Sec. 153.002 - Purposes.

This chapter is adopted to promote and protect the public health, safety, peace, comfort, convenience, and general welfare. Specifically, this chapter is adopted in order to accomplish the following purposes:

(A)

To guide and regulate current and future growth and development and to protect the established rural and suburban character of the Town in a manner consistent with the General Plan;

(B)

To preserve the Town's primarily single-family character by prohibiting inharmonious influences and intrusions;

(C)

To promote a safe and effective circulation system, including roads and trails, consistent with the Town's residential quality;

(D)

To provide adequate light, air, privacy, and access to property;

(E)

To control and minimize stormwater runoff, soil erosion, and stream and drainage channel siltation;

(F)

To secure safety from fire, earth movement, and other natural and artificial hazards;

(G)

To preserve the rural character of the Town by ensuring adequate open space to prevent excessive population concentrations and congestion;

(H)

To preserve the beauty of the Town's setting and ensure the conservation of its scenic and natural resources; and

(I)

To comply with California Government Code, § 65910 which requires every city and county to adopt an open space zoning ordinance consistent with the open space element of the General Plan.

(1975 Code, § 9-2.102) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.003 - Contents.

This chapter consists of a zoning map designating certain districts and a set of standards regulating the uses of land, the density of population, the height, bulk, locations, and uses of structures, open spaces and natural resources, the area and dimensions of building sites, and the appearance of certain uses, structures and signs.

(1975 Code, § 9-2.103) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.004 - Application and interpretation.

(A)

The provisions of this chapter in their interpretation and application shall be held to be minimum requirements, except where such provisions are expressly stated to be maximum requirements. The provisions of this chapter are not intended to impair or interfere with any private lawful restriction placed upon property by contract, covenant, or deed. Where this chapter imposes a greater restriction upon a use than imposed or required by such private restriction, the provisions of this chapter shall control.

(B)

No building, structure, or land, including life estates, shall be used, maintained, or occupied, nor shall any building or structure be constructed, maintained, modified, moved, or structurally altered, except in conformity with the provisions of this chapter.

(1975 Code, § 9-2.104) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.005 - Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY DWELLING UNIT (ADU). An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include a kitchen and permanent provisions for living, sleeping, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

(1)

An efficiency unit, as defined in Cal. Health and Safety Code § 17958.1.

(2)

A manufactured home, as defined in Cal. Health and Safety Code § 18007.

ACCESSORY STRUCTURE OR BUILDING. A detached structure or building, the use of which is subordinate and incidental to the main structure, building, or use on the same parcel.

ACCESS WAY. The portion of a panhandle lot providing access from a street or access route.

ADDITION. An increase in the size, bulk, mass or height of an existing structure or building.

ALTERATION. Any change or addition to a structure or building for which a building permit is required.

ATTIC. The space enclosed within the roof structure of a building. Spaces or rooms on the same floor as living areas are not included in the definition of attic.

BARN. A building used for the housing and care of horses and/or other permitted livestock, and for the storage of feed, hay, other crops and farm or equine equipment, accessory dwelling units in accordance with regulations in Section 153.211, and other uses ancillary to the housing and care of horses and/or other permitted livestock.

BASE FLOOD. A flood having a one percent chance of being equaled or exceeded in any given year.

BASEMENT. The improved or unimproved portions of the building which are fully or partially below grade so that the vertical distance from the ceiling to the grade of the adjoining ground is no more than two feet above grade. Grade shall mean the finished or existing grade, whichever results in the lowest building profile.

BAY WINDOW. Any window projecting from the principal exterior wall surface of a building that is raised at least 12 inches above the finished floor of the story where it is located.

BUILDABLE AREA. The space remaining within a building site after the minimum setback requirements (coverage limitations, setbacks, and the like) and site development and performance standards have been met.

BUILDING. A structure built, designed, or used for the support, shelter, or enclosure of persons, animals, or personal property.

BUILDING COVERAGE. The percentage of the total lot area covered or to be covered by buildings. Building coverage shall be measured on a horizontal plane.

BUILDING FAÇADE. The exterior face of a building.

BUILDING FOR HUMAN OCCUPANCY. An enclosed structure which is designed for and regularly, habitually, or primarily occupied by humans.

BUILDING PERMIT. A permit issued by the Town for the construction, erection, or alteration of a structure or building.

BUILDING SITE. An area capable of supporting a permitted principal use and meeting the required conditions prescribed in the zoning district in which the lot is situated.

CAMPER. Any enclosure designed or used for human occupancy which is or can be placed upon the bed of a truck or the chassis of a similar vehicle.

CARETAKER. Any person who resides on the property and who performs maintenance or repair services on a regular basis.

CARPORT. An accessory structure or portion of a main structure open on two or more sides and designed for the storage of motor vehicles.

CONSTRUCTED EQUESTRIAN RIDING ARENA. An area on a parcel that requires grading for placement of a subsurface or surface material that is included in the definition of paved area and surface coverage that is constructed and used primarily for equestrian riding.

CORRAL. A fenced enclosure used for the regular confinement of livestock.

COVERED DECK, COVERED PATIO, COVERED BALCONY, and COVERED PORCH. An area of exterior space which is connected to a building that has a floor, is usable space, and which is partially enclosed or covered.

DECK. A flat, floored, roofless structure adjoining any main building or accessory building.

DOMESTIC ANIMAL. An animal commonly kept as a household pet.

DORMER. An architectural element that projects from a sloping roof; is recessed at least 12 inches from the exterior wall below; and, does not rise above the overall roof ridge.

DRIP LINE. A line on the surface of the ground occurring directly below the greatest horizontal limit of a tree's canopy of leaves and branches.

DRIVEWAY. A way or route for use by vehicular traffic leading from a parking area or from a house, garage, or other structure to a road.

DWELLING. A structure or building designed, built, or used for human habitation.

DWELLING, MAIN. The principal dwelling located on a lot or parcel when used as the permitted use.

DWELLING, SINGLE-FAMILY. A building designed, built, or used as a dwelling by one family.

EAVES. The unsupported portion of a roof that extends beyond the exterior walls of a building.

EFFICIENCY KITCHEN. A kitchen with a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

EMERGENCY SHELTER. Housing with minimal supportive services for homeless persons 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. (California Health and Safety Code §§ 50801 and 124250). Emergency shelters may also include other interim interventions, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care.

ENTRY FEATURE. Structures within 50 feet (30 feet in R-1 zoning) of the front property line, such as vehicular gates, pedestrian gates, pylons, lighting, wingwalls, mechanical equipment, entry key pads, and call boxes.

EXISTING STRUCTURE. Existing structure for the purposes of defining an allowable space that can be converted to an accessory dwelling unit means within the walls and roofline of any legal structure existing on or after January 1, 2017 that can be made safely habitable under local building codes at the determination of the Building Official, regardless of any noncompliance with zoning standards.

EXOTIC ANIMAL. An animal customarily referred to as "wild" and kept in a public or private zoo, including, but not limited to, tigers, lions, leopards, panthers, bears, pachyderms, rhinoceros, and poisonous reptiles.

EXTERIOR WALL HEIGHT. The measurement from the existing or finish grade, whichever is lower, to the top exterior wall plate.

FAMILY. An individual, or group of two or more persons occupying a dwelling and living together as a single housekeeping unit in which each adult resident has access to all parts of the dwelling.

FAULT. A fracture along which the blocks of earth's crust on either side have moved relative to one another parallel to the fracture. A fault is considered active if it has had surface displacement within Holocene time (about the last 11,000 years). A fault is considered inactive if it has not had surface displacement within Holocene time (about the last 11,000 years).

FAULT INVESTIGATION REPORT. A report authored by a Professional Geologist and/or Certified Engineering Geologist that presents the results of a surficial and/or subsurface geologic investigation intended to locate existing fault traces and evaluate the recency of their activity or intended to satisfactorily establish the absence of faulting at a site. The report shall provide recommendations for appropriate setbacks from fault traces or fault related features. The report shall comply, at minimum, with ordinances and guidelines established by the Town and the state, and be in general conformance with the prevailing standards of professional practice.

FAULT TRACE. The line formed by the intersection between a fault plane and the ground surface; it is graphically portrayed as a line plotted on geological maps.

