Division 4 — CEMETERIES, COLUMBARIUMS, MORTUARIES

A cemetery, columbarium, mausoleum, crematorium and/or mortuary shall be planned and designed as follows:

a.

Access. An entrance to the facility shall be provided on a arterial or collector street with ingress and egress designed to minimize traffic congestion.

b.

Screening required. When located within or adjacent to any residential zoning district, these facilities should be screened on the side and rear property lines by: a wall or fence six (6) feet in height; a six (6) foot high, three (3) foot thick evergreen hedge; or a twenty (20) foot wide, permanently maintained planting strip.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 5. - CHILD-CARE FACILITIES[[4]]

Footnotes:

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Editor's note— Ord. No. 3.2026, § 14, adopted March 10, 2026, amended the title of Div. 5 to read as herein set out. The former Div. 5 title pertained to child day-care facilities.

This Section establishes standards for city review of child-care facilities, in conformance with state law, including the limitations on the city's authority to regulate these facilities. These standards apply in addition to all other applicable provisions of this Chapter and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social Services is required for all child-care facilities.

a.

Small and large family child-care homes. Permitted within any single-family or multi-family dwelling in a residential zone.

b.

Child-care centers. Allowed in the zoning districts determined by Sections 36.10.05 (Residential zones), 36.18.05 (Commercial zones), 36.20.05 (Industrial zones), and 36.22, 36.24, 36.24.35, 36.26, and 36.26.35 (Special purpose zones), subject to conditional use permit approval (Division 6 of Article XVI of the city code), and the following:

1.

Spacing/concentration. No residential property shall be bordered on more than one (1) side by a child-care facility.

2.

Traffic control. A drop-off and pick-up area shall be established to ensure that children are not placed at risk and street traffic is not unduly interrupted. The driveway of a large family day-care home may serve as its drop-off area. Adequate drop-off and pick-up areas shall be provided so that traffic does not back up onto public roadways or does not create circulation problems in parking lots.

3.

Adjacent uses. The proposed site shall not be located adjacent to a business that uses, sells, or stores significant amounts of hazardous materials or creates high noise levels or fumes.

4.

Outdoor play areas. Outdoor play areas shall be set back from adjoining residential dwellings and enclosed with a minimum six (6) foot fence. A six (6) foot wood or masonry fence is required along the boundaries with residential uses.

5.

Development review approval. Development review approval shall be required as provided in city code Section 36.44.45.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 16.19, § 5, 10/22/19; Ord. No. 7.20, § 4, 6/23/20; Ord. No. 3.2026, § 14, 3/10/26.)

Editor's note— Ord. No. 3.2026, § 14, adopted March 10, 2026, amended the title of § 36.28.20 to read as herein set out. The former § 36.28.20 title pertained to child day-care facilities.

DIVISION 6. - DISH ANTENNAS GREATER THAN ONE (1) METER

No exterior dish antenna having a dimension greater than one (1) meter (39.4 inches) shall be allowed in any R1 or R2 district unless it complies with the following requirements:

a.

Location on any roof is prohibited.

b.

Location in any street setback is prohibited.

c.

Location in any yard adjacent to a street is prohibited unless the antenna is not visible from the street.

d.

The maximum height to the highest point of the antenna is fifteen (15) feet.

e.

Any such antenna which is higher than adjacent property line fences must be located away from the side or rear property line at a distance equal to or greater than the height which the antenna is above the adjacent fence.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 7. - DRIVE-IN AND DRIVE-THROUGH FACILITIES[[5]]

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Footnotes:

Editor's note— Ord. No. 3.2026, § 15, adopted March 10, 2026, amended the title of Div. 7 to read as herein set out. The former Div. 7 title pertained to drive-in and drive-through sales and services.

Any retail trade or service use providing drive-in and/or drive-through facilities requires approval of a conditional use permit. Drive-through facilities shall comply with the property development standards of the underlying district and with this Section.

a.

Pedestrian requirements. Pedestrian walkways should not intersect the drive-through aisles, but where they do, they shall have clear visibility, and they must be clearly marked with paving or striping.

b.

Stacking. Drive-through aisles at restaurants shall provide sufficient stacking area to accommodate a minimum of six (6) cars unless additional stacking area is required by the zoning administrator.

c.

Equipment screening. All service areas, restrooms, and ground-mounted and roof-mounted mechanical equipment shall be screened from view.

d.

Landscaping. Landscaping shall screen drive-through or drive-in aisles from the public right-of-way and shall be used to minimize the visual impact of reader board and directional signs.

e.

