Chapter 18.30 — Site Planning and General Development Standards

Sections

• 18.30.010 – Purpose and Applicability

• 18.30.020 – Permitted Projections into Required Setback Areas

• 18.30.030 – Visibility Clearance Areas

• 18.30.040 – Height Measurement and Exceptions

• 18.30.050 – Setbacks – Measurement and Requirements

• 18.30.060 – Solid Waste and Recycling Enclosures and Storage Areas 18.30.070 – Basements

• A. Purpose. The purpose of this Chapter is to ensure that development is consistent with the General Plan to the maximum extent possible, complies with the standards of this Chapter, produces an environment that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties.

B. Applicability

1. The standards in this Chapter apply to all zones.

2. These standards shall be considered in combination with the standards for each zone in Article 2 (Zones, Allowable Uses, and Development Standards), and Article 4 (Regulations for Specific Land Uses and Activities). Where there may be a conflict, the standards specific to the zone or specific land use shall override the general standards in this Chapter.

3. All structures, additions to structures, and uses shall conform to the standards of this Chapter as determined applicable by the Director.

In applying the regulations of this Section, the following features of a structure shall not be included in the parcel coverage and may project into a required setback to the extent specified. None of the identified exceptions shall be permitted if they encroach into an adopted plan line, right-of-way, or public use easement.

• A. Bay windows, Chimneys, Cornices, canopies, eaves or other projections that do not increase the volume of space enclosed by the structure may project up to two feet into a required side yard setback or three feet into a required front or rear yard setback.

• B. Fire escapes may project into a required setback up to four feet, six inches.

• C. Covered front porches including architectural features and roof projections, patios, decks, stairs, ramps, railings and landings may project up to six feet into a required front or corner side yard setback and may project up to three feet from the parcel line in any rear yard setback.

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• D. In order to qualify for this exception, bay window and chimney projections may not occupy more than 33 percent the length of the structure wall on which they are located.

• E. Equipment and/or structures enclosing equipment (e.g., solar panels, water storage tanks, heating equipment, or similar mechanical equipment that does not emit noise) that are attached to a primary structure or an accessory structure shall be permitted to encroach into a required rear or side setback area of the primary building, provided they do not encroach more than 50 percent of the depth of the rear or side setback.

No fence, wall, hedge or shrubbery higher than three feet above the top of the grade shall be installed or maintained within the visibility clearance areas, at public roadway intersections and private driveways. The dimensions of these sight distance triangles, and any exceptions, shall be determined by the Director of Public Works. See Figure 3-1 (Visibility Clearance Area).

Figure 3-1 Visibility Clearance Area

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• A. Maximum Height Allowed. The height of structures shall not exceed the standards established by the applicable zone in Article 2 (Zones, Allowable Uses, and Development Standards), except as otherwise provided in this Section.

• B. Height Measurement. For structures, Height is a vertical distance from the “grade” to the highest point of the coping that defines the volume of the building of a flat roof, or to the deck line of a mansard roof, or to the highest gable of a pitched or hipped roof. See Figure 3-2 (Height Measurement).

Figure 3-2 Height Measurement

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• C. Height Exceptions. The maximum structure height specified in this Zoning Code shall not apply to the following miscellaneous structures and may be exceeded by no more than 25 percent of the maximum structure height, except that a lower maximum height may be required by the Review Authority through the conditions of an approved discretionary permit.

  1. Antennas

  2. Chimneys

  3. Cupolas

  4. Elevators

  5. Flag poles, sculptures, and radio towers, provided that they are compatible with surrounding structures.

  6. Other mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy or to be used for any commercial or advertising purpose.

  7. Spires

  8. Ventilators

  9. Water Tanks

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• A. Purpose. The purpose of this Section is to establish measurement requirements for setbacks, exceptions to those setback requirements, and allowances for projections into the setback areas. The intent of these regulations is to standardize requirements for regular parcels and to allow exceptions where needed due to parcel shape or other special circumstances.

B. Setback Requirements.

1. General Setback Requirements.

• a. Required Setback Area. Except as otherwise specified in this Zoning Code, required setback areas shall be kept free of buildings and structures.

• b. Exclusivity of Required Setback Area. No setback or other open space provided around any structure for the purpose of complying with this Zoning Code shall be considered as providing a setback or open space for any other structure.

2. Setback Measurement. Setbacks shall be measured from parcel lines as detailed below in Figure 3-3 (Setback Measurements). Parcel lines are not necessarily located at the back of the adjoining sidewalk. There shall be, at a minimum, one front parcel line and one rear parcel line. The rear parcel line shall be the line parallel, or most nearly parallel, to the front parcel line and of a width of at least 40 feet. If more than one such parcel line exists, the Director shall make the final determination as to the rear parcel line of the parcel. Except as permitted in Subsection 18.30.020 (Permitted Projections into Required Setback Areas), or as otherwise specified in this Zoning Code for specific types of structures (e.g., accessory structures, signs) structures shall not extend beyond required setback lines

Figure 3-3 Setback Measurements

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a. Front Yard Setback Area Measurement.