FAULT TRACE, INFERRED. A fault trace per the adopted Town General Plan, and as identified on the Town Geologic Map, deemed Holocene-active or capable of primary fault rupture, whose existence is probable but not yet proven through field investigation.

FAULT TRACE, KNOWN. A fault trace per the adopted General Plan, deemed Holocene-active or capable of primary fault rupture, specifically located on a site by geologic investigation or as identified on the Official Town Fault Map.

FAULT, UNDETERMINED ACTIVITY. Per the adopted General Plan, a fault that does not have sufficient evidence to determine if it is active or inactive. Faults of undetermined activity should be considered Holocene-active fault traces unless adequately demonstrated otherwise.

FAULT ZONE. Per the adopted General Plan, an area of faulting or an area of related faults that may have some width. For example, the active zone of faulting during the Holocene for the Peninsular San Andreas fault ranges up to ten feet wide, while the San Andreas Rift Zone in Woodside, which includes the active fault zone and inactive faults, is up to about 1,000 feet wide.

FENCE. A structure constructed of posts, rails, wire, and, in some cases, barrier panels, used to define a boundary or as a means of protection, confinement, or visual obstruction.

(1)

OPEN FENCE. A fence constructed in such a way that no more than 20 percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.

(2)

SOLID FENCE. A fence constructed in such a way so that more than 20 percent of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.

FINAL MAP. A map prepared in accordance with the subdivision procedures of the subdivision provisions and the Subdivision Map Act of the state, which map is designed to be placed on record with the County Recorder. FINAL MAP shall not include a record of survey or parcel map.

FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Town.

FLOODPLAIN AREA. An area subject to flooding as identified in the Town's Flood Boundary and Floodway Maps and any area subsequently identified to supplement or supersede such maps.

FLOODPROOFED. Watertight construction with walls substantially impermeable and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

FLOOR AREA. The calculated size of a structure as stated in Section 153.206.

FOOTPRINT. The two-dimensional configuration of an existing building's perimeter boundaries as measured on a horizontal plane at ground level.

GARAGE, COMMERCIAL. A building or part thereof, used for the repair, storage, parking, or servicing of motor vehicles on a commercial basis or as a part of a business enterprise.

GARAGE, PRIVATE. An accessory building or portion of a main building, enclosed on three or more sides, designed for the shelter or storage of motor vehicles.

GATE. A movable frame or solid structure which swings, slides, or rolls controlling ingress and egress through an opening in a fence, wall, or vegetation.

(1)

OPEN GATE. A gate constructed of such materials as wood, wrought iron, extruded metal, or other materials where no more than 60 percent of the surface area of the face of the gate when in a closed position obstructs a view through the gate from a position perpendicular to the gate.

(2)

SOLID GATE. A gate constructed entirely of solid opaque material or such material as wood, wrought iron, extruded metal, or other materials where more than 60 percent of the surface area of the face of the gate when in a closed position obstructs a view through the gate from a position perpendicular to the gate.

GEOLOGICALLY HAZARDOUS.

(1)

Land located within the special studies zone established by the Alquist-Priolo Geologic Hazards Act;

(2)

Land within 125 feet of an Inferred and 50 feet of Known active Fault Traces identified on the Official Town Fault Map;

(3)

A portion of certain problem areas identified in the General Plan, Natural Hazards and Safety Element;

(4)

Land identified as having a moderate to high susceptibility to landslides, Basic Data Contribution No. 43, USGS; or

(5)

Land identified as landslide on the official Town Geologic and Geologic Hazards Map.

GIRDLING. A horizontal cut around a tree trunk to a depth of one to four inches that severs a tree's vascular cambium layer.

GLENS, WOODSIDE. Properties within the boundaries shown on Map WG1 of the Woodside Glens Specific Plan Adopted by Town of Woodside June 1, 1993 (Resolution 1993-4895), amended January 26, 1999 (Resolution 1999-6129), within an R-1 Zoning District.

GRADE.

(1)

FINISHED. The final elevation of the ground surface after building construction and grading.

(2)

EXISTING. The elevation of the existing ground surface prior to proposed building construction and grading.

GREEN ENERGY. Energy that is derived from resources which are naturally replenished on a human timescale, such as: sunlight, wind, water, and geothermal temperature variations, or represent a reduction on the dependency and use of fossil fuels.

GUEST. Any person, other than a member of a resident family, who occupies quarters for sleeping purposes and who is not required to pay rent of any kind for such occupancy.

HABITABLE SPACE. An area in a structure, with a ceiling of seven feet or more in height, and designed, built or used for human habitation.

HEIGHT, BUILDING or STRUCTURE. The vertical dimension of a building or any type of structure measured as set forth in Section 153.208(B).

HEIGHT, FENCE and WALL. The vertical distance measured from the surface of the adjoining ground to the top of the fence. For the purpose of applying the fence and wall height regulations, the average height of the fence along any unbroken run, at the option of the landowner, may be used for fence height calculation purposes provided the height at any point along such run is not more than ten percent greater than permitted without calculating such average height.

HOME OCCUPATION.

(1)

The conduct of an art, profession, or business as a gainful occupation entirely within a dwelling which use is clearly incidental to the use of the structure as a residence and which use does not alter the residential character of the dwelling and does not change or adversely affect the residential character of the surrounding neighborhood.

(2)

Typical home occupations include dressmakers, architects, engineers, accountants, attorneys, writers, manufacturers' representatives, artists and artisans, instructors when limited to one pupil at a time, and other occupations when found by the Planning Director to be similar to the occupations listed in this subsection. All home occupations shall be in accordance with the provisions of Section 153.111. HOME OCCUPATION shall not include commercial service enterprises, such as barber shop and beauty shops and massage studios.

HOUSE TRAILER. A portable enclosure, designed, built, or used for human habitation or sleeping on a permanent or temporary basis and capable of being moved or towed upon the highways of the state with or without a special permit.

HUMAN HABITATION. The provision of facilities for living, sleeping, eating, food preparation and storage, bathing and sanitation.

INDEPENDENT LIVING FACILITIES. Any dwelling that has dedicated exterior access. Interior access and light wells accessed by ladder, only, shall not be considered dedicated exterior access.

JUNIOR ACCESSORY DWELLING UNIT. An accessory dwelling unit that is no more than 500 feet in size, is contained entirely within an existing or proposed main dwelling, includes an efficiency kitchen, has a separate exterior entry from the main dwelling, and maintains an interior connection to the main living area of the main dwelling.

KITCHEN. A portion of a dwelling designed and used for food preparation and food storage, and equipped with a sink, a permanent stove/conventional oven that complies with applicable Building Codes, and other appliances such as a refrigerator.

LANDMARK. A site or feature that is so designated by the Woodside Town Council due to the historic value pursuant to a historic preservation ordinance.

LANDSCAPED AREA. The portion of a site containing planting areas, including trees, shrubs, lawns, flower beds, and ground cover, suitable for ornamenting or screening the site or a use on the site.

LANDSCAPE SCREENING. The introduction of plant materials which may be accompanied by features such as walls, fences, or berms and which mitigate the visual impact of large structures from public and private road rights-of-way and if possible from neighboring residents. Landscape screening may provide substantial mitigation of a building but need not constitute complete obstruction.

LATTICEWORK. A construction where less than 50 percent of the surface plane of the structure remains open to the outside.

LIVESTOCK. Any breed of mammal, other than hogs and bulls, which is customarily raised on a ranch or farm.

LOT. An area of land, other than a road, shown as a unit on a recorded subdivision or land division or otherwise legally subdivided.

LOT AREA. The total area measured in a horizontal plane within the lot lines bounding the lot, excluding the following:

(1)

Easements for road rights-of-way which are not for the exclusive use of the lot on which located;

(2)

Any portion of an individual access strip in excess of five percent of the lot area required in the district; and

(3)

Public utility or drainage easements when not located adjacent to property lines.

LOT AREA, NET. The lot area, as defined in WMC Section 153.005, excluding all areas with slopes in excess of 35 percent.

LOT, CORNER. A lot bounded on two or more adjacent sides by roads or other thoroughfares where the angle of intersection or the sum of the angles of intersection does not exceed 135 degrees.

LOT DEPTH. The distance measured in a horizontal plane between the center point of the front lot line and the center point of the rear lot line.

LOT LINE, FRONT. The line separating the lot from the edge of the right-of-way of the adjacent road. The front lot line of an interior lot or a corner lot shall be determined by the Planning Director.

