this section.

C.

Depending on the number of dwelling units in a multiple-family project, common open space shall be provided to meet the following criteria:

1.

Two to ten (10) units: a minimum of eight hundred (800) square feet of common open space shall be provided.

2.

Eleven (11) to twenty-five (25) units: a minimum of one thousand six hundred (1,600) square feet of common open space shall be provided.

3.

Twenty-six (26) to fifty (50) units: a minimum of two thousand four hundred (2,400) square feet of common open space shall be provided.

4.

Fifty-one (51) or more units: a minimum of three thousand two hundred (3,200) square feet of common open space shall be provided.

D.

Common open space areas:

1.

Shall be designed to be easily accessible and shall be available for passive and active outdoor recreational purposes for the enjoyment of all residents of the project;

2.

Shall be provided as continuous, usable site elements of sufficient size to be usable by residents that may be within the rear yard setback;

3.

Shall not include driveways, public or private streets, or utility easements where the ground surface cannot be used appropriately for open space.

4.

Common open space areas shall be surfaced with any practical combination of landscaping, paving, decking, concrete, or other serviceable material with no more than fifty (50) percent of the area at grade level covered with a non-permeable surface.

E.

Required common open space shall be controlled and permanently maintained by the owner of the property or by a homeowners' association. Provisions for control and maintenance shall be included in any property covenants of common interest developments.

(Ord. No. 2017-436, § 1, 10-10-2017)

Editor's note— Ord. No. 2017-436 § 1, adopted October 10, 2017, enacted new provisions set out as §§ 14.50.150, 14.50.160, and 14.50.180, and subsequently renumbered former §§ 14.50.150 through 14.50.180 as 14.50.170 and 14.50.190 through 14.50.210. Historical notation to the former sections have been retained for reference purposes.

Rooftop activities or uses are permitted within the perimeter walls of a structure that meet all setback standards provided also that any such activities or uses are accessory to the principal use or uses of the development, and provided further, activities shall comply with the following performance standards:

A.

No use shall be established or activity conducted that violates the noise standards and limits identified in Chapter 6.16, Noise Control, of the Municipal Code.

B.

No activity shall be conducted which causes ground vibrations perceptible at the property line.

C.

No lighting or illuminated device shall be operated so as to create glare which creates a hazard or nuisance on other properties.

D.

No use or activity shall be conducted without first obtaining any required permit from the county air pollution control district. Uses shall be conducted to prevent dust or other airborne material from crossing property lines.

E.

Solid wastes shall be handled and stored so as to prevent nuisances, health and fire hazards, and to facilitate recycling. Suitable containers shall be provided to prevent blowing or scattering of trash and screened by an enclosure. Suitable concealed space and containers shall be provided at the roof top to encourage the appropriate sorting and collection of discarded materials.

F.

No use may generate any odor that reasonably may be found objectionable as determined by an appropriate agency such as the Santa Clara County Health Department and the Bay Area Air Quality Management District beyond the boundary occupied by the enterprise generating the odor. All mechanical, venting, and/or exhausting equipment that generates odors shall be located away from residential properties.

G.

The use of conventional energy sources for space heating and cooling, water heating, and illumination shall be minimized by means of proper design and orientation, including provision and protection of solar exposure.

H.

These performance standards are general requirements and shall not be construed to prevent the council, boards or commission with review authority or staff from imposing, as part of project approval, specific conditions which may be more restrictive, in order to meet the intent of these regulations.

(Ord. No. 2017-436, § 1, 10-10-2017)

Editor's note— See Editor's Note § 14.50.150.

A.

Building Placement. A minimum seventy-five (75) percent of ground-floor building frontages facing El Camino Real must be built at the minimum setback line. This standard applies to the building frontage only (exclusive of side setbacks).

B.

Building Massing and Articulation.

1.

Upper-story Step-backs.

a.

Front: Minimum ten (10) feet from ground floor façade for stories above forty-five (45) feet in height.

b.

Street Side: Minimum ten (10) feet from ground floor façade for stories above forty-five (45) feet in height.

2.

Vertical Articulation.

a.

When a building façade exceeds one hundred (100) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum three feet deep and ten (10) feet wide.

b.

A minimum one entrance shall be provided per one hundred fifty (150) linear feet along El Camino Real and per primary façade bay along all other rights-of-way.

c.

The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay.

==> picture [216 x 129] intentionally omitted <==

3.

Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.

a.

One or more of the following patterns shall be used to define the base:

i.

Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.

ii.

Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).

iii.

Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).

b.

The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other elements listed under Section 17.50.170.B.6. These elements shall be consistent with the overall architectural style of the building mass/bay.

==> picture [216 x 118] intentionally omitted <==

==> picture [216 x 141] intentionally omitted <==

Adjacencies.

a.

Façades Adjacent to an R-1 District.

i.

Building façade planes abutting an R-1 district may not exceed forty-eight (48) feet in width.

ii.

When a building façade abutting an R-1 district exceeds forty-eight (48) feet in width, it must be separated into façade bays no greater than forty-eight (48) feet by a recess ten (10) feet wide and fifteen (15) feet deep.

iii.

Balconies, roof decks and other habitable outdoor space are not allowed on upper-story façades abutting R-1 zones.

iv.

Sliding glass doors, French doors, and floor-to-ceiling windows are not allowed on upper-story façades abutting R-1 zones.

==> picture [216 x 173] intentionally omitted <==

b.

Storefront Façades Adjacent to Storefront Façades.

i.

The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.

ii.

The height of ground story shall not differ from height of any adjacent ground story by more than two feet.

iii.

Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.

==> picture [216 x 75] intentionally omitted <==

c.

Compatibility with Adjacent Shorter Buildings with Height Difference of One Story or More. When adjacent to an existing shorter building with a height difference of one story or more, a proposed building must utilize two or more of the following strategies:

i.

Incorporate the uppermost floor into the roof form.

ii.

Break the mass of the building into smaller modules through changes in wall plane, setbacks, and/or height.

iii.

Match window heights and/or proportions.

iv.

Relate roof cornices and moldings at floor lines.

5.

Privacy and Line of Sight.

a.

Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building.

b.

Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque.

c.

The maximum sill height for an ingress/egress window is forty-four (44) inches from finished floor.

==> picture [216 x 115] intentionally omitted <==

Roofline and Roof Design.

a.

Roof designs shall be limited to:

i.

Hipped.

ii.

Gable.

iii.

Shed.

iv.

Dormer.

v.

Parapet.

(a)

When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:

(1)

Steps.

(2)

Curves.

(3)

Angled surfaces.

(b)

The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.

==> picture [216 x 132] intentionally omitted <==

b.

When the top story is stepped back and embedded in a sloped roof form, the floor below must (and other floors may) be stepped back to meet the slope of the top story.

c.

Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.

d.

Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twentyfour (24) inches.

==> picture [216 x 90] intentionally omitted <==

C.

Building Design.

Façade Design.

a.

Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the

spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

b.

The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.

c.

Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.

d.

Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

2.

Ground Level Transparency. A minimum sixty (60) percent of commercial ground floor street-facing façades between two and seven feet in height shall be transparent window surface. Opaque, reflective, or dark tinted glass is not allowed.

==> picture [216 x 85] intentionally omitted <==

3.

Pedestrian-Scaled Entrances.

a.

Buildings more than seventy (70) feet in length along a right-of-way must incorporate at least one forecourt frontage on the right-of-way-facing façade. Required forecourts must also comply with the standards of Section 14.50.170.C.3.b.v. below.

b.

Each street-facing building façade must incorporate at one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

i.

Stoop.

ii.

Shopfront.

(a)

Shopfronts more than twenty-five (25) feet in width must incorporate variations in bulkhead, awnings, materials and/or color to visually articulate the shopfront into modules not to exceed twenty-five (25) continuous feet.

iii.

Gallery.

iv.

Arcade.

v.

Forecourt.

(a)

Forecourts must feature at least one entry to a shop and/or second floor use.

(b)

The size of the forecourt must be appropriate relative to the size of the building. The maximum ratio of building height to forecourt is 2:1 (height < 2 x width).

(c)

Forecourt must be minimum fifteen (15) feet in width.

(d)

Forecourt must be enclosed on at least three sides by buildings.

(e)

Forecourt must remain open to the sky (arbors and trellises are allowed).

==> picture [216 x 111] intentionally omitted <==

vi.

Terrace.

c.

Primary Entrance Location(s). Locate primary entrance on the front right-of-way.

d.

Individual Entries. Ground floor residential units facing a street must provide individual entries along the street frontage.

e.

Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.

f.

Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:

i.

Dedicated awning, canopy, or other roof element.

ii.

Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.

iii.

Dedicated light fixture(s).

iv.

Decorative street address numbers or tiles.

v.

Plaque signs for upper-floor business tenants.

g.

Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.

i.

Protection may be coterminous with an accent element.

ii.

Protection may take the form of an extended eave, overhang, awning, door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.

iii.

The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.

iv.

Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.

==> picture [216 x 151] intentionally omitted <==

h.

Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.

4.

Ground Floor Floor-to-Ceiling Height.

a.

Minimum twenty-four (24) inches taller than typical upper floor floor-to-ceiling height where ground floor is non-residential.

b.

Minimum twelve (12) inches taller than typical upper floor floor-to-ceiling where ground floor is residential.

==> picture [216 x 84] intentionally omitted <==

Interior Courtyard. Interior courtyards must be:

a.

Partially visible from the street and linked to the street by a clear accessible path of travel.

b.

Enclosed on at least two sides by buildings.

c.

Open to the sky (arbors and trellises are allowed).

d.

A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.

6.

Paseos. Paseos must be:

a.

A minimum width of ten (10) feet for through-block paseos.

b.

A minimum width of four feet for entries to courtyards or individual single businesses.

D.

Window Design. Vinyl windows are prohibited on façades visible from a right-of-way.

E.

Building Materials.

1.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed).

b.

Siding (lap, vertical, panelized, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone.

d.

Brick.

e.

Concrete (board-form only).

2.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, panelized, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (building base only).

d.

Brick (building base only).

e.

Tile.

f.

Metal (matte finish or Cor-ten).

i.

Ribbed metal, titanium, and mirrored finishes are not permitted.

g.

Concrete Masonry Units (watertable and building base only, and not allowed on any façade facing a rightof-way or a single-family zone).

h.

Concrete (building base only, board-form only, cast concrete not permitted).

3.

On attached elements, such as bay windows, orioles, and balconies.

F.

Ground Level Open Space. Where any required front, rear, or side yard setback is ten (10) feet or greater, on-site ground-level open space shall be provided within the setback.

1.

The ground level open space shall be usable and accessible.

2.

The minimum dimension for ground level open space shall be eight feet.

==> picture [216 x 150] intentionally omitted <==

G.

Landscaping and Paving.

1.

Landscaping must be placed on each side of a driveway at grade or in raised planters.

2.

Landscape elements shall be integrated with the building architecture, parking, and streetscape. Recommended patterns shall include, but are not limited to:

a.

Planters for flowers and shrubs within street frontage.

b.

Landscape buffers between parking spaces and building façades.

c.

Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks.

3.

See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.

==> picture [216 x 138] intentionally omitted <==

H.

Parking Design and Access.

1.

Where structured parking is provided, the parking area must be either:

a.

"Lined" with ground-floor non-residential uses at least thirty (30) feet deep as measured from the front façade; or

==> picture [216 x 164] intentionally omitted <==

b.

Designed such that the floor elevation is a minimum four vertical feet below the elevation of the adjacent sidewalk.

==> picture [216 x 112] intentionally omitted <==

Visible structured parking must be screened from view from the right-of-way by at least one of the following features:

a.

Regular punched openings designed to resemble windows of habitable spaces.

b.

Trellis/living wall.

c.

Custom textured or decorative screening.

Entrances to Parking Facilities.

a.

A maximum of two curb cuts for one-way traffic and one curb cut for two-way traffic may be permitted per street frontage per lot.

b.

Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum ten (10) feet from the back of sidewalk.

c.

Entrances to parking facilities along a street frontage shall be separated by a minimum of sixty (60) feet.

d.

Where possible, curb cuts serving adjacent parking facilities shall be shared.

I.

Site Circulation and Access.

1.

New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.

2.

Bicycle racks shall be provided:

a.

In or within fifty (50) feet of every parking area; and

b.

Within twenty (20) feet of at least one building entrance.

J.

Service Areas and Screening.

1.

Service areas must be located at the rear of lot.

2.

Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.

K.

Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all residential mixed-use development in the CT District.

(Ord. 04-259 § 1 (part))

(Ord. No. 2017-436, § 1, 10-10-2017; Ord. No. 2021-478, § 1, 9-14-2021)

Editor's note— See Editor's Note § 14.50.150.

14.50.180 - Off-street loading for residential (CT).

In order to accommodate the delivery or shipping of goods at a multiple-family residential project, on-site loading/unloading space shall be provided:

A.

There shall be at least one loading/unloading space provided, which shall have minimum dimensions of at least ten (10) feet by twenty-five (25) feet, with fourteen (14) feet of vertical clearance;

B.

Loading and unloading spaces shall be located and designed so that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way without interfering with the orderly movement of traffic and pedestrians on any public way and complete the loading and unloading operations without obstructing or interfering with any parking space or parking lot aisle;

C.

No area allocated to loading and unloading facilities may be used to satisfy the area requirements for offstreet parking, nor shall any portion of any of off-street parking area be used to satisfy the area requirements for loading and unloading facilities;

D.

A loading/unloading space may be located in the front yard setback, but shall comply with other required setbacks;

F.

All loading spaces shall be designed and maintained so that vehicles do not back in from, or onto, a public street;

G.

Loading spaces shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times; and

H.

Adequate signage shall be provided that directs delivery vehicles to the loading space.