• (1) Non-Corner, Regular Parcels. For any parcel other than a corner parcel or an irregular parcel, the front setback area means the area which extends across the full width of the parcel and from the front parcel line along the street to a line defined by the front setback dimension.

• (2) Corner Parcels . For a corner parcel, the front setback area means the area which extends across the full width of the parcel and from the narrower parcel line along a public street to a parallel line defined by the front setback line.

• (3) Irregular Parcel. For flag parcels and irregularly shaped parcels, the front parcel line is determined to be the narrowest portion of the parcel adjoining a public right-of-way.

• (4) Front setback average. Notwithstanding the foregoing, in the R1-6L, R18L, and R2 zones (Residential Development Standards, Section 18.10.030), if four or more parcels in a block have been legally improved with structures, the minimum required front yard for main structures shall be the average of the front yards of the improved parcels along a block face if less than the current front yard requirements. Front setback measurement shall be from the front parcel line to the front wall of the residence and shall not be measured to a porch or any other projection.

b. Rear Setback Area Measurement.

• (1) For an interior parcel, the rear setback area means the area which extends across the full width of the parcel and from the rear parcel line to a parallel line defined by the rear yard setback dimension.

• (2) For a corner parcel, the rear setback area means the area which extends across the full width of the parcel and from the parcel line opposite the narrower parcel line along a public street to a parallel line defined by the rear setback line.

• (3) When computing the depth of a rear setback, for any structure where such setback opens onto an alley, one-half of such alley may be assumed to be a portion of the rear setback.

c. Side Setback Area Measurement.

• (1) For an interior parcel, the side setback means that area which extends from a side parcel line to a parallel line defined by the interior side setback between the front setback area and the rear setback area.

• (2) On any parcel of land having an average width of less than 50 feet, which parcel was of record or is shown as a parcel on any subdivision map on file in the office of the Santa Clara County Recorder on January 11, 1955, and where no adjoining land is in the same or common ownership with the parcel, the width of each interior side setback may be reduced to 10 percent of the width of the parcel, but in no case to less than three feet.

• (3) For a corner parcel, the interior side setback area is the area which extends from the interior side parcel line to a parallel line defined by the side setback distance, between the rear property line and the front setback area.

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• (4) For a corner parcel, the corner side setback area is that area which extends from the corner side parcel line to a parallel line defined by the side setback distance, between the rear property line and the front setback area.

• d. Vertical clearance. Except as otherwise provided in this Title, every part of a required yard shall be open from its lowest point to the sky unobstructed. Structure overhangs, bay windows, and other elements may intrude as permitted, in compliance to Table 2- 6 (Residential Setback Encroachments)).

• e. Official Plan Lines. Whenever an official plan line has been established for any public street, required yards shall be measured from the plan line, and in no case shall the provisions of this Title be construed as permitting any encroachment upon any official plan line.

C. Permitted Uses

1. Front Setback. Except as otherwise permitted, a front setback shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking.

2. Rear and Side Setbacks. Except as otherwise permitted, rear and side setbacks shall be used only for landscaping, pedestrian walkways, driveways, recreational activities or facilities, or similar accessory activities.

• D. Activities Prohibited. Any of the acts specified in subsection (1) of this section, when performed, maintained, permitted, or allowed in any of the front yard or side yard areas specified in subsection (2) of this section, are hereby declared to be public nuisances and are unlawful. Every person who creates, maintains, permits, or allows such nuisance upon his/her property or the premises of another who creates, maintains, permits, or allows any such nuisance thereon, is guilty of a misdemeanor and shall be punished accordingly.

  1. The following acts are prohibited in the areas specified in subsection (2) of this section:

  - **a.** Household or Construction Property; Wrecked, Disabled, or Inoperative Vehicles. Any household appliance, other household equipment, machinery, or furniture; or of any motor vehicle that is not displaying current registration or is registered with the Department of Motor Vehicles as Non-Operational, or is wrecked, dismantled, or inoperable, or missing any part thereof; or of any construction equipment, machinery, or materials. Construction equipment, machinery, or materials temporarily kept within such area for and during the improvement of the lot within which such area is situated, or the construction or installation of improvements of facilities therein, are exempt from this prohibition; 
  
  - **b.** Portable, temporary, or inflatable swimming pools left unattended; 
  
  - **c.** Outdoor sporting or game equipment: including but not limited to ping pong/beer pong tables, cornhole, horseshoes, or volleyball nets, etc. that are unattended, abandoned, or that create a hazard. 
  
  - **d.** Shipping containers of any size. 
  

  2. The following are the front yard and side yard areas within which the acts above specified in subsection (1) are prohibited.