Noise. Any drive-up or drive-through speaker system shall not be audible above the ambient noise levels beyond the property boundaries.

f.

Permitted products. The sale of alcoholic beverages is not allowed.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 3.2026, § 15, 3/10/26.)

Editor's note— Ord. No. 3.2026, § 15, adopted March 10, 2026, amended the title of § 36.28.30 to read as herein set out. The former § 36.28.30 title pertained to drive-in and drive-through sales and services.

DIVISION 8. - EXTREMELY HAZARDOUS MATERIALS AND HIGHLY SENSITIVE USES

a.

Purpose. This section is intended to maintain adequate buffers between highly sensitive uses and users of extremely hazardous materials.

b.

Location criteria. New highly sensitive uses and new facilities with extremely hazardous materials shall be subject to the following standards:

1.

No new highly sensitive uses, as defined in Section 36.60.19, shall be permitted to locate within one thousand (1,000) feet of any facility that stores or handles extremely hazardous materials as defined by Section 36.60.13.

2.

No new use of extremely hazardous materials as defined by Section 36.60.13 shall be permitted to be located within one thousand (1,000) feet of a highly sensitive use as defined in Section 36.60.13.

3.

The one thousand (1,000) foot buffer shall be measured from the property line of sites unless otherwise approved by conditional use permit.

4.

With approval of a use permit, measurement may be taken from the location of the sensitive use or extremely hazardous materials use with the finding that there are unique circumstances of the site, such as large size or location.

5.

A minimum distance of one thousand (1,000) feet shall be maintained between buildings in which the uses are located and/or outdoor uses, such as playgrounds, and outdoor storage tanks for extremely hazardous materials.

c.

Grandfather clause. Existing highly sensitive uses or facilities using extremely hazardous materials that do not comply with the one thousand (1,000) foot distance requirement shall be "grandfathered" and shall be allowed to continue at the existing location.

1.

Grandfathered facilities may be expanded or intensified if it can be demonstrated through risk assessment to the satisfaction of the city's fire and environmental protection division that the proposed expansion or intensification will not result in health and safety risks to the highly sensitive population(s).

2.

The risk assessment and implementation of safety measures and improvements to reduce the risk to existing levels shall be approved by the city's fire and environmental protection division prior to any expansion or intensification.

d.

Applicability. The provisions of this section shall not apply to El Camino Hospital and surrounding sensitive uses within a one thousand (1,000) foot radius.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 9. - EFFICIENCY STUDIOS

The following provisions establish locational, construction, and operational standards for the development of efficiency studios.

(Ord. No. 18.13, § 1, 12/10/13.)

Efficiency studios require the approval of a conditional use permit in the CRA zoning district and a planned community permit in precise plans that specifically list efficiency studios as a permitted or provisional use, and shall comply with the following standards.

a.

Parking requirements:

1.

General requirements. Efficiency studios shall provide off-street parking in compliance with Section 36.32.50 (Required Parking Spaces), and Section 36.32.80 (Development Standards for Off-Street Parking).

2.

Reduction of parking requirements. A reduction of up to .50 space per dwelling unit may be granted by the zoning administrator, in compliance with Section 36.48 (Conditional Use Permits) for efficiency studios that are located in close proximity to a public transit stop, serve a substantial number of low- and very lowincome persons or seniors and have a management plan which ensures continuing compliance with city codes, parking space availability and the low- and very low-income tenancy requirements of this section and Section 36.14 (Density Bonuses).

b.

Overall project design and layout:

Appearance. The design of an efficiency studios project should coordinate with and complement the existing architectural style and standards of the surrounding land uses. If a design theme has been established in the proposed area, the theme should be reflected in the design and scale of the efficiency studios project;

2.

Laundry facilities. Common laundry facilities shall be provided with one (1) washer and one (1) dryer for every twenty (20) units or fractional number thereof;

3.

Common space. At least four (4) square feet of common interior space, excluding entryways, circulation space, common bathrooms, common kitchens, hallways, janitorial storage and laundry rooms, shall be provided for each unit with a minimum of two hundred (200) square feet of interior common space for each efficiency studios living facility;

4.

Access. Ingress and egress shall be limited to a single entry point for tenants that is staffed twenty-four (24) hours per day;

5.

Fire protection. Efficiency studios living facilities of any size shall be required to have fully automatic fire sprinkler systems with a central monitoring system, alarm and fire annunciator in compliance with fire department standards. A manual fire alarm system shall also be installed and maintained;

6.

Defensible space design. Consideration should be given to utilizing defensible space concepts (e.g., visibility, lighting, landscaping, fencing location, etc.) in the location, design and construction of efficiency studios.

c.

