Chapter 18.10 — Residential Zones (R1, R2, R3, R4, R5, R6, UC, UV, HD Flex)

Sections

• 18.10.010 – Purposes of Residential Zones 18.10.020 – Land Uses and Permit Requirements 18.10.030 – Development Standards 18.10.040 – Other Applicable Regulations

• A. The purpose of this Chapter is to describe the character and intent of each of the City’s residential zones, describe allowed land uses and permit requirements in residential zones, identify any supplemental land use regulations applicable to residential zones, and establish development standards for the same.

• B. The purpose of the individual residential uses and the way they are applied are as follows:

  1. Single-Family Residential Zone (R1-6L). The purpose of the R1-6L Single-Family Residential Parcel Zone is to provide land areas for the construction, use, and occupancy of single-family dwellings, secondary dwellings authorized by Government Code Section 65852.21, and accessory dwelling units. It is the intent of this zone to protect and preserve the residential characteristics of existing single-family neighborhoods and to promote a suitable environment for family life. The residential density range for this zone is up to 10 dwelling units per acre. This zone implements the Very Low-Density land use designation in the General Plan.

  2. Single-Family Residential, Larger Parcel Zone (R1-8L). The purpose of the R1-8L SingleFamily Residential Larger Parcel Zone is to provide land areas for the construction, use, and occupancy of single-family dwellings, secondary dwellings authorized by Government Code Section 65852.21, and accessory dwelling units. It is the intent of this zone to preserve existing large parcel residential areas and to promote and encourage a single-family residential environment. The residential density range for this zone is up to 10 dwelling units per acre. This zone implements the Very Low-Density land use designation in the General Plan.

  3. Low-Density Residential Zone (R2). The purpose of the R2 Low Density Zone is to provide land areas for the construction, use, and occupancy of single-family detached dwelling units, , secondary dwellings authorized by Government Code Section 65852.21, accessory dwelling units, and two-family dwellings. It is the intent of this zone to maintain a residential character similar to that found in single-family neighborhoods. The residential density range for this zone is 8-19 dwelling units per acre. This zone implements the Low-Density land use designation in the General Plan.

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4. Medium-Residential Density Zone (R3). The purpose of the R3 Medium-Low Residential Density Zone is to provide land areas for the construction, use, and occupancy of two-family dwellings, and multi-family dwellings (i.e., rowhouses, townhouses). It is the intent of this zone to ensure compatibility of duplex-type development with surrounding multi- and single-family dwellings and the local neighborhoods. The residential density range for this zone is 20-36 dwelling units per acre. This zone implements the Medium-Density land use designation in the General Plan.

o-family dwellings, and multi-family dwellings (i.e., rowhouses, townhouses). It is the intent of this zone to ensure compatibility of duplex-type development with surrounding multi- and single-family dwellings and the local neighborhoods. The residential density range for this zone is 20-36 dwelling units per acre. This zone implements the Medium-Density land use designation in the General Plan.

5. High-Density Residential Zone (R4). The purpose of the R4 High-Density Zone is to provide land areas for the construction, use, and occupancy of multi-family dwellings (i.e., rowhouses, townhouses, low-rise apartments). It is the intent of this zone to encourage development types that use innovative site planning provide on-site recreational amenities and be located near neighborhood commercial centers. The residential density range for this zone is 37-50 dwelling units per acre. This zone implements the Medium-Density land use designation in the General Plan.

6. Very-High-Density Residential Zone (R5) and Patrick Henry Very-High-Density Residential Zone (PH-R5). The purpose of the R5 High- Density Zone and PH-R5 Patrick Henry Very-High-Density Residential Zone is to provide land areas for the construction, use, and occupancy of high density and intensity multi-family developments (i.e., low-rise, mid-rise, and high-rise apartments and condominiums). It is the intent of this zone to encourage development to use innovative site planning, provide on-site recreational amenities and be located near major community facilities, business centers, transportation corridors, and/or major thoroughfares. The residential density range for this zone is 51-99 dwelling units per acre. This zone implements the High-Density land use designation in the General Plan.