(Ord. No. 2017-436, § 1, 10-10-2017)

Editor's note— See Editor's Note § 14.50.150.

14.50.190 - Signs (CT).

As provided in Chapter 14.68 of this code.

(Ord. 04-259 § 1 (part); Ord. No. 2015-414, § 12, 9-8-2015; Ord. No. 2017-436, § 1, 10-10-2017) Editor's note— See Editor's Note § 14.50.150.

14.50.200 - Fences (CT).

As provided in Chapter 14.72 of this title.

(Ord. 04-259 § 1 (part))

(Ord. No. 2017-436, § 1, 10-10-2017)

Editor's note— See Editor's Note § 14.50.150.

14.50.210 - Nonconforming use regulations (CT).

As provided in Chapter 14.66 of this title.

(Ord. 04-259 § 1 (part))

(Ord. No. 2017-436, § 1, 10-10-2017)

Editor's note— See Editor's Note § 14.50.150.

14.50.220 - Existing single-family dwellings (CT).

All existing single-family dwellings in the Commercial Thoroughfare (CT) District shall be subject to the adopted Single-Family Residential Design Guidelines.

(Ord. No. 2025-531, § 1(App. A), 5-27-2025)

Chapter 14.52 - CD/R3 COMMERCIAL DOWNTOWN/MULTIPLE FAMILY DISTRICT[[10]]

Sections:

Footnotes:

--- ( 10 ) ---

Editor's note— Prior to the reenactment of ch. 14.52 by Ord. No. 10-346, Ord. No. 09-336, § 3, adopted April 28, 2009, repealed ch. 14.52, §§ 14.52.010—14.52.050, which pertained to the AH/MU affordable housing/mixed use overlay district and derived from §§ 10-20501—10-20505 of the prior code.

The regulations, general provisions, and exceptions set forth in Chapter 14.66 of this title shall apply in the CD/R3 District.

(Ord. No. 10-346, § 2, 3-9-2010)

14.52.020 - Specific purposes (CD/R3).

Specific purposes for CD/R3 Districts are as follows:

A.

Promote the implementation of the downtown urban design plan;

B.

Retain and enhance the downtown Los Altos village atmosphere;

C.

Allow latitude for creative design and architectural variety within limits established;

D.

Preserve and improve the character of the area immediately surrounding the existing downtown pedestrian district;

E.

Provide pedestrian amenities such as paseos, outdoor public spaces and outdoor seating;

F.

Establish a sense of entry into the downtown;

G.

Encourage historic preservation for those buildings listed on the city's historic resources inventory;

H.

Encourage the upgrading of building exteriors, signs, passageways and rear entries;

I.

Provide for a full range of retail, office, and service uses appropriate to downtown;

J.

Develop a landscaped strip along the back of properties that abut Foothill Expressway between Edith Avenue and San Antonio Road;

K.

Improve the visual appeal and pedestrian orientation of the downtown; and

L.

Encourage the use of solar, photovoltaic, and other energy conserving devices.

(Ord. No. 10-346, § 2, 3-9-2010)

14.52.030 - Permitted uses (CD/R3).

The following uses shall be permitted in the CD/R3 District:

A.

Business, professional, and trade schools;

B.

Residential only development(s);

C.

Mixed use development(s);

D.

Office-administrative services, excluding drive-through facilities;

E.

Parking spaces and loading areas;

F.

Restaurants, excluding drive-through facilities;

G.

Retail and personal services; and

H.

Uses which are determined by the zoning administrator to be of the same general character.

(Ord. No. 10-346, § 2, 3-9-2010; Ord. No. 2015-406, § 2, 2-10-2015; Ord. No. 2023-501, § 9(App. I), 10-102023)

14.52.040 - Conditional uses (CD/R3).

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the CD/R3 District:

A.

Animal clinics and hospitals;

B.

Cocktail lounges;

C.

Commercial recreation;

D.

Day care centers;

E.

Medical and dental clinics;

F.

Medical and dental offices that are five thousand (5,000) gross square feet or more; and

G.

Uses which are determined by the planning commission and the city council to be of the same general character.

(Ord. No. 10-346, § 2, 3-9-2010; Ord. No. 2015-406, §§ 3, 4, 2-10-2015; Ord. No. 2023-501, § 9(App. I), 1010-2023)

The following conditions shall be required of all uses in the CD/R3 District:

A.

All businesses, services, and processes shall be conducted within a completely enclosed structure, except for parking and loading spaces, sale of gasoline and oil at service stations, incidental sales and display of plant materials and garden supplies occupying no more than one thousand five hundred (1,500) square feet of exterior sales and display area, and outdoor eating and community facility play areas operated incidental to those services.

B.

No use shall be permitted and no process, equipment, or materials shall be employed which are found by the planning commission to be objectionable by reason of odor, dust, smoke, noise, vibration, illumination,

glare, unsightliness, or electrical disturbances which are manifested beyond the premises in which the permitted use is located.

C.

No property owner, business owner and/or tenant shall permit or allow operation of a business which violates the required conditions of this chapter, including the following general criteria:

1.

Refuse collection. Every development, including applications for tenant improvements, shall be required to provide suitable space for solid waste separation, collection, and storage and shall provide sites for such that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way. Refuse collection areas are encouraged to be shared, centralized, facilities whenever possible.

2.

Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if: (1) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities, or (ii) if the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.

3.

Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area air quality management district shall comply with applicable state standards concerning air pollution.

4.

Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, facilities, and public sidewalks adjacent to the subject property shall be required. In the case of public sidewalks, maintenance shall be limited to keeping the sidewalk clean and free of debris, markings, and food and drink stains by means of sweeping, cleaning with water and/or steam cleaning.

5.

Odors. No use may generate any odor that may be found reasonably objectionable as determined by an appropriate agency such as the Santa Clara County health department and the Bay Area air quality management district beyond the boundary occupied by the enterprise generating the odor.

6.

Noise. No person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property either incorporated or unincorporated, to exceed standards as set forth in Chapter 6.16 of the Los Altos Municipal Code.

In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height may be required at a commercial/residential interface. Other conditions may be applied such as, but not limited to, muffling of exterior air conditioning facilities.

D.

For affordable housing requirements, see Chapter 14.28 of this title.

(Ord. No. 10-346, § 2, 3-9-2010)

14.52.060 - Required building setbacks (CD/R3).

For entirely residential projects:

A.

The minimum depth of the front yard shall be ten (10) feet, all of which shall be landscaped. For purposes of this section, "landscaped" shall mean any combination of plant material (soft surfaces) and decorative paving, seating, seat-walls, fountains, etc., (hard surfaces) where the soft surface comprises at least sixty (60) percent of the total landscaped area. Stair cases and building entry landings may be located in the required front yard.

B.

No side yards shall be required, except when the side property line of a site abuts a public street or a public parking plaza, in which case the minimum width of the side yard shall be two feet and shall be landscaped.

C.