Design requirements for individual units. Efficiency studio dwelling units shall comply with the following requirements:

1.

Minimum facilities. Each efficiency studio unit shall be provided with the following minimum facilities:

(a)

Partial kitchen with a kitchen sink and garbage disposal, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty (30) inches in front, and having light and ventilation in compliance with the Uniform Building Code;

(b)

Counter top measuring a minimum twelve (12) inches deep and twenty-four (24) inches wide;

(c)

Prewired for telephone and cable television;

(d)

A separate bathroom that includes at least a commode and shower or tub; and

(e)

A closet and storage space, as approved by the zoning administrator, for each unit.

2.

Floor area. An efficiency studio dwelling unit shall be a minimum of one hundred fifty (150) square feet in floor area. The average unit size shall be no greater than three hundred twenty-five (325) square feet and no individual unit, excluding the manager's unit, may exceed four hundred (400) square feet. The manager's unit shall not be included in calculating the average size of units;

3.

Occupancy. Each efficiency studio dwelling unit shall be designed to accommodate a maximum of two (2) persons; and

4.

Entries. Individual efficiency studio dwelling units shall not have separate external entryways.

d.

Management plan. The efficiency studio living facility shall have a management plan which shall be approved annually by the zoning administrator. The management plan shall contain maintenance policies, management policies, operations, parking management plan, rental procedures, security arrangements and staffing plans.

e.

Affordability. A minimum of twenty (20) percent of the dwelling units shall be occupied and affordable to very low-income tenants. The annual management plan shall demonstrate, to the zoning administrator's satisfaction, that this requirement has been fulfilled. Efficiency studio living facilities failing to meet this requirement shall be limited to the density limits of principally permitted uses.

f.

On-site manager. A manager is required to live on-site in every efficiency studio development.

g.

Annual inspection. Each efficiency studio living facility shall be inspected at least annually for compliance with the approved conditions of approval and all applicable city codes.

(Ord. No. 18.13, § 1, 12/10/13.)

The city council, having found that it is in the public interest to encourage efficiency studio living facilities, wishes, in appropriate cases, to provide special incentives for efficiency studio facilities in compliance with the following:

a.

Fee waiver. Upon receipt of an application from the developer of an efficiency studio facility, the council shall have discretion to waive or reduce city fees applicable to the project, including the fee imposed in lieu of park land dedication in compliance with Chapter 41, the city's transient occupancy tax, as outlined in Chapter 33 and other development fees. In determining whether to waive or reduce city fees and/or the transient occupancy tax for the project, the council shall consider the following:

1.

The extent to which the proposed efficiency studio facility will increase the supply of affordable housing in the community;

2.

The need for a fee waiver/reduction in order to make it economically feasible for the developer to make the efficiency studio units available as affordable housing;

3.

The extent to which the proposed efficiency studio facility will meet the city's land use objectives, as expressed in the general plan, applicable precise plans, and this chapter; and

4.

The fiscal effect of the fee waiver/reduction on the city.

b.

Procedure for fee waiver. The procedure for obtaining a waiver/reduction of fees for an efficiency studio facility shall be as follows:

1.

The developer shall submit an application for a waiver/reduction of fees or the transient occupancy tax to the department at the time of filing an application for a conditional use permit for the efficiency studio living facility;

Upon approval of a conditional use permit for an efficiency studio living facility, the zoning administrator shall forward the application for a fee waiver/reduction, along with a brief description of the project to the city clerk. The city clerk shall set the matter for a public hearing before the council within forty-five (45) days after approval of the conditional use permit and shall send a notice of the public hearing in compliance with Section 36.56 (Applications, Hearings and Appeals); and

3.

The city council shall conduct a public hearing on the application and shall approve or disapprove the request for a waiver/reduction as specified in subsection 36.28.55.a above. The decision of the city council on the fee waiver/reduction shall be final.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 10. - EMERGENCY SHELTERS AND LOW-BARRIER NAVIGATION CENTERS[[6]]

Footnotes:

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Editor's note— Ord. No. 01.2024, § 21, adopted Jan. 23, 2024, amended art. IX, div. 10, §§ 36.28.60— 36.28.70 in its entirety to read as herein set out. Former art. IX, div. 10, pertained to emergency shelters, and derived from Ord. No. 18.13, § 1, adopted Dec. 10, 2013; Ord. No. 16.19, § 7, adopted Oct. 22, 2019.