LOT LINE, REAR. The line opposite the front lot line.

LOT LINE, SIDE. Any lot boundary which is not a front or rear lot line. A side lot line separating a lot from another lot or lots shall be an interior side lot line; a side lot line separating a lot from a road shall be an exterior side lot line.

LOT WIDTH. The average horizontal distance between the side lot lines measured at right angles to the line followed to the established lot depth.

MAINTENANCE. Repair work or general upkeep on a structure, including painting, carpentry, glazing, and the reinforcement or replacement of defective parts, including roofs, foundations, structural members, and plant material irrigation and replacement, but shall not include an addition to or the enlargement of the structure.

MANUFACTURED HOUSING (MOBILE HOME). A structure, transportable in one or more sections, built on a permanent foundation, designed to be used as a dwelling, and certified under the provisions of § 18551 of the California Health and Safety Code.

MAXIMUM SIZE OF A MAIN RESIDENCE. The maximum allowable floor area square footage of the main residence on a lot including the floor area of any detached structure within 15 feet of the main residence in all zoning districts, except the R-1 District which shall include any detached structure within eight feet of the main residence. Maximum size of main residence is measured as set forth in Section 153.206(B).

MEMORIAL CEMETERY. A place for the burial of human remains.

MOTOR HOME. A self-propelled vehicle, other than a pickup or similar utility vehicle, upon which is permanently assembled or mounted an enclosure for temporary or permanent human habitation.

NATURAL STATE. Designated portion(s) of a lot that shall remain, with no grading, terrain alternation, keeping of livestock (see WMC Section 115.12, Private Stable Regulations, for further details on keeping of horses), or tilling of natural vegetation (except as may be required for public safety, fire safety, or the development of Town designated trails), pursuant to WMC Section 153.415(B). Previously disturbed areas may be reclaimed through grading and/or native planting, pursuant to WMC Section 153.416.

f livestock (see WMC Section 115.12, Private Stable Regulations, for further details on keeping of horses), or tilling of natural vegetation (except as may be required for public safety, fire safety, or the development of Town designated trails), pursuant to WMC Section 153.415(B). Previously disturbed areas may be reclaimed through grading and/or native planting, pursuant to WMC Section 153.416.

NATURAL STATE RESTORATION AREA. Previously disturbed portion(s) of a lot, where grading and restoration are allowed as part of the site development permit, to restore a lot or portion thereof, to its natural, pre-development era condition, or to restore a lot following land movement or other disturbance

and/or climate related phenomena. Natural state restoration areas may be reclaimed as natural state, pursuant to WMC Section 153.416.

NONCONFORMING LOT. A lot of legal record which does not meet the current requirements of the zoning district in which the lot is located.

NONCONFORMING STRUCTURE OR BUILDING. A structure or building which was lawfully established and maintained, but which does not conform to the current regulations for the zoning district in which such structure or building is located.

NONCONFORMING USE. The use of land, a building or structure which was lawfully established, but which does not conform with the current use regulations for the zoning district in which it is located.

NON-RESIDENTIAL DEVELOPMENT. Property development for uses other than residential, such as commercial and institutional uses.

OFFICIAL TOWN FAULT MAP. The map entitled Fault Zones Map officially accepted by the Town in the natural hazards and safety element of the General Plan.

ONE OWNERSHIP. The ownership of a lot or parcel in any manner whereby such parcel is under single or unified control.

OPEN SPACE LAND. Any lot or area of land or water essentially unimproved and designated in the General Plan for any of the open space uses:

(1)

Open space for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality;

(2)

Open space for outdoor recreation, including but not limited to, areas of outstanding scenic, historical and cultural value; areas particularly suited for park and recreation purposes, including access to lakeshores, beaches, rivers and streams; and areas which serve as links between major recreation and open-space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors;

(3)

Open space for the preservation of natural resources including, but not limited to, areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other scientific purposes; rivers, streams, bays and estuaries: and coastal beaches, lakeshores, banks of rivers and streams, and watershed lands;

(4)

Open space used for the managed production of resources, including but not limited to, forest lands, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge of ground water basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and areas containing major mineral deposits, including those in short supply.

OPEN SPACE ZONE—OS ZONE. Each and every Open Space Zone, namely:

OSH

Open space for Health and Safety;

OSRL

Open space for Low Intensity Outdoor Recreation;

OSRM

Open space for Medium Intensity Outdoor Recreation;

OSN

Open space for Preservation of Natural Resources; and,

OSM

Open space for Managed Production of Resources.

OUTDOOR DISPLAY. An outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service.

PANHANDLE LOT. A site with access to a road by means of an access way having not less than 30 feet of frontage and a width of not less than 30 feet. The length of the panhandle shall be measured from the frontage line to the nearest point of intersection with the nearest property line parallel or most nearly parallel to the frontage line.

PARCEL. All contiguous land held in one ownership.

PARKING AREA. A site, or portion of a site, devoted to the off-road parking of motor vehicles, including parking spaces, aisles, access drives, and related landscaped areas.

PASTURE. An area seasonally used for grazing animals.

PAVED AREA AND SURFACE COVERAGE.

(1)

Materials including but not limited to, asphalt, bricks, concrete, decomposed granite, gravel, pavers, plastic, rubber, sand, or similar materials applied to the surface of the ground that alter the natural appearance of a site.

(2)

Features including but not limited to, artificial grass, stairs, decks three feet or less in height, driveways, on grade or below grade equipment pads without a cover/roof, parking areas, patios, spas/hot tubs, swimming pools, tennis courts with any type of surface material, walkways, manmade water features such as decorative pools, fountains, and manmade ponds.

PERFORMANCE STANDARD. A minimum requirement of a use of land needed or required for the protection of the physical environment and social and economic values as expressed in the General Plan. Performance standards shall be based on the measurable effects of an activity.

PLANNING DIRECTOR. The Director of the Planning Department of the Town of Woodside, California, or the designee of the Director.

PLATE. The point at which the exterior wall surface and lower surface of the roof meet.

PRINCIPAL ACCESS DRIVEWAY. A driveway leading to either the structure in which the permitted principal use occurs, or the detached garage that serves the structure in which the permitted principal use occurs, up to the maximum width permitted by Section 151.44. Portions of second driveways with separate access to a public or private road, or additional driveways that split from the principal access driveway, shall not be considered a principal access driveway. If there is more than one driveway approach to the structure in which the permitted principal use occurs, the shortest distance to either the structure in which the permitted principal use occurs, or the detached garage that serves the structure in which the permitted principal use occurs, shall be considered the principal access driveway.

PRIVATE NONCOMMERCIAL CLUBS. A club or organization having nonprofit status and providing services and facilities for members and guests only.

PUBLIC BUILDING. A building such as a school, Town Hall, fire station, museum, library, post office, or police station.

PYLON. A vertical structure, pier, or post flanking an entrance way.

RENT. Any payment in whole or part cash made in exchange for the human habitation or occupation of a building or dwelling unit.

RENTAL UNIT. An accessory detached, attached, or internal accessory living quarters, for rental purposes only, which contains provisions for living, sleeping, eating, cooking and sanitation, located on the same lot or parcel as the principal dwelling unit. Accessory living quarters used to house guests, family members or caretakers are not considered rental units.

RESERVOIR. A pond, lake, basin, or other space, either natural or created in whole or in part by engineered walls or structures, which is used for storage, regulation and control of water for recreation, power, flood control or drinking. Sometimes called impoundment.

RESIDENTIAL CARE HOME. A dwelling unit, or portion thereof, used and licensed by the State of California or the County of San Mateo, for the care of up to six persons, including overnight occupancy or care for

extended time periods, and including all uses defined in §§ 5115 and 5116 of the California Welfare and Institutions Code, or successor legislation.

ROAD. Any public or private thoroughfare which affords the principal means of access to abutting properties and shall include all of the following categories of roads:

(1)

ARTERIAL. A road designed for the safe movement of through traffic with intersections at grade but with limited direct access.

(2)

COLLECTOR. A road usually with no limitations placed on access to abutting properties. A collector may function as a feeder and/or connector between arterial roads.

(3)

CUL-DE-SAC. A road designed primarily for access to abutting properties and not for general traffic use, having one outlet for vehicles and not designed for extension at a later date.