7. Transit Neighborhood Residential Zone (R6). The purpose of the R6 Transit Neighborhood Residential Zone is to provide land areas for the construction, use, and occupancy of high density and intensity multi-family developments (i.e., mid-rise and high-rise apartments and condominiums). It is the intent of this zone to encourage transit-oriented development that uses innovative site planning to connect to existing and/or future transportation stations and transfer points. Parcels designated R6 are meant to be located along major transit corridors or adjacent to local and regional transit stops and stations. Projects in this zone should include on-site amenities, recreational options, and access to employment centers. The residential density range for this zone is 60-350 dwelling units per acre. This zone implements the High-Density land use designation in the General Plan.

esignated R6 are meant to be located along major transit corridors or adjacent to local and regional transit stops and stations. Projects in this zone should include on-site amenities, recreational options, and access to employment centers. The residential density range for this zone is 60-350 dwelling units per acre. This zone implements the High-Density land use designation in the General Plan.

8. Urban Village (UV). The purpose of the UV Urban Village Zone is to accommodate transitoriented, multi-family residential development at very-high densities between 5-12 stories within the Patrick Henry Specific Plan. These urban-scale developments feature pedestrianoriented facades and frontages. Urban Village developments include structured or below-grade parking and shared outdoor spaces proximate to transit. The residential density range for this zone is 100-149 dwelling units per acre. This zone implements the High-Density land use designation in the General Plan.

9. Village Residential (VR). The purpose of the VR Village Residential Zone is to accommodate multi-family residential development at very-high densities between 5-12 stories within the Patrick Henry Specific Plan. The residential density range for this zone is 60-149 dwelling units per acre. This zone implements the High-Density land use designation in the General Plan.

10. Urban Center (UC). The purpose of the UC Urban Center Zone is to accommodate transitoriented, multi-family residential development at very-high densities with no height limits except those imposed by the FAA due to flight paths for the San Jose International Airport, within the Patrick Henry Specific Plan These urban-scale developments feature pedestrian-oriented facades and frontages. Urban Center developments include structured or below-grade parking and shared outdoor spaces proximate to transit. The residential density range for this zone is 120-250 dwelling units per acre. Densities over 250du/acre may be allowed for the provision of community benefits agreed upon with the City and formalized in a development agreement. This zone implements the High-Density land use designation in the General Plan.

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11. High Density Flex (HD Flex). The purpose of the HD Flex High Density Flex Zone is to accommodate transit-oriented, multi-family residential development or office or a combination of residential and office on four parcels along the eastern edge of the Patrick Henry Specific Plan Area. Allowable height ranges between 5-12 stories. The residential density range for this zone is 60-149 dwelling units per acre. Office development is allowed up to 2.0 FAR using the development standards of the HO-RD district, per the choice of property owners. This zone implements the High-Density land use designation in the General Plan.

• A. Table 2-1 Residential Zone Allowed Uses and Permit Requirements. Table 2-1 indicates the uses allowed within each residential zone and any permits required to establish the use, in compliance with Article 6 (Permit Processing Procedures) and Article 7 (Zoning Code Administration).

• B. Additional Regulations. Where the last column in the Table 2-1 includes a chapter or section number, the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this Zoning Code or SCCC may also apply.

• C. Definitions. See Article 8 (Definitions) for land use definitions and explanations.

• D. Zoning Clearance required. Each land use specified in the following land use table as allowed with a “P” as a use permitted-by-right that includes construction activities (e.g., additions, alterations, new construction, reconstruction, or remodeling) shall require the issuance of a Zoning Clearance in compliance with Chapter 18.126 (Zoning Clearances).

• E. Uses not Listed. Uses not listed below may be reviewed by the Director to determine if they are similar to those listed and appropriate in this zone and if so, what type of permit is required, in compliance with Section 18.04.040(Uses Not Classified).

• F. Patrick Henry Specific Plan Uses. Uses applicable to the residential zones are located in Table 2-2 (Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements).

• G. Temporary Uses. For all allowed temporary uses and specific standards see Chapter 18.122, Temporary Use Permits.

Table 2-1

Residential Zones Allowed Uses and Permit Requirements

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Table 2-1

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Table 2-2

Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements

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• A. Table 2-3 and 2-4 Residential Zone Development Standards. The intent of the residential zone development standards table is to clearly and precisely establish the basic site and structure regulations that apply to all developments in each of the residential zones. The table also indicates where additional site and structure requirements, including, but not limited to, off-street parking, landscaping, signage, fences and obstructions, and performance standards, apply to residential zones.

• B. Density. Maximum density standards shall be consistent with the General Plan or applicable Master Plan, Specific Plan, or Area Plan.