The purpose of the emergency shelter regulations is to establish standards for emergency shelters, in conformance with state law, to facilitate the development of, or conversion of existing facilities to, an emergency shelter. The purpose of the low-barrier navigation center regulations is to establish standards to ensure that low-barrier navigation centers are developed and operated consistent with the requirements of Article 12, Chapter 3, Division 1 of Planning and Zoning Law commencing with Government Code Section 65660, as may be amended.

(Ord. No. 01.2024, § 21, 1/23/24.)

a.

Emergency shelters. Emergency shelters shall be permitted in accordance with the land use regulations in the designated zoning districts and precise plans as specified in the applicable land use tables and shall comply with the following standards:

Property development standards. The shelter shall conform to all property development standards of the zoning district.

2.

Management. The shelter shall have a twenty-four (24) hour professional on-site management.

3.

Security. The shelter shall have on-site security and/or security cameras.

4.

Lighting. The shelter shall have adequate outdoor lighting for security purposes.

5.

Length of stay. The shelter shall be available to residents for thirty (30) days. Extensions up to a total of one hundred eighty (180) days may be provided by the on-site manager if no alternative housing is available.

6.

Maximum number of persons/bed. The shelter shall contain a maximum number of one hundred fifty (150) beds and shall serve no more than one hundred fifty (150) homeless persons.

7.

Waiting and intake areas. The shelter shall have a private area to receive clients.

8.

On-site parking. The shelter shall provide for thirty-five-hundredths (0.35) parking space per individual bed plus one (1) additional space per employee.

9.

Common facilities. The shelter may provide one (1) or more of the following specific facilities for the exclusive use of the residents and staff:

(a)

Central cooking and dining room;

(b)

Recreation room;

(c)

Counseling center;

(d)

Child-care facilities;

(e)

Laundry facilities; and

(f)

Other support services.

b.

Low-barrier navigation centers. These centers shall be permitted or conditionally permitted in accordance with the land use regulations in the designated zoning districts and precise plans as specified in the applicable land use tables, is consistent with the development standards of the underlying zoning district and shall comply with the following standards:

1.

Connected services. The center offers services to connect people to permanent housing through a services plan that identifies services staffing.

2.

Coordinated entry system. The center is linked to a coordinated entry system so that staff in the center may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400 (d) or Section 578.7 (a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment and referrals.

3.

Code compliant. The center complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4.

Homeless management information system. The center has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(Ord. No. 01.2024, § 21, 1/23/24.)

DIVISION 11. - HOME OCCUPATIONS, COTTAGE FOOD OPERATIONS, AND MICROENTERPRISE HOME KITCHEN OPERATIONS[[7]]

Footnotes:

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Editor's note— Ord. No. 01.2024, § 22, adopted Jan. 23, 2024, amended div. 11 in its entirety to read as herein set out. Former div. 11, §§ 36.28.75—36.28.90, pertained to home occupations, and derived from Ord. No. 18.13, § 1, adopted Dec. 10, 2013; Ord. No. 9.18, §§ 6, 8, adopted Oct. 23, 2018; Ord. No. 11.2023, § 2, adopted Sept. 26, 2023.)

Purpose. The following provisions allow for home occupations that are secondary to and compatible with surrounding residential uses.

Application. Business licenses are required for home occupations, which are permitted as accessory uses in all residential zoning districts. A statement of compliance with the following operating standards shall be signed prior to issuance of the business license.

(Ord. No. 01.2024, § 22, 1/23/24.)

All home occupations shall comply with all of the following operating standards, unless expressly exempt as stated in this Section:

a.

The home occupation is clearly secondary to the full-time use of the structure as a residence;

b.

The use does not require a modification not customarily found in a dwelling, nor shall the use be visible from the street or from neighboring properties;

c.

There is no window display, advertising sign or other identification of the home occupation on the premises;

d.

No home occupation use may eliminate any required parking. Excluding microenterprise home kitchen operations, only one (1) vehicle with a capacity no greater than three-quarter (3/4) ton may be used by the occupant directly or indirectly in connection with a home occupation;

e.

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive or hazardous

materials unless specifically approved by the fire department, in compliance with Chapter 24 of the City Code;

f.

Excluding microenterprise home kitchen operations, the home occupation shall not generate more than five (5) additional pedestrian or vehicular trips in excess of that customarily associated with the residential use in the zoning district in which it is located, and no more than two (2) deliveries per day.

g.

Operators of a home occupation must have and maintain a valid business license with the city.

(Ord. No. 01.2024, § 22, 1/23/24.)

The following home occupations shall be subject to specific operating standards in addition to the general operating standards set forth in Section 36.28.85.

a.