(4)

DEAD-END ROAD. Any road having one outlet for vehicular traffic but which may be designed to permit its extension at a later date.

(5)

MINOR RURAL ROAD. A road designed to carry a minimum amount of traffic and utilizing a narrow rightof-way and pavement width for the purpose of retaining to the greatest extent possible the natural terrain and vegetation and to protect the privacy of the abutting properties. MINOR RURAL ROAD may also include culs-de-sac and dead-end roads.

(6)

EXPRESSWAY. A road of general Town or county importance which is a limited access road carrying major traffic through several areas.

(7)

FREEWAY. A divided arterial highway for through traffic, with direct access to abutting property prohibited, and with fully controlled access at connecting streets.

(8)

PRIVATE ROAD RIGHT-OF-WAY. A road, not dedicated to and accepted by the Town as part of its public road system, which is privately owned, and which serves three or more residential parcels for purposes of ingress and egress.

ROAD OF VISIBILITY. The road, whether public or private, from which a proposed structure is most visible or has the greatest visual impact as determined by the Planning Director.

SERVICE STATION. An establishment offering the sale of gasoline, oil, diesel, ethanol, or other fuels, and minor accessories, and minor repair services for the operation of motor vehicles, but not including painting, body work, steam cleaning, or major repairs.

SETBACK. An open space on the same lot as a main structure, unoccupied and unobstructed from the natural ground upward, except as otherwise provided in this title, including a Front setback, side setback, rear setback, or space between structures.

SETBACK, FRONT. An open space extending across the full width of a lot, the depth of which is the horizontal distance between the front property line to the nearest wall of any main building or structure on the lot.

SETBACK, REAR. An open space extending across the full Width of a lot, the depth of which is the horizontal distance between the most rear main building on the lot and the rear lot line.

SETBACK, SIDE. An open space between the side lot line and the nearest building line, extending from the front setback to the rear setback.

SHED ROOF. A single pitch building roof that slopes downward in a single direction with a minimum pitch of 2:12.

SIGN. Any writing, pictorial representation, symbol, trademark, flag, display, or other device and/or structure which is used to advertise, communicate, announce, identify, or direct attention and which is visible from outside a building.

SIGN AREA. The area of a sign which is an integral part of a building, wall, awning, canopy, marquee, or other part of a structure, measured on the shortest line drawn to encompass components of the sign, including all intervening and enclosed open spaces. The area of all other signs shall be the largest area measured by a line encompassing all portions of the sign, including the background and tubing, but excluding the supporting posts and attached lighting. In computing the area of a double-faced freestanding sign, only one face of the sign shall be included provided the two faces are parallel and not more than 18 inches apart at any one point.

. The area of all other signs shall be the largest area measured by a line encompassing all portions of the sign, including the background and tubing, but excluding the supporting posts and attached lighting. In computing the area of a double-faced freestanding sign, only one face of the sign shall be included provided the two faces are parallel and not more than 18 inches apart at any one point.

SIGNIFICANT TREE. Any living tree that has a trunk circumference, measured 48 inches above mean natural grade, greater than the size in inches in the table below. (For Madrone, Blue Oaks, and Buckeye trees only, if multiple trunks have developed by 48 inches above grade, the measure of circumference shall be the sum of the circumferences of all of the trunks. For California Bay Laurel trees, the measurement pertains only to the largest of multiple trunks.)

SLOPE. The steepness of terrain defined as the ratio between the horizontal and vertical distances and expressed in percent, degrees, or a numerical ratio.

SLOPE, GROSS AVERAGE. The average ground slope of the entire lot, as expressed by the formula:

S = (0.00229IL)/A

where,

S = Gross average slope in percent

I = Contour interval in feet

L = Combined length of the contour lines in feet; and

A = The gross area in acres of the parcel or lot.

Measurements along contours shall be made at contour intervals not to exceed ten feet, and a horizontal map scale of one inch equals 200 feet or larger.

SLOPE, NET AVERAGE. The average ground slope of the net lot area when all areas with slopes in excess of 35 percent are removed, as expressed by the formula:

S[N] = (0.00229IL)/N

where,

S[N] = Net average slope in percent

I = Contour interval in feet

L = Combined length of the contour lines in feet; and

N = The net area in acres of the parcel or lot when all areas with slopes in excess of 35 percent are removed

Measurements along contours shall be made at contour intervals not to exceed ten feet, and a horizontal map scale of one inch equals 200 feet or larger.

STABLE, PRIVATE. A building, or portion thereof, designed or used for the housing or feeding of livestock for private use and accessory to the principal use allowed on the parcel, subject to all the provisions of Chapter 115 of this Code.

STABLE, PROFESSIONAL. Any establishment regularly providing services or facilities for the keeping or use of horses, other than for private use, as regulated and defined by Sections 115.15 through 115.17 of this Code.

STANDING SPACE. An area of 3½ square feet of floor area used by standing patrons of establishments which sell alcoholic beverages or food.

STORY. The vertical space within a building between the surface of a floor and the surface of the floor next above or, if there is no floor above, the roof, but not including attic or underfloor space.

STREAM CORRIDOR. A horizontal distance of 50 feet, measured from each side of the center line of the stream, or a horizontal distance of 25 feet, measured from the top of the stream or creek bank, whichever is greater. The Planning Commission may establish greater horizontal measurements for specific stream corridors.

STREAM OR CREEK BANK. The point at which the break in slope occurs.

STRUCTURAL ALTERATION. Any change in supporting members of a building, including, but not limited to, bearing walls, columns, beams, girders, floor or ceiling joists, roof rafters, foundations, piles, retaining walls, or similar building components, and shall also include any change in the roof or exterior lines.

STRUCTURE. Anything which is built or constructed and requires a location on the ground, including a building or edifice of any kind and any piece of work artificially built up or composed of parts, including swimming pools, fences, and walls.

STRUCTURE, MAIN. A building or structure housing the principal use of a site or functioning as the principal use.

STUBBING. Removal of the top of the tree or trimming of its branches to a point that the life of the tree is threatened.

SUBDIVIDER. The individual or legal entity which causes land to be subdivided for himself, itself, or others.

SUBDIVISION. The division of any unit of land, or portion thereof, into two or more lots or building sites for the purpose of sale, lease, or financing.

SUPPORTIVE HOUSING. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite 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 (Government Code § 65582(g)).

SWIMMING POOL, PRIVATE. Any constructed or prefabricated structure for the containment of water used for swimming or bathing that is 24 inches or more in depth with a filtration system and a control drain and is located on the site of a private residence for the exclusive use of residents of the site and their guests.

TARGET POPULATION. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people (Government Code § 65582(i)).

TOTAL FLOOR AREA (TFA). The combined floor area of a building or buildings on a lot or building site in square feet. Each residential zoning classification contains a maximum TFA limit. The maximum total floor area limits are defined in Section 153.206(A) and floor area is measured as described in Section 153.206(B). Lot area is defined in Section 153.205(A).

TOWN. The Town of Woodside, California.

TOWN CENTER. The area designated as Town Center in the General Plan.

TRANSITIONAL HOUSING. Buildings configured as rental housing developments, 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 (Government Code § 65582(j)).

TREE DESTRUCTION. The cutting of significant trees to the ground or to stumps, complete extraction, killing by chemical application, stubbing, girdling, placing fill within the drip line, other actions which threaten the life of the tree, or other willful actions that result in the premature death of the tree.

TRELLIS. A construction of where 50 percent or more of the surface plane of the structure remains open to the outside and over which plants may be trained.

TURNOUT. A fenced area for the confinement of horses.

USE. The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged or for which either a site or structure is or may be occupied or maintained.

USE, ACCESSORY. The use of a building, or site, or a portion of a building or site, which is incidental to the principal use conducted on or occupying a site.

USE, COMMERCIAL. Businesses that primarily serve the day-to-day needs of the local community. Secondarily, low-intensity, small scale office use is acceptable.

USE, CONDITIONAL. A use of land or structure which is permitted under this chapter only after the applicant secures a use permit.

USE, INSTITUTIONAL, PUBLIC and QUASI-PUBLIC. Educational, governmental, and institutional uses, such as schools, libraries, places of worship, meeting halls, and public parks.

USE, PERMITTED or PRINCIPAL. A primary use of land or structure permitted without the need to secure additional zoning permits.