• C. Zoning Map. The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled "Zoning Map for City of Santa Clara " and referred to in this Zoning Code as the Zoning Map. Any additional maps adopted shall also be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map, is hereby adopted in compliance with current State planning, zoning, and development laws. Changes in the boundaries of any identified zones shall be made by ordinance in compliance with Chapter 18.142 (Amendments).

• D. For additional allowable uses pertaining to the HD - Flex Zone, see Table 2-5.

Table 2-3 Residential Zone Development Standards

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Table 2-3 Residential Zone Development Standards

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Table 2-3 Residential Zone Development Standards

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Table 2-4 Patrick Henry Residential Zone Development Standards

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Table 2-4 Patrick Henry Residential Zone Development Standards

Table 2-5 Office and Industrial Uses, HD Flex Zone Allowed Uses and Permit Requirements

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Table 2-5

Office and Industrial Uses, HD Flex Zone Allowed Uses and Permit Requirements

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In addition to the standards specified in Article 3 (Site Planning and General Development Standards) and Article 4 (Standards for Specific Land Uses), the following other regulations shall be applicable in the specified residential zones:

A. General Residential Regulations.

1. Development Standards.

• a. Minimum Parcel Size and Frontage. Notwithstanding the provisions of Section 18.10.030 (Residential Development Standards), the following shall apply:

(1) The required area of any parcel, as shown on a parcel or final subdivision map approved before the effective date of this ordinance, that is less than the minimum parcel area required for the zone in which the parcel is located, but is not less than 3,000 square feet, shall be the area shown for the parcel on the approved parcel or subdivision map.

(2) The required frontage of any parcel, as shown on a parcel or final subdivision map approved before the effective date of this ordinance, that is less than the minimum parcel frontage required for the zone in which the parcel is located, but is not less than 45 feet, shall be the frontage shown for the parcel on the approved parcel or subdivision map.

• b. Setback Areas Shall be Kept Open. Except as provided in Subsection a above, or as otherwise expressly and specifically provided in this Zoning Code, every part of every setback area in a residential zone shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground, and below the surface of the ground by all structures except those allowable encroachments identified in Table 2-6 (Residential Zone Setback Encroachments).

2. Common Living Area Requirements. For dwelling units, the minimum percentage of a dwelling devoted to common living area is twenty-five percent (25%).

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Table 2-6

Residential Zone Setback Encroachments

3. Driveway Approach. Minimum driveway apron length applies only to driveways providing access from a public street to a garage that serves a single dwelling unit or a two-dwelling unit.

4. Citywide Annual Cleanup Curbside Storage Exception. The storing of household items typically used in the interior of a dwelling, including but not limited to ping pong tables, refrigerators, washing machines, sinks, stoves, heaters, boilers, tanks, mattresses, swimming pools, tables, sofas, couches or futons, upholstered chairs, and indoor carpets, but excluding furniture expressly designed for outdoor use, is prohibited. During the City’s Citywide cleanup campaign, this prohibition does not apply during the applicable clean-up period for the subject parcel.

5. Exceptions and Reductions of Parking Requirements. For parking reduction standards in residential zones see Section 18.38.040 (Exceptions and Reductions to Parking Requirements).

6. Parking. Except as expressly allowed in this Chapter, required parking shall not be provided in the required front or side corner setbacks.

7. Parking Surface. Parking areas in the front setback shall be limited to a continuously paved or all-weather surfaces (i.e., concrete, asphalt, brick, pavers, stone, or gravel), which are directly accessible from the driveway approach. All-weather surfaces do not include landscaping ground cover materials, such as, mulch, wood chips, or bark.

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8. Pavement Limitation. In the R1-6L, R1-8L, and R2 zones, not more than 65 percent of the required front setback of any parcel be paved with asphalt, cement, pavers, brick, gravel, crushed granite, or any other all-weather surface.

9. Parking and Storage of Commercial Vehicles. The parking or storage of any commercial vehicle is prohibited on any parcel in a residential zone, except while loading, unloading, or providing a commercial service to a resident of that parcel.

10. Wireless Telecommunication Facilities. For height exceptions for Wireless Telecommunications Facilities see Chapter 18.66.

11. Accessory Structures in Single-Family and Duplexes. Accessory structures shall maintain setbacks in accordance with Chapter 18.32 (Residential Accessory Structures).