  - **a.** The front building setback area, the street side yard area, and all other open areas that are visible from the public right-of-way of any interior or corner lot that is situated within any residential district established by or pursuant to the provisions of this title. The items specified in subsection (1) of this section shall only be permitted within entirely
  

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enclosed structures or behind six-foot-high fencing in interior side yard and rear yard setback areas. In no case shall these described items be visible from the public rightof-way even when placed in permitted areas. Any shipping containers located in the interior side or rear setback areas shall be 80 square feet or less in floor area.

• A. Purpose. The purpose of this Section is to provide standards for the provision of solid waste (refuse) and recyclable material storage areas. Projects that are not subject to a Building Permit and are only providing refuse/recyclable materials storage areas (trash enclosures) shall not be subject to the following standards but are subject to review by Public Works. The intent of these regulations is to comply with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 et seq.).

• B. Solid Waste Enclosure Standards. All solid waste enclosures shall comply with the development standards in SCCC Title 8 (Health and Safety Code), Section 8.25.100.

• C. Location Requirements. Solid waste and recyclable materials storage areas shall be located in the following manner:

  1. Solid waste and recyclable material storage shall be adjacent/combined with one another.

  2. Exterior Storage areas shall not be located in a required:

  - **a.** Front yard; 
  
  - **b.** Street side yard; 
  
  - **c.** Parking space; or 
  
  - **d.** Landscaped or open space area. 
  

  3. Storage area(s) shall be accessible to residents and employees at all times. Storage areas in multifamily residential developments must be located within 250 feet of an access doorway to the dwellings they are intended to serve.

  4. Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector.

  5. Storage areas shall not be located closer than 20 feet from doors or operable windows of adjacent structures.

• D. Design Requirements. The design and construction of solid waste and recycling enclosures shall:

  1. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials.

  2. Provide a concrete pad within the fenced or walled area(s) and a concrete apron that facilitates the handling of the individual bins or containers.

  3. Be accessible to persons with disabilities in compliance with the Americans with Disabilities Act (ADA).

  4. Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable.

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• A. Purpose. The purpose of this Section is to provide standards for basements, lightwells, stairwells, and other excavated features.

• B. Allowable Basement Area. Basements shall not extend beyond the structure footprint and are not allowed below any portion of a structure that extends into required setbacks.

• C. Inclusion as Gross Floor Area. Basements shall not be included in the calculation of gross floor area, provided that the:

  1. Basement area is not deemed to be habitable (i.e., crawlspace); or

  2. Basement area is deemed habitable space, but the finished level of the first floor is no more than three feet above the grade around the perimeter of the structure foundation. Grade is measured at the lowest point of an adjacent ground elevation prior to grading, filling, or finished grade, whichever is lower.

• D. Lightwells, Stairwells, and other Excavated Features. Excavated features shall not affect the measurement of the grade for determining gross floor area, so long as the excavated features meet the following standards:

  1. Lightwells, stairwells, and similar excavated features along the perimeter of the basement shall not affect the measurement of grade provided that:

  - **a.** Features are not located in the front of the structure; 
  
  - **b.** Features shall not exceed three feet in length; 
  
  - **c.** Cumulative length of all features does not exceed 30 percent of the perimeter of the basement; 
  
  - **d.** Features do not extend more than three feet into a required side setback or no more than four feet into a required rear yard setback, except when a side yard setback is less than six feet, then features shall not encroach closer than three feet from the adjacent side parcel line; 
  
  - **e.** Cumulative length of any features or portions of features that extend into a required side or rear yard setback do not exceed 15 feet in length; 
  
  - **f.** Property owner shall provide documentation to the Planning Division prior to the issuance of a Building Permit that any features or portions of features that extend into a required side or rear yard setback, and how the projections will affect any mature trees on the parcel or abutting parcels; and 
  
  - **g.** Features have either a drainage system that meets the requirements of the Public Works Department or are substantially sheltered from the rain by a roof overhang or canopy of a permanent nature. 
  

  2. Below-grade patios, sunken gardens, or similar excavated areas along the perimeter of the basement that exceed the dimensions allowed in Subsection (1) above, are allowed and shall not affect the measurement of the basement or the grade provided that:

  - **a.** Areas are not located in the front of the structure; 
  
  - **b.** All areas combined do not exceed two percent of the area of the parcel or 200 square feet, whichever is greater, that each area does not exceed 200 square feet, and that each area is separated from another by a distance of at least 10 feet. Areas devoted to stairway access shall not be included in the 200 square foot limitation.
  

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• c. Cumulative length of any excavated area that extends into a required side or rear yard setback does not exceed 15 feet;

• d. Property owner shall provide documentation to the Planning Division prior to the issuance of a Building Permit that any features or portions of features that extend into a required side or rear yard setback will not affect any mature trees on the parcel or abutting parcels;

• e. Features are sheltered from the rain by a roof overhang or canopy of a permanent nature; and

• f. Any roof overhang or canopy allowed in subsection (e) shall comply with the requirements in Section 18.30.020 (Permitted Projections in Required Setbacks).

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