The minimum depth of the rear yard shall be ten (10) feet, all of which shall be landscaped. For purposes of this section, "landscaped" shall mean any combination of plant material (soft surfaces) and decorative paving, seating, seat-walls, fountains, etc., (hard surfaces) where the soft surface comprises at least sixty (60) percent of the total landscaped area. Stair cases and building entry landings may be located in the required rear yard.

For mixed-use and commercial projects:

A.

The minimum depth of front yards shall be two feet and shall be landscaped.

B.

No side yards shall be required, except when the side property line of a site abuts a public street or a public parking plaza, in which case the minimum width of the side yard shall be two feet and shall be landscaped.

C.

Where the rear property line of a site abuts a public parking plaza, public street, or alley, the minimum depth of the rear yard shall be two feet and shall be landscaped.

(Ord. No. 10-346, § 2, 3-9-2010)

Parking facilities shall be provided in accordance with Chapter 14.74 of this title. In addition, parking facilities shall:

A.

Reduce the visual impact of parking structures and parking lots by locating them at the rear or interior portions of building sites;

B.

Minimize the street frontage of the lot or structure by placing its shortest horizontal edge along the street;

C.

When parking structures must be located at street frontage because other locations are proven infeasible, the ground level frontage shall either be used for commercial space or shall provide a landscaped area not less than five feet in width between the parking area and the public right-of-way;

D.

Keep the number of direct entrances to parking facilities from streets to a minimum;

E.

Provide a landscaped buffer not less than five feet in width between a parking lot or structure and street frontage or buildings. Where the landscaped strip adjoins a public street or pedestrian walkway, the landscaped strip may be required to include a fence, wall, berm, or equivalent feature;

F.

Provide a minimum of interior landscaping for unenclosed parking facilities as follows: where the total parking provided is located on one site and is fourteen thousand nine hundred ninety-nine (14,999) square feet or less, five percent of total parking area; where the parking is fifteen thousand (15,000) through twenty-nine thousand nine hundred ninety-nine (29,999) square feet, seven and one-half percent of total parking area; and where the facility is thirty thousand (30,000) square feet or greater, ten (10) percent of total parking area.

G.

Trees in reasonable number shall be provided; ground cover alone is not acceptable. Interior landscaping shall be distributed throughout the paved area as evenly as possible. Provision shall be made for automatically irrigating all planted area. All landscaping shall be protected with concrete curbs or other acceptable barriers. All landscaping shall be continuously maintained.

(Ord. No. 10-346, § 2, 3-9-2010)

14.52.080 - Common parking facilities (CD/R3).

(As provided in Chapter 14.74 of this title.)

(Ord. No. 10-346, § 2, 3-9-2010)

14.52.090 - Off-street loading and refuse collection (CD/R3).

A.

Where buildings are served by alleys, all service-delivery entrances, loading docks, and refuse collection facilities shall be located to be accessed from the alley. No loading area shall be located at the street frontage or building façade.

B.

A minimum of thirty-two (32) square feet of covered refuse collection area shall be provided and shall not be located in any front or street side yard. Where an alley exists, the refuse collection area shall be accessed from the alley. Refuse collection areas shall be on site, but are encouraged to be shared, centralized, facilities whenever possible.

C.

On sites not served by an alley, service areas shall be located to the rear, side, or at an internal location where visibility from public streets, public parking plazas and neighboring properties will be minimized.

D.

Refuse collection areas shall be enclosed by a screen wall of durable material and planting as necessary to screen views from streets, public parking plazas and neighboring properties.

(Ord. No. 10-346, § 2, 3-9-2010)

A.

Residential only development(s) building height shall be a maximum of forty (40) feet and four stories.

B.

Mixed use development(s) building height shall be a maximum of forty-five (45) feet and four stories.

C.

Non-Residential use only development(s) building height shall be a maximum of thirty (30) feet and three stories.

(Ord. No. 10-346, § 2, 3-9-2010; Ord. No. 2016-428, § 1, 11-8-2016; Ord. No. 2023-501, § 9(App. I), 10-102023)

14.52.110 - Design control (CD/R3).

A.

Building Massing and Articulation.

Upper-story Step-backs.

a.

Front: Minimum ten (10) feet from ground floor façade for stories above thirty (30) feet in height (commercial or mixed use) or thirty-five (35) feet (residential only) as shown in the diagram.

b.

Street Side: Minimum ten (10) feet from ground floor façade for stories above thirty (30) feet in height (commercial or mixed use) or thirty-five (35) feet (residential only) as shown in the diagram.

c.

For buildings over three stories, the uppermost story must be embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, as allowed by standards in Section 14.52.110.A.6.

==> picture [216 x 96] intentionally omitted <==

Vertical Articulation.

a.

When a building façade exceeds seventy-five (75) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum three feet deep and ten (10) feet wide.

b.

The building shall include at least one ground-floor entrance every twenty-five (25) feet.

c.

The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay.

==> picture [216 x 129] intentionally omitted <==

3.

Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.

a.

One or more of the following patterns shall be used to define the base:

i.

Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.

ii.

Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).

iii.

Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).

b.

The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other elements listed under Section 17.52.110.A.6. These elements shall be consistent with the overall architectural style of the building mass/bay.

==> picture [216 x 117] intentionally omitted <==

==> picture [216 x 152] intentionally omitted <==

Adjacencies.

a.

Storefront Façades Adjacent to Storefront Façades.

i.

The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.

ii.

The height of ground story shall not differ from height of any adjacent ground story by more than two feet.

iii.

Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.

==> picture [216 x 69] intentionally omitted <==

b.

Compatibility with Adjacent Shorter Buildings with Height Difference of One Story or More. When adjacent to an existing shorter building with a height difference of one story or more, a proposed building must

utilize two or more of the following strategies:

i.

Incorporate the uppermost floor into the roof form.

ii.

Break the mass of the building into smaller modules through changes in wall plane, setbacks, and/or height.

iii.

Match window heights and/or proportions.

iv.

Relate roof cornices and moldings at floor lines.

5.

Privacy and Line of Sight.

a.

Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building.

b.

Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque.

c.

The maximum sill height for an ingress/egress window is forty-four (44) inches from finished floor.

==> picture [216 x 107] intentionally omitted <==

6.

Roofline and Roof Design.

a.

Roof designs shall be limited to:

i.

Hipped.

ii.

Gable.

iii.

Mansard.

(a)

Applicable for buildings three or more stories.

iv.

Dormer.

v.

Parapet.

(a)

Allowed only along First Street frontages.

(b)

When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:

(1)

Steps.

(2)

Curves.

(3)

Angled surfaces.

(c)

The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.

b.

When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.

==> picture [216 x 141] intentionally omitted <==

c.

Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.

d.

Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twentyfour (24) inches.

==> picture [216 x 89] intentionally omitted <==

B.

Building Design.

Façade Design.

a.

Building façades must continue the pattern established by existing buildings in Downtown Los Altos by reinforcing the underlying maximum fifty (50) foot module along all street frontages through the use of the following techniques:

i.

Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the

spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

ii.

The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.

iii.

Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.

iv.

Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

b.

At least two of the following strategies must be used in a manner that reinforces the maximum fifty (50) foot module:

i.

Change in roof parapet height or shape.

ii.

Change in roof style

iii.

Change in materials palette

iv.

Change in building height, minimum eight-foot difference.

v.

Change in frontage type or change in details of shopfront frontage type if used.

vi.

Use of upper floor projections such as bay windows or balconies.

2.

Pedestrian-Scaled Entrances.

a.

Buildings more than seventy-five (75) feet in frontage length along a right-of-way and First Street must incorporate at least one forecourt with a minimum depth of twenty (20) feet from front façade. Required forecourts must also comply with the standards of Section 14.52.110.B.2.b.vi. below.

b.

Building entrances must incorporate at least one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

i.

Stoop.

ii.

Dooryard.

iii.

Shopfront.

(a)

The maximum width of single shopfront shall be twenty-five (25) feet.

iv.

Gallery.

v.

Arcade.

vi.

Forecourt

(a)

Forecourts must feature at least one entry to a shop and/or second floor use.

(b)

Forecourts for buildings more than seventy (70) feet in length along a right-of-way must have a minimum width and depth of fifteen (15) feet from front façade. Width of forecourt shall be equal to or greater than depth.

(c)

The size of the forecourt must be appropriate relative to the size of the building. The maximum ratio of building height to forecourt is 2:1 (height < 2 x width).

(d)

Forecourt must be enclosed on at least three sides by buildings.

(e)

Forecourt must remain open to the sky (arbors and trellises are allowed).

==> picture [216 x 111] intentionally omitted <==

vii.

Terrace.

c.

Primary Entrance Location(s). Locate primary entrance on the front right-of-way and/or in the interior courtyard.

d.

Individual Entries. Ground floor residential units facing a street must provide individual entries along the street frontage.

e.

Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.

f.

Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:

i.

Dedicated awning, canopy, or other roof element.

ii.

Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.

iii.

Dedicated light fixture(s).

iv.

Decorative street address numbers or tiles.

v.

Plaque signs for upper-floor business tenants.

g.

Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.

i.

Protection may be coterminous with an accent element.

ii.

Protection may take the form of an extended eave, overhang, awning, door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.

iii.

The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.

iv.

Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.

==> picture [216 x 161] intentionally omitted <==

h.

Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.

Ground Floor Floor-to-Ceiling Height.

a.

Minimum twenty-four (24) inches taller than typical upper floor floor-to-ceiling height where ground floor is non-residential.

b.

Minimum twelve (12) inches taller than typical upper floor floor-to-ceiling where ground floor is residential.

==> picture [216 x 84] intentionally omitted <==

4.

Interior Courtyard. Interior courtyards must be:

a.

Partially visible from the street and linked to the street by a clear accessible path of travel.

b.

Enclosed on at least two sides by buildings.

c.

Open to the sky (arbors and trellises are allowed).

d.

A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.

5.

Paseos. Paseos must be:

a.

A minimum width of ten (10) feet for through-block paseos.

b.

A minimum width of four feet for entries to courtyards or individual single businesses.

C.

Window Design.

1.

Window frames, backbands, and sills.

a.

All windows shall have a sill.

i.

The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.

ii.

The sill shall be sloped toward the outside.

iii.

The sill shall have a drip at its outer edge.

2.

Vinyl windows are prohibited on façades visible from a right-of-way.

D.

Building Materials.

1.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed).

b.

Siding (lap, vertical, panelized, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone.

d.

Brick.

2.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, panelized, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (building base only).

d.

Brick (building base only).

e.

Tile.

f.

Metal (matte finish or Cor-ten).

i.

Ribbed metal, titanium, and mirrored finishes are not permitted.

g.

Concrete masonry units (watertable and building base only, and not allowed on any façade facing a rightof-way or a single-family zone).

h.

Concrete (building base only, board-form only, cast concrete not permitted).

E.

Downtown Gateways. Downtown gateways are located at the intersection of Foothill Expressway and Edith Avenue and the intersection of Foothill Expressway and San Antonio Road.

1.

Building design at gateway intersection shall include:

a.

Façade lighting; and

b.

Overhangs or sloped roof forms.

2.

Ground-floor design at gateway intersections must address both street frontages through:

a.

Entrances that are visible and directly accessible from both streets;

b.

Building transparency beyond the required minimum for the first fifteen (15) feet of building frontage from the corner;

c.

Landscaped area with a minimum dimension of six feet; and

d.

A usable public space with pedestrian-scaled features.

F.

Landscaping and Paving.

Landscaping must be placed on each side of a driveway at grade or in raised planters.

2.

All paving located adjacent to a sidewalk must be textured (decorative or permeable).

3.

A minimum seventy-five (75) percent of on-site paving material must be pervious or permeable.

4.

Landscape elements shall be integrated with the building architecture, parking, and streetscape. Recommended patterns shall include, but are not limited to:

a.

Planters for flowers and shrubs within street frontage.

b.

Landscape buffers between parking spaces and building façades.

c.

Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks.

5.

See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.

==> picture [216 x 138] intentionally omitted <==

G.

Ground Level Open Space. The required front setback area for residential-only development must be improved with a usable open space a minimum of seven feet in depth for a minimum fifty (50) percent of the building frontage.

==> picture [216 x 136] intentionally omitted <==

H.

Parking Design and Access.

1.

Where structured parking is provided, the parking area must be either:

a.

"Lined" with ground floor non-residential uses at least thirty (30) feet deep as measured from the front façade; or

==> picture [192 x 128] intentionally omitted <==

b.

Designed such that the floor elevation is a minimum four vertical feet below the elevation of the adjacent sidewalk.

==> picture [216 x 127] intentionally omitted <==

Visible structured parking must be screened from view from the right-of-way by at least one of the following features:

a.

Regular punched openings designed to resemble windows of habitable spaces.

b.

Trellis/living wall.

c.

Custom textured or decorative screening.

3.

Entrances to Parking Facilities.

a.

A maximum of two curb cuts for one-way traffic and one curb cut for two-way traffic may be permitted per street frontage per lot.

b.

Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum ten (10) feet from the back of sidewalk.

c.

Entrances to parking facilities along a street frontage shall be separated by a minimum of thirty (30) feet.

d.

Where possible, curb cuts serving adjacent parking facilities shall be shared.

==> picture [216 x 130] intentionally omitted <==

I.

Site Circulation and Access.

A clearly defined, lighted and landscaped pedestrian route shall be provided between all parking areas and primary pedestrian entrance.

2.

New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.

3.

Bicycle racks shall be provided:

a.

In or within fifty (50) feet of every parking area; and

b.

Within twenty (20) feet of at least one building entrance.

J.

Service Areas and Screening.

1.

Service areas must be located at the rear of lot or along a parking plaza.

2.

Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.

K.

Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all residential mixed-use development in the CD/R3 District.

(Ord. No. 10-346, § 2, 3-9-2010; Ord. No. 2021-478, § 1, 9-14-2021)

14.52.120 - Nonconforming use regulations (CD/R3).

(As provided in Chapter 14.66 of this title.)

(Ord. No. 10-346, § 2, 3-9-2010)

14.52.130 - Signs (CD/R3).

(As provided in Chapter 14.68 of this code.)

(Ord. No. 10-346, § 2, 3-9-2010; Ord. No. 2015-414, § 12, 9-8-2015)

(As provided in Chapter 14.72 of this title.

(Ord. No. 10-346, § 2, 3-9-2010)

14.52.150 - Restoration of nonconforming structures (CD/R3).

(As provided in Chapter 14.66 of this title.)

(Ord. No. 10-346, § 2, 3-9-2010)

14.52.160 - Exceptions for public benefit (CD/R3).

A.

To implement the downtown urban design plan, exceptions from the provisions of this chapter may be granted provided the following findings are made:

1.

The granting of the exception will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the area;

2.

The benefit to the city derived from granting the exception is an appropriate mitigation when considered against the cost to the developer;

3.

The project and mitigation will result in a public benefit to the downtown;

4.

The resultant project and mitigation are consistent with the general plan and promote or accomplish objectives of the downtown urban design plan.

B.

For the purposes of this chapter, exceptions may include, but are not limited to, setbacks, on-site parking, and development or building standards.

(Ord. No. 10-346, § 2, 3-9-2010)

Chapter 14.54 - CRS/OAD COMMERCIAL RETAIL SALES/OFFICE-ADMINISTRATIVE DISTRICT[[11]]

Sections:

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. 10-346, § 4, adopted March 9, 2010, changed the title of ch. 14.54 from "CRS/OAD Commercial Office District" to "CRS/OAD Commercial Retail Sales/Office-Administrative District." Prior code history: prior code §§ 10-2.2101—10-2.2106.

The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 of this title shall apply in the CRS/OAD District.

(Ord. 08-331 § 2 (part))

Specific purposes for CRS/OAD Districts are as follows:

A.

Provide for a full range of retail, office, and service uses appropriate to downtown;

B.

Promote the implementation of the downtown urban design plan;

C.

Encourage pedestrian-scale design and minimize blank walls and other dead spaces at the ground level;

D.

Create continuous building frontage without major interruption by disallowing driveways and parking lots on shopping street frontages;

E.

Allow latitude for creative design and architectural variety within limits established;

F.

Provide pedestrian amenities such as paseos, outdoor public spaces and outdoor seating;

G.

Establish a sense of entry into the downtown;

H.

Encourage the upgrading of building exteriors, signs, passageways, and rear entries; and

I.

Encourage the use of solar, photovoltaic, and other energy conserving devices.

(Ord. 08-331 § 2 (part))

The following uses shall be permitted in the CRS/OAD District:

A.

Business, professional, and trade schools located above the ground floor;

B.

Office-administrative services;

C.

Parking spaces and loading areas incidental to a permitted use;

D.

Personal services;

E.

Private clubs, lodges, or fraternal organizations located above the ground floor;

F.

Restaurants, excluding drive-through services;

G.

Retail;

H.

Medical and dental offices that are less than five thousand (5,000) gross square feet;

I.

Residential only development(s);

J.

Mixed use development(s); and

K.

Uses which are determined by the zoning administrator to be of the same general character.

(Ord. 08-331 § 2 (part))

(Ord. No. 2015-406, § 2, 2-10-2015; Ord. No. 2023-501, § 10(App. J), 10-10-2023)

Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the CRS/OAD District:

A.

Any new building that has an area greater than seven thousand (7,000) gross square feet, and any addition to an existing building which would result in the total building area exceeding seven thousand (7,000) gross square feet, including additions to buildings which presently exceed seven thousand (7,000) gross square feet in area;

B.

Cocktail lounges;

C.

Commercial recreation;

D.

Hotels;

E.

Medical and dental offices; and

F.

Uses which are determined by the planning commission to be of the same general character.

(Ord. 08-331 § 2 (part))

(Ord. No. 2015-406, §§ 3, 4, 2-10-2015; Ord. No. 2023-501, § 10(App. J), 10-10-2023)

14.54.050 - Required conditions (CRS/OAD).

The following conditions shall be required of all uses in the CRS/OAD District:

A.

All businesses, services, and processes shall be conducted within a completely enclosed structure, except for parking and loading spaces, incidental sales and display of plant materials and garden supplies occupying no more than one thousand five hundred (1,500) square feet of exterior sales and display area, outdoor eating areas operated incidental to permitted eating and drinking services, and as otherwise allowed upon the issuance of an outdoor display permit. Exterior storage is prohibited.

B.

No use shall be permitted and no process, equipment, or materials shall be employed which are found to be objectionable by reason of odor, dust, noise, vibration, illumination, glare, unsightliness or electrical disturbances which are manifested beyond the premises in which the permitted use is located.

C.

No property owner, business owner and/or tenant shall permit or allow operation of a business which violates the required conditions of this chapter, including the following general criteria:

1.

Refuse collection. Every development, including applications for tenant improvements, shall provide suitable space for solid waste separation, collection, and storage and shall provide sites for such that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way. Refuse collection areas are encouraged to be shared, centralized, facilities whenever possible.

2.

Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if (i) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities, or (ii) if the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.

3.

Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area air quality management district shall comply with applicable state standards concerning air pollution.

4.

Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, facilities, and public sidewalks adjacent to the subject property shall be required. In the case of public sidewalks, maintenance shall be limited to keeping the sidewalk clean and free of debris, markings, and food and drink stains by means of sweeping, cleaning with water and/or steam cleaning.

5.

Odors. No use may generate any odor that may be found reasonably objectionable as determined by an appropriate agency such as the Santa Clara County health department and the Bay Area air quality management district beyond the boundary occupied by the enterprise generating the odor.

6.

Noise. No person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property either incorporated or

unincorporated, to exceed standards as set forth in Chapter 6.16 of the Los Altos Municipal Code. In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height may be required at a commercial/residential interface. Other conditions may be applied such as, but not limited to, muffling of exterior air conditioning facilities.

(Ord. 08-331 § 2 (part))

With the exception of landscaping, all development in the CRS/OAD District must be built to the back of the sidewalk.

(Ord. 08-331 § 2 (part))

No side yards shall be required, and none shall be allowed, except where the side property line of a site abuts a public parking plaza, the minimum width of the side yard shall be two feet which shall be landscaped. A required side yard may be used for parking except for the area required to be landscaped.

(Ord. 08-331 § 2 (part))

No rear yard shall be required except as follows:

A.

Where the rear property line of a site abuts a public parking plaza, the minimum depth of the rear yard shall be two feet, which shall be landscaped.

B.