WALL. An upright structure of wood, stone, brick, or other substance or combination of substances serving to enclose, divide, or support and usually having greater mass than a fence. Wall shall include wing wall which shall mean a wall extending from a pylon to form an entrance way.

WATER SUPPLY LAND. Land devoted to the protection of the water quality as an adjunct to a water supply system.

WET BAR. A countertop equipped with running water and a sink that does not include a permanent stove/conventional oven, but may include appliances such as a refrigerator or a dishwasher.

WINERY. An agricultural processing facility used for:

(1)

The fermenting and processing of fruit juice into wine; or

(2)

The refermenting of still wine into sparkling wine.

WOODSIDE HILLS HOMES ASSOCIATION. Properties within the boundaries shown on Map "Woodside Hills Homes Association" supported by the Woodside Hills Homes Association Articles of Incorporation, originally published in 1951 and amended in 1992.

(1975 Code, § 9-2.105) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1990-430, effective 5-10-90; Am. Ord. 1991-441, effective 3-12-91; Am. Ord. 1991-451, effective 1-9-92; Am. Ord. 1997-486, effective 6-26-97; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2005-525, effective 5-12-05; Am. Ord. 2006-534, effective 1-11-07; Am. Ord. 2007-535, effective 3-29-07; Am. Ord. 2012-553, effective 8-23-12; Am. Ord. 2012-554, effective 8-23-12; Am. Ord. 2012-557, effective 12-27-12; Am. Ord. 2012-558, effective 1-10-13; Am. Ord. 2013-559, effective 3-14-13; Am. Ord. 2014-563, effective 2-13-14; Am. Ord. 2015-566, effective 6-11-15; Am. Ord. 2017-582, effective 2-23-17; Am. Ord. 2017-584, effective 4-13-17; Am. Ord. 2017-585, effective

4-27-17; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2018-596, § 2(Exh. A, §§ I, III), effective 10-26-18; Am. Ord. 2020-604, § 2(Exh. A), effective 2-27-20; Am. Ord. 2020-608, § 2(Exh. A), effective 4-23-20; Am. Ord. 2020-610, § 3, effective 8-13-20; Am. Ord. 2020-612, § 2(Exh. A), effective 10-22-20; Am. Ord. 2021616, § 2(Exh. A, § I), effective 3-11-21; Am. Ord. 2022-623, § 2(Exh. A), effective 2-10-22; Ord. No. 2024639, § 2 (Exh. A), effective 10-24-24; Ord. No. 2025-643, § 2 (Exh. A), effective 2-13-25; Ord. No. 2025-647, § 2 (Exh. A), effective 5-8-25)

153.100 - ZONING DISTRICTS AND USES

Sec. 153.101 - Establishment of Zoning Districts.

The following zoning districts into which the Town is divided are established in order to provide a range of adequate housing opportunities, and commercial services to meet day-to-day needs, and a high degree of environmental quality for all economic segments of the community and are designated as follows:

(1975 Code, § 9-2.106) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1988-376, effective 12-8-88; Am. Ord. 1989-394, effective 10-12-89; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2015-565, effective 2-26-15; Ord. No. 2024-639, § 2 (Exh. A), 10-24-24; Ord. No. 2024-640, § 2 (Exh. A), effective 10-24-24; 2025-646, § 2 (Exh. A), effective 3-27-25)

Sec. 153.102 - Classification of zoning districts.

(A)

The SCP District applies to certain lands designated in the General Plan diagram and text as "problem areas" and other land with similar characteristics as designated by the Planning Commission where more than one significant problem exists. The Special Conservation Planning (SCP) Districts are special rural residential classifications where the minimum lot size is either five acres, 7½ acres, or ten acres, and where minimum lot size for newly created lots shall increase as the average slope of the lot increases for lots over

15 percent average slope where the provisions of Section 153.414 of this chapter apply. The purpose of the SCP District is to provide for reduced human densities for lands containing characteristics such as, but not limited to, steep hillsides, geological hazards, difficult road access, or soil or water problems, and to implement the policies of the General Plan. Below are guidelines for SCP District classification.

(1)

Findings.

(a)

In 1988, the Town Council adopted a revised Woodside General Plan. Said General Plan set forth certain policies for evaluating lot densities, goals for development, defining environmentally sensitive areas and the constraints found therein.

(b)

Also in 1988 and 1989, the Town staff did a detailed study of the various constraints as identified in General Plan Policy 2111. A constraints map of the Town was prepared (herein the "Map"). The most constrained areas were compared with other zoning districts to determine whether their zoning designation reflected the level of constraints shown for the property. It was determined that areas with greater constraints were zoned with a similar density to areas less constrained.

(c)

A broader range of districts for environmentally sensitive areas were created for the SCP Zoning District as set forth in division (A)(1) above, which districts were created to allow residential density to be varied in the SCP District according to environmental constraints.

(d)

In order to provide greater consistency with the General Plan, and to provide guidelines for application of the SCP Zoning classifications the following regulations shall apply:

(2)

Constraints/definitions. Environmental constraints have been identified in the Town. The Town's Constraints Map, dated April, 1988, on file with the Town Clerk, is incorporated herein by reference. The constraints which have been identified are relevant to the public health, safety and welfare of the residents of the Town. The constraints and their definitions are as follows:

(3)

Application of constraints. In order to control the density of development on more constrained property, and protect the health, safety and welfare of persons and property, the following zoning classifications shall be applied in the SCP District consistent with the greater number of identified constraints:

(4)

Further reduction of lot density. In addition to the minimum lot sizes in the SCP Zoning District, lot density may be further reduced at the time of any subdivision of such property pursuant to the applicable rules and regulations of the Town in effect at the time of subdivision.

(5)

Identification of constraints. Identification of constraints affecting a parcel shall be determined by the Planning Director, with the assistance of Town staff. The Planning Director shall make such determination in accordance with the following procedure:

(a)

Ascertain the constraints affecting the parcel;

(b)

Ascertain the percentage of the parcel subject to one constraint, then two constraints, and then to each respective multiple of constraints thereafter, up to a maximum of six constraints.

(c)

A parcel shall be identified as having a total number of constraints, for classification purposes, equal to the number of constraints shown for 50 percent or more of the parcel's area, counting backwards from the areas subject to the greatest number of constraints.

For example: A parcel of 600 acres is identified as having 15 percent (90 acres) with constraints, 20 percent (120 acres) with constraints, 60 percent (360 acres) with constraints, five percent (30 acres) with constraints and zero percent with (five or six) constraints. Counting backwards from the higher number of constraints 50 percent of the property is reached with three constraints. This property would be assigned to the SCP 7.5 District Classification.

(d)

In addition, a parcel shall be classified as if 50 percent of its property were subject to one additional constraint where the total parcel is subject to four or more constraints.

For example: In the 600-acre parcel above, there are constraints applicable to the property. Instead of being classified with constraints, as are applicable to 50 percent of its area, it would be classified with constituents due to the greater number (four or more) of constraints that apply overall to the property. It would be classified therefore in the SCP-10 District Classification.

(B)

The RR District is a rural residential classification where the minimum three-acre lot size requirement, for newly created lots, shall increase as the average slope of the ground increases where the provisions of Section 153.414 apply. The purpose of the RR District is to preserve the Town's primarily rural single-family character.

(C)

The SR District is a suburban residential classification where the minimum one-acre lot size requirement, for newly created lots, shall increase as the average slope of a lot increases where the provisions of Section 153.414 of this chapter apply. The purpose of the SR District is to provide suburban residential opportunities within the Town's predominately rural setting.

(D)

The R-1 District is a residential classification where the minimum 20,000 square feet lot size requirements, for newly created lots, shall increase as the average slope of a lot increases where the provisions of Section 153.414 of this chapter apply. Note: Newly created lots in the R-1 District shall comply with the slope density requirements for the SR District in Section 153.414.

(E)

The MF District is a multi-family residential classification that, pursuant to Government Code Sections 65583.2(h) and (i), permits development without discretionary action and requires a minimum of 20 residential units per acre and a maximum of 25 units per acre when at least 20 percent of the units are affordable to lower income households. Developments of up to 20 units per acre will also be allowed if at least 60 percent of units are affordable to lower income households and the remaining units are affordable for moderate income households and at least 16 units total are provided.

(F)

The MF-20 District is a multi-family residential classification intended to accommodate residential housing and allows up to 20 residential units per acre.