B. Specific Residential Regulations.

1. R1-8L Parcels. Parcels shall have two side yards, one having a width of not less than six feet on one side and nine feet on the opposite side. Notwithstanding the above, the side setback on the street side of each corner parcel, exclusive of the front setback, shall not be less than 15 feet in width. A minimum 35 percent of the street side setback shall be permanently maintained as landscaped area.

2. Accessory Structures.

• a. Second Story. Second stories are only allowed on accessory structures if the maximum height of the second story wall is four feet in height or less for the second-floor plate. This would equate to a one and one-half story accessory structure.

• b. Design Consistency. Exterior materials and cladding do not need to be consistent with the primary structure.

• c. Attached Accessory Structure Setbacks. Attached accessory structures are subject to the same setbacks as the primary structure.

3. Primary Structures.

• a. Basement Wall Height. The basement wall height shall not exceed four feet in height above the finished grade.

• b. Reconstruction Standards. In the event of a fire or other natural disaster (i.e., flood, earthquake, etc.) the home is allowed to be constructed to the previous structure footprint and setbacks, as a nonconforming structure (See Article 5 (Nonconformities)). Any changes to the structure footprint and setbacks shall require that the structure comply with current zoning development standards and regulations.

4. Porches and Stairs.

• a. Unenclosed porches, whether covered or uncovered, which have a finished floor no more than 56 inches above surface grade shall not encroach more than six feet into the front setback.

• b. Uncovered and unenclosed steps or stairs providing access to a porch or structure entry with a finished floor no more than 56 inches above surface grade shall maintain a minimum setback of 10 feet for the R1-6L and R1-8L zones, and a minimum two-foot setback for R2, R3, and R4 zones.

5. Townhouses in R-2 and R-3 districts. Townhouses that have frontage on a public street are required to have their front door on the front elevation.

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C. R6 Non-Residential Ground Floor Uses

Table 2-7 R6 Transit Neighborhood District Non-Residential Ground Floor Uses

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Table 2-7 R6 Transit Neighborhood District Non-Residential Ground Floor Uses

Note 1: This use is also allowed on the second and third floors of mixed-use buildings.

D. Existing Buildings and Uses.

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1. Notwithstanding any other provision in this chapter, the lawful use of buildings existing prior to the adoption of this chapter may continue, and shall continue to be governed by the standards of the prior zoning (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty), until such time as (1) the existing building in its entirety is demolished voluntarily (unless for the purposes of implementing maintenance, repair, replacement, expansion or restoration in the event of casualty), and/or (2) the existing use (including any expansions) has been discontinued in its entirety or is replaced with a use not permitted in the prior zoning regulations but permitted or conditionally permitted by this chapter, at which time the prior zoning shall become inapplicable and the other sections of this chapter shall apply from that point forward.

n or restoration in the event of casualty), and/or (2) the existing use (including any expansions) has been discontinued in its entirety or is replaced with a use not permitted in the prior zoning regulations but permitted or conditionally permitted by this chapter, at which time the prior zoning shall become inapplicable and the other sections of this chapter shall apply from that point forward.

2. Allowed Uses. For parcels with legal uses of buildings existing prior to the adoption of this chapter, permitted uses of the prior zoning district are allowed, and none of the other sections of this chapter shall apply to such building and use, until such time as the existing use (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a) of this section.

3. Conditional Uses. For parcels with legal uses of buildings existing prior to the adoption of this chapter, conditional uses of the prior zoning district are conditionally permitted, and none of the other sections of this chapter shall apply, until such time as the existing use (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a) of this section.

4. Development Standards. For parcels with legal uses of buildings existing prior to the adoption of this chapter, development standards of the prior zoning district shall apply, and none of the other sections of this chapter shall apply, until such time as the existing use (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a) of this section.

• E. Transition Standards.

  1. Maximum Height Adjacent to Residential. Building Height Limits Abutting Residential Zoning Districts, 45-degree Daylight Plane height transitions are required for any new development adjacent to single family and duplex residential zoning districts, measured from the property line. Rear property line daylight planes extend 40 feet from the rear property line; side property line daylight planes start at 15 feet above grade and extend the full height of the building. See Figures 2-1 and 2-2.

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Figure 2-1 Rear Property Line Daylight Plane

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Figure 2-2 Side Property Line Daylight Plane

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