Cottage food operations. A cottage food operation (CFO) shall comply with all of the following additional standards and regulations:

1.

The use shall not create noise beyond the property line in accordance with Section 21.26 of the city code and may only create odors, fumes, smoke or secondary effects consistent with the registered or permitted operation;

2.

Operations shall be limited to the area approved for a CFO under a valid permit from the County of Santa Clara Department of Environmental Health;

3.

A microenterprise home kitchen operator cannot also obtain a license for a CFO; and

4.

On-site dining is not permitted.

b.

Microenterprise home kitchen operations. A microenterprise home kitchen operation (MEHKO) shall comply with all of the following additional standards and regulations:

Comply with the requirements of Health and Safety Code Section 113825;

2.

A cottage food operator cannot also obtain a license for a MEHKO;

3.

The use shall not create noise beyond the property line in accordance with Section 21.26 of the city code and may only create odors, fumes, smoke or secondary effects consistent with the registered or permitted operation. An operator may have an open-air barbecue or outdoor wood-burning oven, pursuant to requirements of Health and Safety Code Section 114143;

4.

Operations shall be limited to the area approved for a MEHKO under a valid permit from the County of Santa Clara Department of Environmental Health; and

5.

On-site dining is permitted in compliance with occupancy limits of Chapter 8 of the city code. If outdoor dining is proposed, operations must be confined within a fenced rear yard and be limited to the hours of 8:00 a.m. to 9:00 p.m.

c.

All other home occupations. For all other home occupations, excluding cottage food operations and microenterprise home kitchen operations, the following additional regulations apply:

1.

No use shall create noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference or other hazards or nuisances.

2.

The use shall be confined completely to one (1) room within the dwelling or to the garage or other accessory structure.

(Ord. No. 01.2024, § 22, 1/23/24.)

The following uses are found to be not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:

a.

Adult entertainment establishments;

b.

Dance or night clubs;

c.

Medical services (not including chiropractors and counselors/psychotherapists);

d.

Mini storage;

e.

Storage of equipment, materials and other accessories for the construction and service trades;

f.

Vehicle repair (body or mechanical), upholstery, automobile detailing and painting;

g.

Welding and machining;

h.

Cannabis businesses;

i.

Sale, lease, delivery, transfer, commercial storage or commercial bailment of firearms or ammunition; and

j.

Any other use determined by the zoning administrator not to be incidental to or compatible with residential activities.

(Ord. No. 01.2024, § 22, 1/23/24.)

DIVISION 12. - OUTDOOR RETAIL SALES[[8]]

Footnotes:

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Editor's note— Ord. No. 3.2026, § 16, adopted March 10, 2026, amended the title of Div. 12 to read as herein set out. The former Div. 12 title pertained to outdoor merchandise display and activities.

Permanent outdoor retail sales and rental establishments, including those dealing with autos, other vehicles and equipment; service stations; and other uses where the business is not conducted entirely within a

structure, shall comply with the following standards. Temporary outdoor sales are subject to a temporary use permit (Division 3 of Article XVI of the city code).

a.

Outdoor merchandise display. The outdoor display of merchandise shall comply with the following standards:

1.

Screening required. Except for automobile sales, an outdoor sales/activity area shall be screened from adjacent streets by decorative solid walls, fences, or landscaped berms, a minimum of thirty-six (36) inches high, in a ten (10) foot landscaped area adjacent to the street property line;

2.

Location of merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscape areas. These displays shall also not obstruct sight distance or otherwise create hazards for vehicle or pedestrian traffic; and

3.

Signs. Generally, there shall be no signs in addition to that allowed by Article XII (Signs) that is visible from the street. Pricing signs shall be no larger than necessary to be read by on-site shoppers.

b.

Outdoor storage areas. Where permitted by the underlying zoning district, all outdoor storage areas shall be entirely enclosed and screened by a solid wall or fence at least six (6) feet in height.

c.

Development review approval required. Any use proposing outdoor retail display or other outdoor business activities shall require a development review permit in compliance with Section 36.44.45 (Development review).

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 3.2026, § 16, 3/10/26.)

Editor's note— Ord. No. 3.2026, § 16, adopted March 10, 2026, amended the title of § 36.28.95 to read as herein set out. The former § 36.28.95 title pertained to outdoor merchandise display and activities.

DIVISION 13. - RECYCLING FACILITIES

SEC. 36.30. - Recycling facilities. SEC. 36.30.05. - Purpose.

The following provisions establish standards and procedures for the sitting and operation of various types and sizes of commercial recycling facilities.

(Ord. No. 18.13, § 1, 12/10/13.)