(G)

The MFRZ District is a multi-family residential classification that allows development of up to 20 residential units per acre on portions of the San Mateo Community College-Cañada College Campus identified on the Town zoning map.

(H)

The Multi-Family Residential Development Overlay Zone (MFOZ) is an overlay district applied to the San Mateo Community College-Cañada College Campus parcels. The overlay zone allows multi-family residential development of up to 20 units per acre on portions of the Cañada College campus parcel zoned as MFRZ. Multi-family housing may only be proposed on any portion of the campus with a zoning amendment to establish an MFRZ on the specific area zoned for MFRZ. Any portion of the campus with an MFRZ designation shall be subject to the objective design standards established for the Cañada College Campus.

(I)

The CC District is a commercial classification designating uses which have the probability of primarily serving the frequent recurring day-to-day needs of the local community.

(J)

The Open Space Zone Districts, OSH, OSN, OSRL, OSRM and OSM, have no minimum lot size. The purpose of the OSH, OSN, OSRL, OSRM and OSM Districts are to implement the polices of the open space element of the General Plan, principally to conserve open space for the preservation of natural resources, outdoor recreation and the public health and safety. The provisions of Section 153.414 of this chapter shall not apply to lots in the OSH, OSN, OSRL, OSRM and OSM Districts.

(K)

(1)

Definition of Planned Community Commercial District. A Planned Community Commercial District is intended to govern and accommodate various types of commercial development, as may be allowed in a Community Commercial District ("CCD"), while allowing greater flexibility in design and planning consistent with the General Plan. Any commercial development that is a subject of an application for enactment of a PCCD under the ordinance codified in this section is hereinafter referred to as a "Project." A PCCD is further intended to obtain substantial public benefit and to provide for maximum review of any proposed project by the Town Council and the agencies of the Town.

(2)

Relationship of Planned Community Commercial District to Community Commercial District. All or any part of a CCD may be designated under the provisions of this chapter as a PCCD. One or more PCCDs may exist within a CCD.

(3)

Alternative rules for governing a PCCD. A PCCD may be governed solely under existing zoning ordinances, applicable to a CCD ("CCD Rules") or under rules that may be established specifically for the purposes of the PCCD as provided in this chapter ("PCCD Rules"). The PCCD Rules may incorporate all or part of the CCD Rules under the terms and conditions established in division (G)(2) above.

(1975 Code, § 9-2.107) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1989-385, effective 4-13-89; Am. Ord. 1989-389, effective 9-1-89; Am. Ord. 1989-393, effective 10-12-89; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-553, effective 8-23-12; Am. Ord. 2015-565, effective 2-26-15; Am. Ord. 2017-589, effective 8-24-17; Ord. No. 2024-639, § 2 (Exh. A), effective 10-24-24; Ord. No. 2024-640, § 2 (Exh. A), effective 1024-24; 2025-644, § 2, effective 1-14-25; 2025-646, § 3 (Exh. A), effective 3-27-25)

Sec. 153.103 - Zoning Map.

A map entitled "Zoning Map, Town of Woodside" is incorporated by reference, made a part of this chapter, and designated as Section 153.103. The zoning map shall be available for public inspections at the Town Hall under the same terms and conditions as other public documents.

(1975 Code, § 9-2.108) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17; Ord. No. 2024-639, § 3 (Exh. B), effective 10-24-24; Ord. No. 2024-640, § 3 (Exh. B), effective 10-24-24)

Sec. 153.104 - Zoning district boundaries.

The boundaries of the zoning districts shall be shown on the zoning map maintained in the office of the Planning Department. Where any uncertainty exists as to the boundary of a district as shown on the zoning map, the following regulations shall apply:

(A)

Where a boundary line is indicated as following a road, the boundary line shall be construed as following the road right-of-way center line.

(B)

Where a boundary line appears to follow or coincides approximately with a lot line or property ownership line, the boundary line shall be construed as following the line or property ownership line.

(C)

Where a boundary line is not indicated as following a road and does not follow or coincide approximately with a lot line or property ownership line, the boundary line shall be determined by scaled measurement of the zoning map.

(D)

Where further uncertainty exists, the Planning Commission, upon a written application or on its own motion, shall determine the location of the boundary line in question, giving due consideration to the

location indicated on the zoning map, the objectives of the General Plan, and the purposes set forth in the zoning district regulations.

(1975 Code, § 9-2.109) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.105 - Prezoning of adjoining unincorporated territory.

(A)

Where adjoining unincorporated land has been prezoned in accordance with the procedures prescribed in the California Government Code, the zoning district applied by the prezoning action shall become effective when such lands are annexed to the Town.

(B)

Where a prezoning action has not been taken, all land or territory annexed to the Town, simultaneously with such action, shall be classified in the SCP District and shall be so shown on the zoning map until such time as the property is rezoned to a district consistent with its use and with the General Plan.

(1975 Code, § 9-2.110) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99)

Sec. 153.106 - Conformity required.

Except as otherwise provided in this chapter:

(A)

No structure shall be erected, reconstructed, relocated, or structurally altered to have a greater height or bulk or to cover a greater proportion of the lot upon which it is situated under the limitations set forth in this chapter for the district in which such structure is located. If such structure, on or before August 12, 1980, is larger than the maximum otherwise permitted under the provisions of this chapter, the structure shall not be further increased in such height, bulk, or parcel coverage, except as provided in Section 153.236(B).

(B)

No structure shall be erected, reconstructed, relocated, or structurally altered which would result in smaller yards than permissible under the limitations set forth for the district in which such structure is located, except as provided in Sections 153.236(C) and 153.237.

(C)

No setback, off-road parking space, or loading space for any structure or upon any lot shall be reduced below the minimum requirements set forth for such setback, parking space, or loading space. If already less than the minimum required for the district in which each is located, there shall be no further intrusion into the required setback area.

(D)

No lot shall be used for a principal use, conditional use, or accessory use, except:

(1)

Lots shown on a land division or subdivision map approved by the Town; and

(2)

Lots which are excepted from the area requirements of this chapter by Section 153.205(C).

(1975 Code, § 9-2.111) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.107 - Residential and commercial zoning districts: permitted, conditional, and accessory uses.

The table set forth in this section indicates by the symbol "X" the permitted, conditional and accessory uses allowed in each district. Uses not listed in the table under any case category, shall not be permitted under this chapter unless the Planning Commission determines that the use is similar to the uses listed in the table.

TABLE A-3: Accessory Uses in Residential and Commercial Zoning Districts

(1975 Code, § 9-2.112) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1989-399, effective 10-12-89; Am. Ord. 1991-451, effective 1-9-92; Am. Ord. 1995-478, effective 4-23-95; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2001-510, effective 6-7-01; Am. Ord. 2003-518, effective 7-24-03; Am. Ord. 2005-525, effective 5-12-05; Am. Ord. 2012-554, effective 8-23-12; Am. Ord. 2012-557, effective 12-27-12; Am. Ord. 2012558, effective 1-10-13; Am. Ord. 2013-559, effective 3-14-13; Am. Ord. 2015-565, effective 2-26-15; Am. Ord. 2015-566, effective 6-11-15; Am. Ord. 2015-567, effective 7-9-15; Am. Ord. 2015-569, effective 1-716; Am. Ord. 2017-582, effective 2-23-17; Am. Ord. 2017-585, effective 4-27-17; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2018-594, § 2, effective 5-24-18; Ord. No. 2024-639, § 2 (Exh. A), effective 1024-24; Ord. No. 2024-640, § 2 (Exh. A), effective 10-24-24; 2025-646, § 3 (Exh. A), effective 3-27-25)

Sec. 153.108 - Open space zoning districts: Permitted, conditional, and accessory uses.

The table set forth in this section indicates by the symbol "X" the permitted, conditional and accessory uses allowed in each district. Uses not listed in the table under any case category, shall not be permitted under this chapter unless the Planning Commission determines that the use is similar to the uses listed in the table.

TABLE B-1: Permitted Uses and Structures in Open Space Zoning Districts

TABLE B-2: Conditional Uses in Open Space Zoning Districts

Natural gas fueling dispensers to serve vehicles for the Principal Permitted or conditional use

X

X

X

X

X

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2017-591, effective 12-14-17)

Sec. 153.109 - Planned Community Commercial District.