Where the rear property line of a site abuts an existing alley, the minimum depth of the rear yard shall be ten (10) feet, of which the rear two feet shall be landscaped. A required rear yard may be used for parking, except for the area required to be landscaped.

(Ord. 08-331 § 2 (part))

Parking facilities shall be provided in accordance with Chapter 14.74 of this title. In addition, parking facilities shall:

A.

Reduce the visual impact of parking structures and parking lots by locating them at the rear or interior portions of building sites;

B.

Minimize the street frontage of the lot or structure by placing its shortest horizontal edge along the street;

C.

When parking structures must be located at street frontage because other locations are proven infeasible, the ground level frontage shall either be used for commercial space or shall provide a landscaped area not less than five feet in width between the parking area and the public right-of-way;

D.

Not be accessed from state or Main Streets unless no other access is feasible, in which case the number of direct entrances to parking facilities from streets shall be kept to a minimum;

E.

Provide a landscaped buffer not less than five feet in width between a parking lot or structure and street frontage or buildings. Where the landscaped strip adjoins a public street or pedestrian walkway, the landscaped strip may be required to include a fence, wall, berm, or equivalent feature;

F.

Provide a minimum of interior landscaping for unenclosed parking facilities as follows: where the total parking provided is located on one site and is fourteen thousand nine hundred ninety-nine (14,999) square feet or less, five percent of total parking area; where the parking is fifteen thousand (15,000) through twenty-nine thousand nine hundred ninety-nine (29,999) square feet, seven and one-half percent of total parking area; and where the facility is thirty thousand (30,000) square feet or greater, ten (10) percent of total parking area;

G.

Trees in reasonable number shall be provided; ground cover alone is not acceptable. Interior landscaping shall be distributed throughout the paved area as evenly as possible. Provision shall be made for automatically irrigating all planted area. All landscaping shall be protected with concrete curbs or other acceptable barriers. All landscaping shall be continuously maintained.

(Ord. 08-331 § 2 (part))

14.54.100 - Common parking facilities (CRS/OAD).

(As provided in Chapter 14.74 of this title.)

(Ord. 08-331 § 2 (part))

A.

Where buildings are served by alleys, all service-delivery entrances, loading docks, and refuse collection facilities shall be located to be accessed from the alley. No loading area shall be located at the street frontage or building façade.

B.

A minimum of thirty-two (32) square feet of covered refuse collection area shall be provided and shall not be located in any front or street side yard. Where an alley exists, the refuse collection area shall be accessed from the alley. Refuse collection areas shall be on site, but are encouraged to be shared, centralized, facilities whenever possible.

C.

On sites not served by an alley, service areas shall be located to the rear, side, or at an internal location where visibility from public streets, public parking plazas and neighboring properties will be minimized.

D.

Refuse collection areas shall be enclosed by a screen wall of durable material and planting as necessary to screen views from streets, public parking plazas and neighboring properties.

(Ord. 08-331 § 2 (part))

A.

Residential only development(s) building height shall be a maximum of forty (40) feet and four stories.

B.

Mixed use development(s) building height shall be a maximum of forty-five (45) feet and four stories.

C.

Non-Residential use only development(s) building height shall be a maximum of thirty (30) feet and three stories.

(Ord. 08-331 § 2 (part))

(Ord. No. 10-349, § 6, 4-27-2010; Ord. No. 2023-501, § 10(App. J), 10-10-2023)

14.54.130 - Design control (CRS/OAD).

A.

Building Massing and Articulation.

1.

Upper-story Step-backs, Front and Street Side.

a.

The third story must be either stepped back a minimum five feet from the ground floor façade or embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, as allowed by standards in Section 14.54.130.A.6.

b.

For buildings over three stories, the uppermost story must be embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, as allowed by standards in Section 14.54.130.A.6.

==> picture [216 x 108] intentionally omitted <==

2.

Vertical Articulation.

a.

When a building façade exceeds fifty (50) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum three feet deep and ten (10) feet wide.

b.

A minimum one entrance shall be provided per primary façade bay.

c.

The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay.

==> picture [216 x 108] intentionally omitted <==

Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.

a.

One or more of the following patterns shall be used to define the base:

i.

Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.

ii.

Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).

iii.

Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).

b.

The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other elements listed under Section 17.54.130.A.6. These elements shall be consistent with the overall architectural style of the building mass/bay.

==> picture [216 x 117] intentionally omitted <==

==> picture [216 x 152] intentionally omitted <==

Adjacencies.

a.

Storefront Façades Adjacent to Storefront Façades.

i.

The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.

ii.

The height of ground story shall not differ from height of any adjacent ground story by more than two feet.

iii.

Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.

==> picture [216 x 68] intentionally omitted <==

b.

Compatibility with Adjacent Shorter Buildings with Height Difference of One Story or More. When adjacent to an existing shorter building with a height difference of one story or more, a proposed building must utilize two or more of the following strategies:

i.

Incorporate the uppermost floor into the roof form.

ii.

Break the mass of the building into smaller modules through changes in wall plane, setbacks, and/or height.

iii.

Match window heights and/or proportions.

iv.

Relate roof cornices and moldings at floor lines.

5.

Privacy and Line of Sight.

a.

Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building.

b.

Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque.

c.

The maximum sill height for an ingress/egress window is forty-four (44) inches from finished floor.

==> picture [216 x 106] intentionally omitted <==

6.

Roofline and Roof Design.

a.

Roof designs shall be limited to:

i.

Hipped.

ii.

Gable.

iii.

Mansard.

(a)

Applicable for buildings three or more stories.

iv.

Dormer.

v.

Parapet.

(a)

When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:

(1)

Steps.

(2)

Curves.

(3)

Angled surfaces.

(b)

The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.

b.

When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.

==> picture [216 x 141] intentionally omitted <==

c.

Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.

d.

Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twentyfour (24) inches.

==> picture [216 x 89] intentionally omitted <==

B.

Building Design.

Façade Design.

a.

Building façade must continue the pattern established by existing buildings in Downtown Los Altos by reinforcing the underlying maximum twenty-five (25) foot module along all street frontages through the use of the following techniques:

i.

Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls, columns, or other structural elements. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.

ii.

The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.

iii.

Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.

iv.

Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.

b.

At least two of the following strategies must be used in a manner that reinforces the maximum twenty-five (25) foot module:

i.

Change in roof parapet height or shape.

ii.

Change in roof style.

iii.

Change in materials palette.

iv.

Change in building height, minimum eight-foot difference.

v.

Change in frontage type or change in details of shopfront frontage type if used.

vi.

Use of upper floor projections such as bay windows or balconies.

2.

Ground Level Transparency. A minimum sixty (60) percent of commercial ground floor street-facing façades between two and seven feet in height shall be transparent window surface. Opaque, reflective, or dark tinted glass is not allowed.

==> picture [216 x 85] intentionally omitted <==

3.

Pedestrian-Scaled Entrances.

a.

Building entrances must incorporate at least one of the following entry features. See Section 14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.

i.