(A)

Imitation of a PCCD: Application for creation. A PCCD may be established as an overlay zoning district for property which is within a CCD in accordance with the procedures set forth in this chapter for amendments of the Town zoning ordinance. Application for a PCCD may be made at any time by any one of the following parties:

(1)

The Town Council;

(2)

The Planning Commission; or

(3)

Any holder of a fee or possessory interest in any of the real property located in a CCD.

(B)

Establishment and scope of PCCD rules. Any applicant for the establishment of a PCCD may seek approval for the imposition of PCCD rules on that PCCD from the Town Council and the Planning Commission (the "reviewing bodies") pursuant to division (D) below. Notwithstanding any other provision of this section, however, no PCCD rule shall change or deviate from the applicable height and parking standards of the CCD rules, and, without limiting the foregoing, no PCCD rule shall deviate from any other quantified CCD rule by more than 25 percent. Upon such approval of the proposed PCCD by the reviewing bodies, the PCCD rules shall become a part of the zoning ordinances of the Town.

(C)

Conceptual plan. Each application for the establishment of a PCCD shall be accompanied by a conceptual plan in written and graphic form (a "conceptual plan"). Upon approval of the proposed PCCD by the reviewing bodies pursuant to division (D) below, the conceptual plan shall become a part of the zoning map of the Town.

(1)

Elements of a conceptual plan. Each conceptual plan shall show the following information in respect of any project in graphic or schematic form in a scale reasonably satisfactory to the Planning Director:

(a)

Land uses;

(b)

Location of new and existing buildings, structures and building groups;

(c)

Architectural plans, elevations and cross sections in standard schematic format;

(d)

Floor area ratios and maximum heights of proposed new buildings and structures;

(e)

Vehicular, equestrian, bicycle and pedestrian circulation systems, including preliminary street crosssections;

(f)

Location and type of existing and proposed landscaping, including identification of any trees to be removed;

(g)

Narrative and graphic depiction of the relation to and impact on present and future (u contemplated by the General Plan) land use in surrounding area;

(h)

Narrative and graphic depiction of proposed off-street parking, including the location and number of parking spaces and the proposed ratio of parking spaces to number of persons using project facilities;

(i)

Any additional data as may be reasonably required by the Planning Director to analyze the application for the PCCD in respect of the requirements and goals of this section.

(2)

Submission of conceptual plan to Architectural and Site Review Board. The conceptual plan (together with any proposed PCCD rules) shall be submitted by the applicant to the Architectural and Site Review Board ("ASRB") for its review and report of its recommendations to the Planning Director.

(3)

Requirements for additional information to be submitted with proposed PCCD rules or conceptual plan. The Town Council, the Planning Commission or the Planning Director may, at any time before any proposed PCCD rules or conceptual plan are finally approved, require an applicant to submit information, in addition to that required to be submitted as part of the conceptual plan or otherwise required by this section, which will reasonably assist the reviewing bodies to determine the substantial conformity of the proposed project with the General Plan and to make or fail to make the findings required under division (H) below. Such additional information may include without limitation data concerning whether the project is economically feasible or any information suggested by the ASRB in its report to the Planning Director.

(D)

Approval of PCCD rules and conceptual plan. Each conceptual plan and, if applicable, any proposed PCCD rules shall be required to be approved by the Planning Commission and, thereafter, by the Town Council.

(E)

Conditional use permit and specific development plan. A conditional use permit shall be required for any and all uses in a PCCD.

(1)

Conditions to development. An application for a conditional use permit under this section shall include a specific development plan covering the entire PCCD and all projects proposed to be located therein (the "specific development plan"). No construction or other development shall commence within the proposed PCCD until the Planning Commission and then the Town Council shall approve the specific development plan. The specific development plan, upon approval by the reviewing bodies, shall become a part of the subject conditional use permit.

(2)

Time for submission of specific development plan. The applicant shall submit the application for approval of a specific development plan within one year following the adoption of the conceptual plan for the proposed PCCD.

(3)

Elements of specific development plan. The specific development plan shall include the following elements:

(a)

A map showing the existing topography and the proposed topography of the project at one-foot contour intervals, or as otherwise approved by the Town Planning Director's staff;

(b)

A site plan for the entire area of the proposed PCCD showing:

1.

Vehicular, pedestrian, bicycle and equestrian, if applicable, circulation;

2.

Parking areas and the proposed ratio of parking spaces (off-street/on-street) to the number of persons using project facilities, all parking aisles, stall and curve radii dimensions and landscaped areas;

3.

Areas proposed for dedication for parks, parkways, playgrounds or public buildings;

4.

Landscaped public open space;

5.

Landscaped private open space;

6.

Placement of all proposed buildings and structures and property lines,

7.

A detailed tabulation of the densities;

8.

Any or all additional plans, diagrams and information, when deemed reasonably appropriate by the Planning Director, of the following types:

a.

An off-street parking and loading plan;

b.

A circulation diagram showing proposed movement of vehicles, pedestrians, bicycles, equines and goods within the proposed PCCD and to and from adjacent public thoroughfares;

c.

Information and diagrams showing special engineering features and traffic regulation devices needed to facilitate or [ensure] the safety of movement of vehicles, pedestrians, bicycles, equines and goods;

d.

A landscaping and tree planting plan showing, inter alia, the approximate location, type and size of tree and plant materials to be retained or installed;

e.

An engineering site grading plan showing proposed finished grades, public improvements and site drainage;

f.

A detailed engineering improvement plan showing public utilities within the proposed PCCD, including provisions for off-site connections and facilities necessary to serve the project;

g.

A written statement describing proposed recreation and open space areas, including proposals for ownership, development and maintenance thereof;

(c)

Complete preliminary architectural plans, elevations and cross sections;

(d)

A development schedule providing the following:

1.

The approximate date on which construction of any proposed project within the PCCD can be expected to begin.

2.

The anticipated rate of development.

3.

The anticipated completion date.

Such schedule, if approved by the reviewing bodies in the course of approval of the conditional use permit, shall be known as the development schedule.

(F)

Applications by Town Council or Planning Commission. Notwithstanding the requirements of divisions (B), (C) and (E) above, a PCCD initiated by the Planning Commission or the Town Council shall require only a

graphic conceptual plan containing, at the discretion of the Town Council, all or part of the information required under division (C) above.

(G)

General development standards and requirements. Notwithstanding any other provisions of this section, all projects shall be subject to the goals, policies, standards and requirements, taken from and referring to paragraphs of the General Plan, that are set forth in Exhibit A that is appended to the ordinance codified in this section and hereby incorporated herein.

(H)

Findings.

(1)

Conformity to General Plan. As a condition to approval of a conceptual plan, any PCCD rules or a conditional use permit under the provisions of this section, the Planning Commission or the Town Council, as the case may be, shall make all of the following findings with respect to the matter under consideration:

(a)

The conceptual plan, PCCD rules or conditional use permit, as the case may be, and any proposed project will conform to the General Plan, including without limitation all of the goals, policies, standards and requirements set forth in division (G) above;

(b)

The uses proposed for the PCCD will not be detrimental to present and planned uses of surrounding property, as the latter are described in the General Plan;

(c)

The PCCD and any projects proposed therefor will be consistent with the applicable provisions of Section 153.927;

(d)

The PCCD and any projects proposed therefor will not have a materially adverse and unmitigatable impact on finances of the Town.

(2)

Special findings regarding PCCD rules. If any PCCD rules are to be adopted, then in addition to the findings required under division (H)(1) above, the Planning Commission or the Town Council, as the case may be, shall make all of the following findings with respect to the matter under consideration: The proposed PCCD rules will result in or permit a public benefit exceeding the public benefit that would result if the PCCD were governed solely under the CCD rules. For the purposes of this section, examples of such benefits may include but not be limited to the providing of:

(a)

Landscaping or open space;

(b)

On-site or off-site public improvements such as trails, pathways, off-road parking or retail services for local residents; or

(c)

Off-site public improvements not normally required as part of a commercial development.

(3)

Special findings regarding Conditional Use permits. If an application for a conditional use permit is to be approved, then in addition to the findings required under division (H)(1) above, the Planning Commission or the Town Council, as the case may be, shall also find with respect to the matter under consideration that the specific development plan conforms to the conceptual plan approved in respect of the proposed PCCD.

(I)

Amendment of elements of PCCD.

(1)

Changes in conceptual plan. Changes in the conceptual plan shall be considered the same as changes in a zoning ordinance and shall be made in accordance with the procedures set forth in Sections 153.961 through 153.965.

(2)

Changes in specific development plan. Changes in the specific development plan shall be considered the same as changes in a use permit and shall be made in accordance with the procedures set forth in Sections 153.921 through 153.930.

(J)

Forfeiture of conditional use permit. A conditional use permit granted under this section shall become null and void unless the development schedule is met in all respects. For good cause shown by the person to whom the conditional use permit has been issued in a writing delivered to the Town Clerk prior to the expiration of the development schedule, the Town Council may extend the limits imposed by the development schedule in accordance with Sections 153.961 through 153.965. Extensions of the conditional use permit may be granted for up to one year at the discretion of the Town Council, provided that such extensions shall not exceed two years cumulatively.

(K)

Rezoning. If, in the opinion of the Planning Commission or the Town Council, a private applicant shall at any time fail to meet any requirement of the applicable conditional use permit other than the requirements of the development schedule, then, notwithstanding the granting of any extensions pursuant to division (G) above, upon a written recommendation by the Planning Commission to the Town Council, or upon motion of the Town Council, as the case may be, the Town Council may initiate proceedings under Sections 153.961 through 153.965 to rezone the property to another zoning district which shall conform to the General Plan.

(L)

Relationship of PCCD ordinance to other ordinances. Unless expressly provided otherwise in this chapter, the general provisions of the Town zoning ordinance which apply to all zones shall also apply to PCCDs.

(M)

Application and fees. Applications for establishment of a PCCD in accordance with the provisions of this chapter shall be made by the applicant or any duly authorized agent thereof on forms to be prescribed by the Town and shall be accompanied by fees to be established by resolution adopted by the Town Council.

(1975 Code, § 9-2.112.1) (Ord. 1988-376, effective 12-8-88; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Sec. 153.110 - Multi-Family Residential Zoning District Development Standards.

(A)

Development within multi-family residential zoning districts, (MF, MF-20, and MFRZ), are subject to the development standards and requirements of this section.

(B)

Development standards and requirements.

(1)

The following standards shall be met by any proposed MF or MFRZ development:

(a)

Density. The allowable density shall be defined pursuant to Section 153.102 of this Code.

(b)

Site grading. Site grading may exceed 1,500 cubic yards without Planning Commission approval of an exception as outlined in Chapter 151.

(c)

Landscape screening buffer. For lots that share a property line with a single-family residential zoning district (R-1, SR, RR, or SCP), a ten-foot-deep landscape screening buffer shall be provided along the full length of the shared property line(s).

(d)

Garbage enclosures. All garbage storage areas shall be enclosed with a solid fence or wall that is six feet in height and 20 feet away from an adjacent single-family residential zoning district.

(e)

Lighting. No exterior lighting element shall be placed above the height of the ground-floor plate line, except when necessary to illuminate upper floor outdoor spaces, such as balconies or decks. All exterior lighting shall be directed downward and fully shielded. Lighting shall be placed so that the light will not shine directly on lands of adjacent properties.

(f)

Utility screening. Street-level views of ground-mounted utility cabinets and mechanical equipment shall be screened with landscape screening and/or a solid fence or wall that is at least the height of the item being screened, but in no case taller than six feet. Built screening shall be constructed with natural wood, or one or more of the materials used on the project building(s) façade.

(g)

Number of driveways. A site may have up to two driveways without Planning Commission approval of a second driveway exception outlined in Chapter 151. Additional driveways may be approved by the Town Engineer if required for emergency vehicle access.

(h)

Lot yield; slope density standards. Lot yield; slope density standards outlined in Section 153.414 do not apply to portions of land being subdivided for MF or MFRZ zoned properties identified on the Town zoning map.

(i)

Slopes in excess of 35 percent. Multi-family residential development may occur on slopes in excess of 35 percent without approval of a variance.

(j)

Fire safety and building regulations. All multi-family residential development shall be in compliance with the building and fire safety regulations contained in Chapter 150. An Emergency Evacuation Plan shall be required with a proposed development.

(2)

Objective design standards for Cañada College Campus Property. MFRZ development shall comply with objective design standards adopted by the Town Council for portions of the Cañada College property identified as MFRZ on the Town zoning map.

(3)

Objective design standards for 773 Cañada Road. MF development shall comply with objective design standards for portions of 773 Cañada Road identified on the Town zoning map.

(4)

Objective design standards for the Raymundo Drive Parcel. MF development shall comply with objective design standards for the Town-owned Raymundo Drive parcel (Assessor Parcel Number 072-041-040) identified on the Town zoning map.

(5)

Objective design standards for the High Road Parcel. MF development shall comply with objective design standards for the High Road parcel (Assessor Parcel Number 069-170-450) identified on the Town zoning map.

(C)

Evaluation criteria. The evaluation criteria for MF and MFRZ projects are the development standards and requirements provided in division (B)(1) of this section and objective design standards identified for specific MF and MFRZ sites, as provided in division (B)(2) through division (B)(5) of this section.

(D)

Amendment of an approved multi-family project. Any change to an approved multi-family project, shall be processed and reviewed following the same evaluation criteria and process described for MFRD review and approval in division (D) of this section, except for the conversion of existing space for an accessory dwelling unit, and/or construction of a new addition or structure for an accessory dwelling unit, which shall be by the Planning Director.

(E)

Lapse of permits. Lapse and extensions of permits issued under Section 153.110 shall be governed by Section 153.917, except that the Planning Director may issue up to two extensions of the formal design review permit for up to two years each, for a maximum extension of no more than four years.

(F)

Relationship of MF ordinance to other ordinances. Unless expressly provided otherwise in this section, the general provisions of the Town zoning ordinance which apply to all zones shall also apply to MF and MFRZ zones.

(G)

Application and fees. Applications for rezoning to MF or MFRZ shall be made by the applicant or any duly authorized agent thereof on forms to be prescribed by the Town and shall be accompanied by fees to be established by resolution adopted by the Town Council.

(Ord. 2015-565, effective 2-26-15; Am. Ord. 2017-585, effective 4-27-17; Am. Ord. 2017-589, effective 8- 24-17; Am. Ord. 2018-593, effective 4-26-18; Ord. No. 2024-639, § 2 (Exh. A), effective 10-24-24; Ord. No.

2024-640, § 2 (Exh. A), effective 10-24-24; 2025-644, § 3, effective 1-14-25; 2025-646, § 3 (Exh. A), effective 3-27-25)

Sec. 153.111 - Home occupations: Special requirements.

Home Occupations shall comply with the following regulations:

(A)

Such occupations shall be conducted by no more than two resident occupants entirely within either the main dwelling unit or accessory dwelling unit.

(B)

The total floor area used for home occupations shall not exceed one-fourth of the total floor area of the main residence or 400 square feet, whichever is less, regardless of where on the parcel such occupation is carried on.

(C)

No products shall be sold or stocked for sale other than those produced on the premises. No outdoor storage of material shall be permitted. No vehicle related to the home occupation larger than a threefourths ton truck nor more than two vehicles related to the home occupation shall be parked on the premises.

(D)

There shall be no show window, window display, or sign to attract customers or clients.

(E)

Home occupations shall not require internal or external structural alterations, nor shall construction features or mechanical equipment not customary in dwellings be permitted.

(F)

Home occupations shall not result in a change of the character of the dwelling or adversely affect the uses permitted in the residential district.

(G)

No equipment or process shall be used in a home occupation which equipment or process creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver or causes fluctuations in line voltages off the premises.

(H)

A home occupation shall not cause an increase in parking demand or a significant increase in pedestrian or vehicular traffic in the vicinity.

(I)

A home occupation shall not be conducted on any site unless a permit authorizing the use has been issued by the Town. An application for a home occupation permit shall be filed with the Town. No public hearing shall be required, but the public notice shall be the same as that for public hearings as set forth in Section 153.963 of this chapter. A home occupation permit shall be valid for a period of one year and shall be renewed annually. The provisions of Chapter 110 shall apply to all home occupations and the renewal of the home occupation permit shall be concurrent with the business license renewal.

(1975 Code, § 9-2.113) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1987-350, effective 10-8-87; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2003-519, effective 7-24-03; Am. Ord. 2017-589, effective 8-24-17)