Shopfront

(a)

Shopfronts more than twenty-five (25) feet in width must incorporate variations in bulkhead, awnings, materials and/or color to visually articulate the shopfront into modules not to exceed twenty-five (25) continuous feet.

ii.

Gallery

iii.

Arcade with shopfront frontage.

b.

Primary Entrance Location(s). Locate primary entrance on the front right-of-way.

c.

Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.

d.

Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:

i.

Dedicated awning, canopy, or other roof element.

ii.

Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.

iii.

Dedicated light fixture(s).

iv.

Decorative street address numbers or tiles.

v.

Plaque signs for upper-floor business tenants.

e.

Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.

i.

Protection may be coterminous with an accent element.

ii.

Protection may take the form of an extended eave, overhang, awning, door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.

iii.

The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.

iv.

Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.

==> picture [216 x 173] intentionally omitted <==

f.

Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.

4.

Ground Floor Floor-to-Ceiling Height. Minimum twenty-four (24) inches taller than typical upper floor floorto-ceiling height.

==> picture [216 x 143] intentionally omitted <==

5.

Interior Courtyard. Interior courtyards must be:

a.

Partially visible from the street and linked to the street by a clear accessible path of travel.

b.

Enclosed on at least two sides by buildings.

c.

Open to the sky (arbors and trellises are allowed).

d.

A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.

6.

Paseos. Paseos must be:

a.

A minimum width of ten (10) feet for through-block paseos.

b.

A minimum width of four feet for entries to courtyards or individual single businesses.

C.

Window Design.

1.

Window frames, backbands, and sills.

a.

All windows shall have a sill.

i.

The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.

ii.

The sill shall be sloped toward the outside.

iii.

The sill shall have a drip at its outer edge.

2.

Vinyl are prohibited on façades visible from a right-of-way.

3.

Tinted glass is not allowed.

D.

Building Materials.

Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces. Permitted primary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding shall be wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum are not permitted.

c.

Stone.

d.

Brick.

2.

Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:

a.

Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed).

b.

Siding (lap, vertical, or shingle).

i.

All siding wood, composite wood, or cement fiberboard.

ii.

Wood siding shall be painted or stained.

iii.

Vinyl and aluminum siding are not permitted.

c.

Stone (watertable and building base only).

d.

Brick (watertable and building base only).

e.

Tile (for bulkheads below display windows and decorative accents only).

f.

Metal (matte finish or Cor-ten).

i.

Ribbed metal, titanium, and mirrored finishes not allowed.

g.

Concrete masonry units (watertable and building base only, and not allowed on any façade facing a rightof-way or a single-family zone).

h.

Concrete (watertable and building base only, board-form only, cast concrete not permitted).

E.

Downtown Gateway. A downtown gateway is located at the intersection of Edith Avenue, State Street, and San Antonio Road.

1.

Building design at gateway intersection shall include:

a.

Façade lighting; and

b.

Overhangs or sloped roof forms.

Ground-floor design at gateway intersections must address both street frontages through:

a.

Entrances that are visible and directly accessible from both streets;

b.

Building transparency beyond the required minimum for the first fifteen (15) feet of building frontage from the corner;

c.

Landscaped area with a minimum dimension of six feet; and

d.

A usable public space with pedestrian-scaled features.

F.

Landscaping and Paving, and Pedestrian Amenities.

1.

Landscaping must be placed on each side of a driveway at grade or in raised planters.

2.

All paving located adjacent to a sidewalk must be textured (decorative or permeable).

3.

A minimum seventy-five (75) percent of on-site paving material must be pervious/permeable.

4.

Landscape elements shall be integrated with the building architecture, parking, and streetscape. Recommended patterns shall include, but are not limited to:

a.

Planters for flowers and shrubs within street frontage.

b.

Landscape buffers between parking spaces and building façades.

c.

Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks.

d.

A publicly visible and accessible pedestrian amenity such as benches, a fountain, a rain garden, decorative paving, and/or public art.

5.

See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.

==> picture [216 x 135] intentionally omitted <==

G.

Parking Design and Access.

1.

Where structured parking is provided, the parking area must be either:

a.

"Lined" with ground floor non-residential uses at least thirty (30) feet deep as measured from the front façade; or

==> picture [216 x 145] intentionally omitted <==

b.

Designed such that the floor elevation is a minimum four vertical feet below the elevation of the adjacent sidewalk.

==> picture [216 x 126] intentionally omitted <==

2.

Visible structured parking must be screened from view from the right-of-way by at least one of the following features:

a.

Regular punched openings designed to resemble windows of habitable spaces.

b.

Trellis/living wall.

c.

Custom textured or decorative screening.

Entrances to Parking Facilities.

a.

Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum ten (10) feet from the back of sidewalk.

b.

Entrances to parking facilities along a street frontage shall be separated by a minimum of forty (40) feet, excluding access to parking plazas.

c.

Where possible, curb cuts serving adjacent parking facilities shall be shared.

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H.

Site Circulation and Access.

1.

A clearly defined, lighted and landscaped pedestrian route shall be provided between all parking areas and primary pedestrian entrance.

2.

New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.

3.

Bicycle racks shall be provided:

a.

In or within fifty (50) feet of every parking area; and

b.

Within twenty (20) feet of at least one building entrance.

I.

Service Areas and Screening.

1.

Service areas must be located at the rear of lot or along a parking plaza.

2.

Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.

J.

Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all residential mixed-use development in the CRS/OAD District.

(Ord. 08-331 § 2 (part))

(Ord. No. 2021-478, § 1, 9-14-2021)

14.54.140 - Nonconforming use regulations (CRS/OAD).

(As provided in Chapter 14.66 of this title.)

(Ord. 08-331 § 2 (part))

14.54.150 - Signs (CRS/OAD).

(As provided in Chapter 14.68 of this code.)

(Ord. 08-331 § 2 (part); Ord. No. 2015-414, § 12, 9-8-2015)

14.54.160 - Fences (CRS/OAD).

(As provided in Chapter 14.72 of this title.)

(Ord. 08-331 § 2 (part))

14.54.170 - Restoration of nonconforming structures (CRS/OAD).

(As provided in Chapter 14.66 of this title.)

(Ord. 08-331 § 2 (part))

14.54.180 - Exceptions for public benefit (CRS/OAD).

A.

To implement the downtown urban design plan, exceptions from the provisions of this chapter may be granted provided the following findings are made:

1.

The granting of the exception will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the area;

2.

The benefit to the city derived from granting the exception is an appropriate mitigation when considered against the cost to the developer;

3.

The project and mitigation will result in a public benefit to the downtown; and

The resultant project and mitigation are consistent with the general plan and promote or accomplish objectives of the downtown urban design plan.

B.

For the purposes of this chapter, exceptions may include, but are not limited to setbacks, on-site parking, and development or building standards.

(Ord. 08-331 § 2 (part))

(Ord. No. 10-349, § 7, 4-27-2010)

Chapter 14.56 - PC PLANNED COMMUNITY DISTRICT

Sections: