Highlighted below: 413 of 650 extracted standards and 16 of 16 districts, chipped on their section headings. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

Chapter 15.05 - Zoning Regulations and Zoning Map#

15-05.010 - Adoption of zoning regulations and zoning map.#

(a) This Chapter establishes comprehensive zoning regulations for the City, which regulations shall consist of the following:

(1) Regulations, known as zoning regulations, governing the use of land and the placement of buildings and improvements within the various classes of districts; and

(2) A set of maps, referred to collectively as "the zoning map" and individually by map title, establishing and delineating various classes of districts within the City.

(3) A set of reference documents. Such documents, filed in Appendix A to this Chapter, are incorporated herein by reference and constitute a part of this Chapter.

(b) The zoning regulations and zoning map shall govern the use of land, including the construction, alteration, movement, replacement or maintenance of buildings; the conduct and density of residential, commercial, industrial and public service activities; the areas and dimensions of sites; the appearance, design, height, bulk and placement of structures on each site; the provision of open space, amenities, off-street parking and loading; the relationships between buildings and uses on adjoining sites or within adjoining classes of districts; and such further aspects of land use and development as are appropriate to attain the purposes of this Chapter.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

15-05.020 - Purposes of Chapter.#

The purposes of this Chapter shall be to promote and protect the public health, safety, peace, comfort, convenience, prosperity and general welfare, including the following more specific purposes:

(a) To control the physical development of the City in such a manner as to preserve it as essentially a residential community with a rural atmosphere.

(b) To achieve the arrangement of land uses depicted in the General Plan.

(d) To promote the stability of existing land uses which conform with the General Plan, and to protect them from inharmonious influences and harmful intrusions.

(e) To ensure that public and private lands ultimately are used for the purposes, which are most appropriate and most beneficial from the standpoint of the City as a whole.

(f) To prevent population densities in excess of those prescribed in the General Plan, and to maintain a suitable balance between structures and open spaces on each site.

(g) To ensure adequate light, air and privacy for each dwelling unit.

(h) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them.

(i) To facilitate the appropriate location of community facilities and institutions.

(j) To provide for adequate off-street parking and loading facilities.

(k) To provide for the orderly, attractive development of commercial facilities in those areas where permitted by the General Plan.

(l) To exclude new industrial development in order to preserve the essential residential character of the City.

(m) To preserve natural beauty of the City.

(n) To ensure that uses and structures enhance their sites and harmonize with improvements in the surrounding area.

(o) To protect and enhance real property values within the City.

(p) To protect and preserve heritage, native, and other significant trees at all times, including, the real property development planning and implementation processes.

(Amended by Ord. 226 § 2 (part), 2003)

Article 15-05 — General Provisions#

15-05.030 - Application of Chapter.#

This Chapter shall apply to all property located within the City, except public streets, property and property rights owned by the City, railroad rights-of-way and underground public utility lines and facilities. With the above noted exceptions, this Chapter applies to all such property whether the same be owned by private persons, firms, corporations or organizations, or by the State or any of its agencies or political subdivisions, or by any County, or by any City with the exception of the City of Saratoga, and without limitation of the foregoing, is intended to apply fully to all property owned by or under the control of any authority or district, including school districts, organized under the laws of the State.

15-05.040 - Compliance with regulations.#

(a) No land shall be used, and no building or structure shall be erected, constructed, enlarged, altered, moved, or used in any district as shown on the zoning map except in conformity with the regulations for such district as established in this Chapter.

(b) Any approval required under this Chapter shall be conditioned upon compliance with all applicable City ordinances, regulations, and policies, including without limitation all applicable mitigation measures adopted in connection with environmental review of the proposed project or applicable plans.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-05.050 - Regulations minimal.#

In interpreting and applying the provisions of this Chapter, unless otherwise stated, the provisions shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

15-05.055 - Designation of uses; administrative interpretations.#

(a) The designation of permitted and conditional uses for each zoning district shall be interpreted to mean that any use which is not listed as being either a permitted or conditional use for such district is automatically prohibited.

(b) The Planning Director shall have authority to adopt administrative interpretations of the general categories of uses described in this Chapter. Such interpretations shall contain a list of particular activities which are classified as constituting a general category of use. Where a proposed activity is not listed, the Planning Director may amend his administrative interpretation to include the same, based upon his finding that:

(1) The proposed activity closely resembles the listed activities with respect to purpose, type, function and manner of operation; and

(2) The proposed activity is no more objectionable than the listed activities with respect to the level of noise, traffic, odors, disturbance, glare and other impacts normally associated with the listed activities; and

(3) The proposed activity is consistent with the general purposes of this Chapter and the specific purposes of the regulations for the zoning district in which the activity will be conducted.

Any administrative interpretation by the Planning Director hereunder may be appealed to the Planning Commission in accordance with the procedure set forth in Article 15-90 of this Chapter.

15-05.060 - Conflict with other regulations.#

(a) Where conflict occurs between the regulations established by this Chapter and the provisions of any other law, ordinance, code or regulation effective within the City, the more restrictive of any such provisions shall apply.

(b) The provisions of this Chapter are not intended to interfere with, abrogate or annul any easement, covenant or other agreement now in effect; provided, however, that where the regulations established by this Chapter impose a greater restriction than imposed by any easement, covenant or agreement, the provisions of this Chapter shall apply.

15-05.070 - Establishment and payment of application fees.#

Chapter 15 - Zoning#

Article 15-05 - Administration and Procedures#

15-05.070 - Fees and Costs#

The City Council shall, by resolution, establish a schedule of fees and costs for processing the various applications required by this Chapter. No application shall be deemed filed or complete until all documents required in connection with such application have been submitted and all required fees and costs have been paid in full.

15-05.075 - Planning Applications#

Any application for an approval pursuant to this Chapter shall be deemed abandoned if the City has requested payment of fees or costs or additional information in writing and there has been no response from the applicant within one hundred eighty days of the initial request, or a period required by statute for the submission of additional materials has passed without the required submittal. The City shall notify the applicant of the pending abandonment at least thirty days but no more than sixty days before it takes effect. The City shall return any unexpended funds on deposit. There shall be no refund of application fees for an abandoned application. An applicant may reapply at any time by submitting a new application and application fee.

(Ord. No. 413, § 1(Exh. A, § 22, 11-5-2025)

15-05.080 - Indemnification of the City; Liability Insurance#

(a) The approval of any application pursuant to this Chapter shall be subject to a condition that the applicant and the owner of the property to which the approval applies agree, upon the City's request, to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against:

(1) Any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to or in furtherance of said action; and

(2) Any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to construction, installation, alteration or grading work (whether on private or public property) which is the subject of the approval of the application and performed by such applicant and/or owner, their successors, or by any person acting on behalf of such applicant and/or owner.

In addition, prior to any Zoning Clearance from the Community Development Director, such applicant and owner shall execute an agreement implementing said condition, which shall be subject to prior approval as to form and content by the Community Development Director. If a defense is requested by the City, the City shall give prompt notice to such owner and applicant of the involved claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall prevent the City from providing its own defense, but if such defense is without the consent of the indemnifying party, the City shall pay its own attorney's fees and costs.

(b) The City may in addition require as follows with regard to the above-required agreement:

(1) Recordation of such agreement; and

(2) Proof of a policy or policies of liability and other insurance coverage (including, but not limited to, contractual liability coverage) consistent with the applicable insurance standards of the City, as established from time to time by resolution of the City Council.

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)

Article 15-06 - Definitions#

15-06.005 - Application of Definitions#

The definitions set forth in this Article shall be applied throughout this Chapter, unless the context or the provision clearly requires otherwise.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.010 - Abandon#

"Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, reconstructing, replacing, maintaining or otherwise improving or rearranging.

Article 15-06 - Definitions#

15-06.011 - Abatement#

"Abatement" means the act of eliminating the condition that causes a nuisance.

(Ord. 223 § 2 (part), 2003)

15-06.020 - Abutting#

"Abutting" means having property lines or district lines in common.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.021 - Access#

"Access" means a way or means of approach to provide vehicular or pedestrian physical entrance to a property.

(Ord. 223 § 2 (part), 2003)

15-06.022 - Accessory structure#

"Accessory structure" means a structure which is: (a) detached from any other structure such that the distance between any part of the two structures is thirty-six inches or more; and (b) incidental and subordinate to, and customarily associated with, the main structure or principal use on the lot. Notwithstanding the foregoing, an accessory dwelling unit is not an accessory structure as that term is used in this Code. No accessory structure is permitted in any zone district in the absence of an existing or concurrently established main structure or principal use on the lot.

(Ord. 223 § 2 (part), 2003; Amended by Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 348, § 1(Att. A, § 6), 1-18-2017)

15-06.023 - Accessory use#

"Accessory use" means a use of land or a building or portion thereof incidental and subordinate to the principal use of the lands or building and located on the same lot with the principal use.

(Ord. 223 § 2 (part), 2003)

15-06.024 - Acre#

"Acre" means a measure of land area containing forty-three thousand five hundred sixty square feet.

(Ord. 223 § 2 (part), 2003)

15-06.030 - Addition#

"Addition" means any construction which increases the size of a structure in terms of site coverage, height, or floor area.

(Amended by Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)

15-06.035 - Alcoholic beverage#

"Alcoholic beverage" means any beverage, as defined per Section 23004 of the State of California Business and Professional Code that requires a license from the California Department of Alcoholic Beverage Control to make, sell, or distribute.

(Ord. No. 305, § 1, 5-1-2013)

15-06.040 - Alley#

"Alley" means a service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.050 - Alteration#

"Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in relative position of structures on a site, or substantial change in the exterior appearance of any structure.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.051 - Apartment unit#

"Apartment unit" means an independent, self-contained dwelling unit with one or more rooms with private bath and kitchen facilities in a building containing three or more such dwelling units.

(Ord. 223 § 2 (part), 2003)

15-06.052 - Applicant#

"Applicant" means a person submitting an application for development. Where the applicant is not the owner of the lot that is the subject of the application for development, the applicant shall provide the approving authority with evidence that the application for development is authorized by the owner.

(Ord. 223 § 2 (part), 2003)

15-06.053 - Application for development#

"Application for development" means the application form and all accompanying documents and exhibits required of an applicant by the approving authority for development application review purposes.

(Ord. 223 § 2 (part), 2003)

15-06.060 - Approving authority#

[Note: The text for this section appears to be cut off in the source material. The definition is not provided in the supplied text.]

15-06.061 - Appurtenances.#

"Appurtenances" means the visible, functional, or ornamental objects accessory to and part of buildings, such as: chimneys, flag poles, cupolas, spires, or antennas.

(Ord. 223 § 2 (part), 2003)

15-06.062 - Architectural feature.#

"Architectural feature" means a prominent or significant part or element of a building, structure, or site.

(Ord. 223 § 2 (part), 2003)

15-06.063 - Architectural style.#

"Architectural style" means the characteristic form and detail of buildings of a particular historic architectural context or period.

(Ord. 223 § 2 (part), 2003)

15-06.070 - Repealed.#

Editor's note: Ord. No. 320, § 1.F.10, adopted Nov. 5, 2014, repealed § 15-06.070, which defined "Attached" and derived from original codification; Ord. 223 § 2(part), 2003; and Ord. 245 § 2(Att. A)(part), 2006.

15-06.080 - Attic.#

"Attic" means that part of a building that is immediately below and wholly or partially within the roof framing.

(Ord. 71.66, 1989; Ord. 223 § 2 (part), 2003)

15-06.085 - Awning Valance.#

"Awning Valance" is a decorative part of an awning that hangs down from the bottom edge of the awning frame or structure.

(Ord. No. 418, § 1(Exh. B), 4-1-2026)

Editor's note: Ord. No. 418, § 1 (Exh. B), adopted April 1, 2026, enacted provisions originally designated as § 15-06-005. To avoid numerical duplication and maintain proper sequence, the editor has redesignated these provisions as § 15-06.085.

15-06.090 - Basement.#

"Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure 1a) If the finished floor directly above the space is more than forty-two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of floor area. This requirement applies to all lots, with the exception of hillside lots.

On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical distance of the finished floor directly above such space is more than forty-two inches above grade shall be counted as floor area and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning district. (See Figure 1b) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the calculation of gross floor area and shall not be considered a story. (See Figure 1c.)

As used herein, the term "grade" shall mean either the natural grade or finished grade immediately adjacent to the exterior walls of the structure, whichever is lower. The Community Development Director shall make the determination for sites where it is unclear as to which is the natural and which is the finished grade. Basements are subject to the requirements of Section 15-80.035.

(Amended by Ord. 209 § 2 (part), 2002; Ord. 223 § 2 (part) 2003; Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 284, § 1(Att. A), 5-18-2011)

15-06.100 - Bed and breakfast establishment.#

"Bed and breakfast establishment" means a structure designed as a single-family dwelling containing no more than three rooms, which rooms are rented for transient occupancy and breakfast is served to the guests on the premises.

(Amended by Ord. 223 § 2 (part), 2003)

Article 15-06. Definitions#

15-06.105 - Below Market Rate Dwelling Unit#

"Below market rate dwelling unit" means a dwelling unit, which is rented, leased or sold to only households that qualify as lower, very-low, or extremely-low income households as those terms are defined in the most recent Santa Clara County Housing and Urban Development Program Income Limits or, in the event that the most recent such report is more than five years old, in accordance with the definitions set forth in Health and Safety Code Sections 50079.5, 50105, and 50106 as those sections exist as of the effective date of this restriction.

(Ord. 223 § 2 (part), 2003)

15-06.106 - Belt Course#

"Belt Course" means a continuous, horizontal band set in a building wall for visual emphasis or structural support. Belt courses typically project from a building face and visually separates different floors or building materials. Also known as a "string course."

(Ord. No. 418, § 1(Exh. B), 4-1-2026)

15-06.110 - Block#

"Block" means any lot or group of contiguous lots on one side of a street and lying between intersecting streets, railroad rights-of-way, waterways or unsubdivided land.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.115 - Block Face#

"Block face" refers to the five structures on either side of and on the same side of the right-of-way as a subject property, or the structures between a subject property and the nearest intersection, whichever is less.

(Ord. No. 406, § 1(Att. 1, § 1), 3-5-2025)

15-06.120 - Building#

"Building" means any structure used or intended for supporting or sheltering any use or occupancy.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.121 - Building Frontage#

"Building frontage" means the lineal dimension, parallel to the ground, of a building elevation that directly faces a right-of-way.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-06.122 - Building, Main#

"Building, main" means a building in which is conducted the principal use of the parcel and/or building site on which it is situated.

(Ord. 223 § 2 (part), 2003)

15-06.125 - Building Site#

"Building site" means a lot, occupied or to be occupied by a main building and accessory buildings, or by a dwelling and its accessory buildings, together with such open spaces as are required by the terms of this Chapter and having its principal frontage on a street, road, or highway.

(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)

15-06.130 - Cabana#

"Cabana" means an accessory structure designed for use as a bathhouse or recreation room in connection with use of a swimming pool.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.140 - Carport#

"Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a permanent roof and not fully enclosed on all sides.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.150 - Clinic#

"Clinic" means a facility for the medical diagnosis and treatment of outpatients.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.160 - Community Facility#

"Community facility" means a place, structure, area or other facility used for and providing fraternal, social or recreational programs or activities generally open to the public. The term includes parks, swimming pools, recreational courts, community centers, libraries, museums, and golf courses.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.165 - Community View Sheds#

"Community view sheds" means any views which are visible from an area, which has scenic value for the community.

(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)

15-06.170 - Corral#

"Corral" means an area enclosed by fencing for the keeping of equines or other livestock.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.180 - Covered Parking#

"Covered parking" means a garage or carport that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, plastic

15-06.185 - Creek bank.#

"Creek bank" means the sides of a watercourse, the top of which shall be the topographic line roughly parallel to stream center line where the side slopes intersect the plane of ground traversed by the watercourse. Where banks do not distinguishably end, City or Santa Clara Valley Water District shall determine the top of such banks.

(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)

15-06.190 - Day care facility.#

"Day care facility" means the use of a site or portion of a site for a group day care program for eight or more clients other than those resident on the site. The term includes nursery school, preschool and similar facilities.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.195 - Demolition.#

"Demolition" of a building means:

(a) Removal or covering of more than fifty percent of the exterior walls of an existing structure so the walls no longer function as exterior walls and removal of more than fifty percent of the existing roof structure and exterior roof sheathing; or

(b) Removal or covering of more than fifty percent of the exterior walls of an existing structure so the walls no longer function as exterior walls and removal of more than fifty percent of interior walls.

The exclusive removal of interior walls without any modification or removal of exterior walls or any modification or removal of the existing roof structure and exterior sheathing is not considered a demolition.

(Ord. No. 328, § 1(Att. A, § 11), 7-1-2015)

15-06.200 - Dooryard.#

"Dooryard" means a type of building entry that provides a limited amount of private open space at the primary entrance. The dooryard area is defined by a low wall, planter or fence that provides a buffer between the right-of-way and the building while preserving a sense of openness to the building entrance.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-06.204 - Development.#

"Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with

15-06.208 - Director.#

"Director" means the director of the Community Development Department or the Director's designee. The Director is the zoning administrator for the City of Saratoga.

(Ord. No. 270, § 1, 7-15-2009)

15-06.210 - District.#

"District" means a portion of the City within which certain uses of land and structures are permitted, conditionally permitted, or prohibited and within which certain yards and other open areas are required and certain height limits and design standards are established for structures, all as set forth and specified in this Chapter.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.220 - Drive-through service.#

"Drive-through service" means a feature or characteristic of a use involving the sales of products or provision of services to occupants in motor vehicles, including drive-in or drive-up windows.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.230 - Driveway.#

"Driveway" means a private roadway servicing up to four parcels, the use of which is limited to persons residing or working on the site and their visitors, which provides access to off-street parking or loading spaces on the site.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.240 - Dwelling.#

"Dwelling" means a permanent building, or a portion of a permanent building used as the personal residence of the occupants thereof, excluding trailers, campers, recreational vehicles, hotels, motels, bed and breakfast establishments, tents and temporary structures.

(a) Dwelling unit means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting separate and independent housekeeping units, occupied or intended for occupancy by one family on a permanent basis and having not more than one kitchen.

(b) Single-family dwelling means a dwelling unit constituting the only main structure upon a single building site.

(c) Multi-family dwelling means a structure or site containing more than one dwelling unit, designed for occupancy by more than one family living independently of each other, and doing their own cooking in the building. However, a single-family dwelling and a lawful accessory dwelling unit located upon the same site shall not be deemed a multi-family dwelling.

(d) Accessory dwelling unit means an attached or detached residential dwelling unit, built or legalized pursuant to this Chapter, which provides complete independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping and sanitation and that meets all requirements set forth in Article 15-56. An accessory dwelling unit also includes the following:

(1) An accessory dwelling unit that is an efficiency unit, as defined in Health and Safety Code Section 17958.1.

(2) An accessory dwelling unit that is a manufactured home, as defined in Health and Safety Code Section 18007.

(e) Junior accessory dwelling unit is a unit that is no more than 500 square feet in size, and contained entirely within the walls of an existing or proposed single-family dwelling, and that meets all requirements set forth in Article 15-56. For purposes of this subsection, attached garages are considered a part of the existing or proposed single-family dwelling. A junior accessory dwelling unit may include separate

Title 15, Section 15-06.250 through 15-06.280#

15-06.250 - Emergency access.#

"Emergency access" means a street which is gated or otherwise closed to regular use by vehicular traffic and intended for use by vehicular traffic only in the event of emergency.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.251 - Emergency shelter.#

(a) "Emergency shelter, permanent" means a permanently operated facility that provides people shelter with minimal supportive services for a time period not exceeding six months per person per year.

(b) "Emergency shelter, rotating" means a facility that, for a time period not exceeding a total of three months per year per location, provides people shelter with minimal supportive services.

Both permanent and rotating emergency shelters may include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

(Ord. No. 361, § 1(Exh. A), 2-6-2019; Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-06.253 - Employee Housing.#

"Employee housing," means any portion of any housing accommodation, or property upon which a housing accommodation is located, if both of the following factors exist:

(1) The accommodations consists of living quarters or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises are provided for employees by the employer; and

(2) The accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved.

The definition of employee housing is as otherwise defined by California Health and Safety Code § 17008 as it may be amended from time to time.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-06.255 - Ember-Resistant Zone.#

"Ember-resistant zone" means the area within five feet, measured horizontally from the exterior wall surface of a structure or any attached deck, that is created and maintained in accordance with defensible space standards for such zones established by CAL FIRE or as determined by the Santa Clara County Fire Department.

(Ord. No. 417, § 1(Exh. A, 6), 2-4-2026)

15-06.260 - Family.#

"Family" means an individual or two or more persons occupying a dwelling unit and living together as a single housekeeping unit in which each occupant has access to all parts of the dwelling unit. A family shall be deemed to include necessary household help. The term shall not include a group of persons occupying a hotel, motel, bed and breakfast establishment, nursing home, or institution of any kind.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.261 - Fence.#

"Fence" means any structural device forming a physical barrier by means of glass, wood, masonry, metal, chain, brick, stake, plastic, concrete block, wrought iron, wire, or other similar materials. A wall, other than a wall of a building or a retaining wall, is considered a fence.

(Ord. 223 § 2 (part), 2003)

(Ord. No. 263, § 1(Att. A), 2-18-2009; Ord. No. 360, § 6(Exh. A), 12-5-2018)

15-06.270 - Financial institution.#

"Financial institution" means a bank, savings and loan association, credit union, thrift association or similar organization.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.280 - Floor area.#

"Floor area" means the total enclosed, habitable or accessible floor space of all floors of a building where the interior height of the area is equal to or greater than five feet. The term "enclosed," as used in this Section, means a structure or area with a roof and with three or more walls. The term "wall," as used in this Section,

15-06.290 - Frontage#

"Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the frontage shall be that property line with the shortest dimension of the lot fronting a street which does not result in the creation of a nonconforming lot with respect to frontage, width or depth.

(Amended by Ord. 223 § 2 (part), 2003)

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)

15-06.291 - Funeral home#

"Funeral home" means an establishment with facilities for the preparation and servicing of the dead for cremation or burial, for the viewing of the body, and for the hosting of funeral services or end of life commemorations.

(Ord. No. 328, § 1(Att. A, § 12), 7-1-2015)

15-06.295 - Game arcade#

"Game arcade" means an establishment having more than three coin or token-operated pinball machines, video games or other form of mechanical or electronic games or any combination thereof, available for use by the general public. A game arcade may exist as either a principal use or as an incidental use conducted by another principal use on the site.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.300 - Garage#

"Garage" means an accessory structure or a portion of a main structure that has a permanent roof, is fully enclosed on all sides, and is designed for the storage of motor vehicles.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.310 - Gasoline service station#

"Gasoline service station" means a place where gasoline, oil, tires, small parts and accessories for the operation of motor vehicles are offered for sale to the public, and servicing incidental thereto, including the washing of vehicles where no chain conveyor, blower or steam cleaning device is used.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.320 - General Plan#

"General Plan" means the current General Plan as adopted by the City pursuant to the requirements of the Government Code and includes, for the purposes of this Chapter, any specific plan applicable to the site.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.325 - Geotechnical clearance#

"Geotechnical clearance" means a written acknowledgement from the City Engineer indicating that:

(a) The applicant has identified all geological and geotechnical hazards and constraints present on the site;

(b) The applicant has evaluated those hazards and constraints identified in subsection (a) which would affect the proposed development of the site or impact adjacent properties, as required by the City Engineer and City Geotechnical Consultant;

(c) The applicant has developed appropriate measures to avoid and/or mitigate those hazards and constraints evaluated in subsection (b) to the satisfaction of the City Engineer.

15-06.328 - Group Home.#

"Group home" means housing operating as a single residence shared by unrelated persons with disabilities that provide peer and other support for their residents' disability-related needs and in which residents share cooking, dining, and living areas. Groups homes are distinguished from Supportive Housing and Transitional Housing, which uses are defined by Government Code. There are three types of group homes allowed in Saratoga:

Class 1: The group home does not provide licensable services to the residents.

Class 2: The group home provides licensable services to six or fewer residents.

Class 3: The group home provides licensable services to more than six residents.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-06.330 - Guest house.#

"Guest house" means an accessory structure containing a lodging unit without kitchen facilities, and used to house occasional visitors or nonpaying guests of the occupants of a dwelling unit on the same site.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.331 - Health/Fitness Center.#

"Health/Fitness Centers" means membership based fitness facilities, gymnasiums, athletic clubs, and similar establishments requiring membership for access.

(Ord. No. 307, § 1.C.4, 10-16-2013)

15-06.335 - Hedge.#

"Hedge" means a series of trees or other natural landscaping planted in a linear and uninterrupted pattern such that a boundary is created. The natural landscaping must be able to stand on its own and shall not require supports upon maturity. A hedge is not a fence.

(Ord. No. 263, § 1(Att. A), 2-18-2009)

15-06.340 - Height of buildings.#

"Height of building" means the vertical distance from the average of the highest and lowest point of the lot at the building's edge, measured from natural grade, of that portion of the lot covered by the building to the topmost point of the roof excluding appurtenances, unless otherwise specified in this Chapter. The Community Development Director, through the use of the best available information, such as tract grading plans, vegetation, and neighborhood topography or existing grades, shall determine natural grade.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.341 - Height of fences.#

"Height of fences" means a vertical line from the highest point of the fence (including lattice or similar material), to a point directly below at either the natural grade or the finished grade, at the owner's choice. Where there are differences in grade between abutting properties, the fence height is measured from the property with the higher grade unless a different measurement standard applies pursuant to another Section of this Code.

(Ord. 223 § 2 (part), 2003; Amended by Ord. No. 263, § 1(Att. A), 2-18-2009; Ord. No. 284, § 1(Att. A), 5-18-2011)

15-06.342 - Height of retaining wall.#

"Height of retaining wall" means a vertical line from the highest point of the retaining wall to a point directly below the lowest natural grade unless a different measurement standard applies pursuant to another Section of this Code.

(Ord. No. 263, § 1(Att. A), 2-18-2009)

15-06.350 - Home occupation.#

"Home occupation" means any activity which is the conduct of an art or profession, the offering of a service, the conduct of a business or the handcraft manufacture of products in a dwelling unit solely by the occupants thereof, in a manner incidental and secondary to the use of the dwelling for dwelling purposes, and in accord with the provisions of this Code.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.360 - Hotel.#

"Hotel" means a structure or portion thereof or a group of attached or detached structures containing individual guest rooms or suites where lodging is provided primarily to transients for compensation for a period of not more than 29 consecutive days. The term includes motel, inn, tourist court, bed and breakfast establishment, short-term-rental, or similar use.

(Amended by Ord. 223 § 2 (part), 2003)

(Ord. No. 403, § 1(Exh. A, § 10), 7-3-2024)

15-06.370 - Impervious surface.#

"Impervious surface" means any structure or constructed surface that prevents the passage of water into the underlying soil or otherwise significantly increases runoff and disrupts the aesthetic of the landscape. Common impervious surfaces include, but are not limited to, concrete, asphalt, roofs, and brick or other stone materials set in sand or concrete. Porous materials may receive certain exceptions from site coverage as provided for in this chapter.

(Amended by Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 293, § 2.A, 6-20-2012)

15-06.380 - Institutional facility.#

"Institutional facility" means a place, structure or area operated by a public or private organization or agency, used for and providing educational, residential or health care services to the community at large. The term includes residential developments and health care facilities operated by non-profit organizations, and both public and private schools or colleges.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.385 - Intermittent stream.#

"Intermittent stream" means a watercourse with seasonal water flow and dry in dry seasons.

(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)

15-06.390 - Keeping; keeping for private use.#

(a) Keeping, in relation to the keeping of animals, means the harboring or maintaining possession of any animal on a site together with the maintenance of such animal by the feeding or otherwise supplying of necessities of life to the same. Any animal physically present on a site for a continuous period in excess of seventy-two hours is being kept, within the meaning of this definition, by the owner or other occupant of the site.

(b) Keeping for private use, in relation to the keeping of animals, means the keeping of an animal owned by the owner of the site where such animal is kept, for the private use by such owner and his guests as a use accessory to a dwelling on the same site, and not for remuneration, hire or sale.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.400 - Kitchen.#

"Kitchen" means a room designed, intended or used for the cooking and preparation of food which includes either a 220 volt outlet or a natural gas connection for a cooking appliance.

(Amended by Ord. 223 § 2 (part), 2003)

(Ord. No. 307, § 1.C.5, 10-16-2013)

15-06.405 - Lightwell.#

"Lightwell" means an excavated area adjacent to a building that is enclosed on four sides, that is open at the top, and allows light into a below-grade level of a building.

(Ord. 209 § 2 (part), 2002; Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 307, § 1.C.25, 10-16-2013)

15-06.410 - Loading facility.#

"Loading facility" means an area on a site or within a building, or both, used or intended for use for the loading or unloading of goods from a motor vehicle or trailer in connection with the use of the site on which such facility is located. The loading facility area on the site may include loading berths, aisles, access driveways, turning and maneuvering areas, clearances and similar features, which meet the requirements established by this Chapter.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.420 - Lot.#

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

(a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as recorded

Article 15-06 - Definitions#

15-06.430 - Lot line.#

"Lot line" means any boundary of a lot.

(a) Front lot line#

Front lot line means, on an interior lot, the lot line abutting a street, or, on a corner lot, the shortest dimension of the lot fronting the street, or, on a double frontage lot, the lot line abutting the street providing the primary means of access to the lot, or, on a flag lot, the interior lot line most parallel to and nearest the street providing site access unless the average width of the lot exceeds its average depth in which case the front lot line shall be the interior lot line with the shortest dimension.

(b) Rear lot line#

Rear lot line means the lot line not intersecting a front lot line which is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.

(c) Side lot line#

Side lot line means any lot line which is not a front or rear lot line.

(d) Interior lot line#

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

(e) Exterior lot line or street lot line#

Exterior lot line or street lot line means any lot line abutting a street.

(f)#

The Community Development Director may assign or designate lot lines for irregular-shaped parcels or lots that do not have frontage, as defined in Section 15-06.290.

(Amended by Ord. 223 § 2 (part), 2003; Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 320, § 1.F.12, 11-5-2014)

15-06.438 - Manufactured Home.#

"Manufactured home" means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein or as otherwise defined by California Health and Safety Code § 18007 as it may be amended from time to time.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-06.440 - Repealed.#

(Ord. 223 § 2 (part), 2003)

15-06.441 - Market.#

"Market" means an establishment where more than two thousand square feet or twenty-five percent of the total floor area is dedicated to food and/or beverage sales for off-site human consumption, with the exception of a tasting room as defined in this Article or a lawfully located mobile canteen or other mobile unit as defined in Article 7-25.

(Ord. No. 302, § 1, 2-6-2013; Ord. No. 305, § 1, 5-1-2013)

15-06.443 - Ministerial Review.#

15-06.445 - Mixed use development.#

The development of a lot or building with two or more different land uses, such as residential, commercial, office or public.

(Ord. 223 § 2 (part), 2003)

15-06.449 - Mortuary.#

"Mortuary" means funeral home.

(Ord. No. 328, § 1(Att. A, § 13), 7-1-2015)

15-06.450 - Motel.#

"Motel" means hotel, as defined in Section 15-06.360.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.460 - Nonconforming.#

"Nonconforming" means not in conformity with any of the regulations set forth in this Chapter.

(a) Nonconforming use means a use of a structure or site, or both, which was lawfully established or maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer conforms with the use regulations of the district in which it is located.

(b) Nonconforming structure means a structure which was lawfully constructed in compliance with all zoning regulations then applicable to the site, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with the standards of size, coverage, setback areas, height, distance between structures, or other regulation of this Chapter for the district in which the structure is located.

(c) Nonconforming facility means a structure or site, which conforms with the regulations of this Chapter but is used or occupied by one or more nonconforming uses.

(d) Nonconforming lot means a single and separate parcel of land, which was legally created, and a legal building site at the date of adoption of an ordinance rendering it nonconforming.

(e) Nonconforming site means a site which was lawfully created in compliance with all zoning and subdivision regulations then applicable to the site, but which, by virtue of subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with the standards of area, frontage, width, depth, or other regulation of this Chapter for the district in which the site is located.

(Amended by Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)

15-06.470 - Nursing home.#

"Nursing home" means a residential structure in which nursing, dietary and other personal services are rendered to six or more convalescents, invalids or elderly persons residing at the facility, and in which surgery or other medical treatment customarily given in hospitals is not performed. A convalescent home or rest home shall be deemed a nursing home. The term shall not include a so-called half-way house or rehabilitation center occupied by persons under treatment for alcoholism, drug abuse or any contagious disease.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.480 - Office.#

(a) Professional office means a use providing professional or consulting services, including therapists and healing arts professionals and other similar service providers that do not create significant odors, noise, or medical waste. Examples of allowable professional office uses are acupuncturists, traditional ethnic medicine practitioners, physical therapist, psychologist, cranialsacral therapist, and occupational therapist.

(b) [No additional text provided in original source.]

15-06.480 - Administrative office.#

"Administrative office" means a use providing facilities for the conduct of management and administrative functions of a business or other enterprise.

(c)#

15-06.482 - Medical office.#

"Medical office" means a use providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by licensed/certified doctors, dentists, and similar practitioners. Uses with the primary focus on the dispensing and sale of glasses, contact lenses, nutritional supplements, or medical devices and products are not a medical office use.

(Amended by Ord. 223 § 2 (part), 2003)

(Ord. No. 307, § 1.C.7, 10-16-2013; Ord. No. 328, § 1(Att. A, § 14), 7-1-2015)

15-06.485 - Open space.#

"Open space" means as defined in the Open Space Element of the General Plan.

(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)

15-06.487 - Parking district.#

"Parking district" means an assessment district formed by the City of Saratoga for the purpose of providing shared parking for several individual properties.

(Ord. 223 § 2 (part), 2003)

15-06.490 - Parking facility.#

"Parking facility" means an area on a site or within a building, or both, used or intended for use for parking of one or more motor vehicles, including aisles, access driveways, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this Chapter. The term includes garages, carports, parking lots and parking structures.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.495 - Perennial stream.#

"Perennial stream" means a watercourse of persisting water flow throughout the year.

(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)

15-06.500 - Permeable Paving.#

"Permeable paving" refers to a paving system that allows stormwater to seep through and filter into the soil below. Permeable paving includes either paving made of a porous material that enables stormwater to seep through or blocks designed or spaced so that water can flow through gaps into the soil. Also referred to as pervious concrete, porous concrete, gap-graded concrete, and permeable pavers.

(Ord. No. 406, § 1(Att. 1, § 1), 3-5-2025)

15-06.510 - Repealed.#

(Ord. 223 § 2 (part), 2003)

15-06.516 - Quasi-public use.#

"Quasi-public use" means a use owned or operated by a nonprofit, religious, medical or charitable institution, having the primary purpose of serving the general public and providing educational, cultural, recreational, religious, or similar types of programs.

(Ord. 223 § 2 (part), 2003)

15-06.519 - Porch.#

"Porch" means a type of building entry with a set of stairs and raised landing attached to the façade. Porches may be open on two or three sides and may be either engaged within or attached to the front façade. Porches may be covered or uncovered.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-06.520 - Property line.#

"Property line" means lot line, as defined in Section 15-06.430.

(Amended by Ord. 223 § 2 (part), 2003)

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)

15-06.525 - Protected creek.#

"Protected creek" means any creek identified in the most recently available Maps of Flood Control Facilities and Limits of One Percent Flooding prepared by the Santa Clara Valley Water District, and as may be amended from time to time.

(Ord. 71-184 § 3, 1998; Ord. 223 § 2 (part), 2003)

15-06.530 - Recreational court.#

"Recreational court" means any planked, paved or otherwise hard-surfaced outdoor area used primarily for athletic activities, other than swimming pools, and including, but not limited to, courts for tennis, racquetball, paddle ball, squash, basketball, and similar activities.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.535 - Recreational vehicle.#

"Recreational vehicle" means any vehicle used for recreation and designed for human habitation for recreational, emergency, or other occupancy, and not including passenger vehicles.

Article 15-06 - Definitions (continued)#

15-06.540 - Religious institution.#

"Religious institution" means a use providing facilities for organized religious worship and religious education and other activities incidental thereto. A property tax exemption obtained pursuant to Section 3(f) of Article XIII of the State Constitution and Section 206 of the State Revenue and Taxation Code, or successor legislation, constitutes prima facie evidence that such use is a religious institution.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.550 - Restaurant.#

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

(Amended by Ord. 223 § 2 (part), 2003)

15-06.557 - Restriction.#

"Restriction" means a limitation on property that may be created in a property deed, lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development.

(Ord. 223 § 2 (part), 2003)

15-06.560 - Retail establishment.#

"Retail establishment" means a use engaged in the sale or rental of goods directly to the consumer with no more than two thousand square feet or twenty-five percent of the total floor area dedicated to food and/or beverage sales for off-site human consumption. Any use engaged in the sale of personal services is not a retail establishment.

(Amended by Ord. 223 § 2 (part), 2003; Ord. 236 § 2B, 2005; Ord. 245 § 2 (Att. A) (part), 2006)

(Amended by Ord. No. 305, § 1, 5-1-2013; Ord. No. 360, § 6(Exh. A), 12-5-2018)

15-06.565 - Retaining wall.#

"Retaining wall" means a structural device constructed and erected to resist lateral pressure from earth or to retain soil.

(Ord. No. 263, § 1(Att. A), 2-18-2009)

15-06.570 - Right-of-way.#

"Right-of-way" means a strip or area of land used, or reserved or intended for use, as a street, road or alley, or to provide pedestrian or equestrian access, or public utility service, or any combination thereof, and includes all and any part of the entire width or other area of a designated right-of-way, whether or not such entire width or area is actually used for street, road, alley, pedestrian, equestrian or utility purposes. "Right-of-way" includes access, pedestrian, equestrian and utility easements.

(a) Public right-of-way means a right-of-way owned by the City or any other public entity or public utility.

(b) Private right-of-way means a right-of-way owned by and for the benefit of one or more persons, including a right-of-way offered for dedication to the City or to any other public entity which has not been accepted and on which no improvements or maintenance has regularly been performed by the City or other public entity.

(c) Railroad right-of-way means a strip of land on which railroad tracks, spur tracks, sidings, switching equipment and signals are located, and includes the entire width or other area of the designated right-of-way, whether or not the entire width or area is actually used for such railroad facilities.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.575 - Rowhouse.#

"Rowhouse" means a single-family dwelling that shares a party wall with another of the same type placed side-by-side with individual entries along the front and dedicated private open space for each unit. Each unit has its own front access located at the ground floor. Also known as a townhouse or townhome.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-06.580 - Repealed.#

(Ord. 223 § 2 (part), 2003)

15-06.581 - Santa Clara Valley Urban Runoff Pollution Prevention Program.#

"Santa Clara Valley Urban Runoff Pollution Prevention Program" means the current policies

15-06.585 - Personal service business.#

"Personal service business" means a use that sells any personal convenience services directly to the public, including but not limited to, barbers, beauty salons, nail salons, hair removal and/or replacement, piercing, tattooing, psychics, cleaners, tailors, dog grooming, yoga studios, fitness centers and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, or any other type of office use.

(Amended by Ord. 223 § 2 (part), 2003; Ord. 236 § 2A, 2005)

15-06.587 - Setback.#

"Setback" means the minimum distance between the structure and any lot line. Where a street line is located within the boundaries of a site, the required setback shall be measured from such street line instead of the lot line. (Amended by Ord. 223 § 2 (part), 2003)

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)

15-06.588 - Setback area.#

(a) Front setback area means that portion of a site bounded by the side lot lines, the front lot line, and the front setback line, located the required minimum distance from the front lot line.

(b) Side setback area means that portion of a site bounded by the front setback area, the rear setback area, the side lot line, and the side setback line, located the required minimum distance from the side lot line.

(1) Exterior side setback area means that portion of a site bounded by the front setback area, the rear setback area, the exterior side lot line, and the exterior side setback line, located the required minimum distance from the exterior side lot line of a corner lot. Exterior side setback areas exist only on corner lots.

(2) Interior side setback area means that portion of a site bounded by the front setback area, the rear setback area, the interior side lot line, and the interior side setback line, located the required minimum distance from the interior side lot line.

(c) Rear setback area means that portion of a site bounded by the side lot lines, the rear lot line or the rearmost portion of the lot if there is no rear lot line, and the rear setback line, located the required minimum distance from the rear lot line or the rearmost portion of the lot if there is no rear lot line.

(d) [Lot line located in street.] When a lot line is located in a street, the setback area shall be measured from the right-of-way line, street line, or the plan line of a street (if any, and defined as the ultimate City-determined improvement line for a specific street segment), instead of the lot line.

(Ord. 245 § 2 (Att. A) (part), 2006; Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)

15-06.590 - Setback line.#

"Setback line" means a line that is located at the required minimum distance from any lot line, which establishes area within which the principal structure, a fence or a wall greater than six feet, and certain enclosed accessory structures listed in Section 15-80.030(d) must be erected or placed.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.595 - Shopfront.#

"Shopfront" means a type of building entry typically used for commercial and retail use where the façade is aligned close to the frontage line with the building entrance at the level of the sidewalk.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-06.600 - Shopping center.#

"Shopping center" means a group of five or more retail service establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the site.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.605 - Sight triangle.#

[No text provided in source document.]

15-06.610 - Sign.#

See Section 15-30.020 in this Chapter for all definitions related to signs.

(Amended by Ord. 223 § 2 (part), 2003; Ord. No. 294, § 1.A.1., 9-5-2012)

15-06.615 - Single-room occupancy building.#

"Single-room occupancy (SRO) building" means any building containing five or more rental units dedicated to providing housing for persons with disabilities, the elderly or lower-income individuals. SRO buildings contain either individual or common cooking and/or bathroom facilities. SRO units are individual living spaces within an SRO building.

(Ord. No. 313, § 1.1, 2-5-2014)

15-06.620 - Site.#

"Site" means a lot, as defined in Section 15-06.420.

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

(b) Net site area means that portion of gross site area remaining after deducting therefrom the following:

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

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

(3) The portion of a flag lot constituting the access corridor where the length of the corridor is measured from the front lot line to the frontage line of the corridor at the street;

(4) Any portion of a site within an easement to the Santa Clara Valley Water District;

(5) Those areas which are classified by the City Geologist as "Md"; and

(6) Any quarries, unless shown to be suitable for development, as determined by a detailed geotechnical analysis approved by the City Geologist.

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

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

(f) Site coverage means the percentage of net site area covered by impervious surfaces including all structures, open or enclosed, or projections of structures.

(Amended by Ord. 223 § 2 (part), 2003; Ord. No. 307, § 1.C.6, 10-16-2013; Ord. No. 320, § 1.F.13, 11-5-2014)

15-06.630 - Slope.#

"Slope" means the average slope of the net site area determined by the following formula, and rounded to the nearest whole percent:

Symbol	Definition
S	average natural slope in percent
I	natural contour interval in feet (at intervals of not more than five feet)
L	length of natural contours in feet
A	acres of property (parcel of record existing on November 13, 1979)
0.002296	constant which converts square feet into acres and expresses slope in percent

S = 0.002296 × I × L / A

(Amended by Ord. 71-182 § 1, 1998; Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)

15-06.640 - Stable.#

"Stable" means any building or structure or portion thereof designed or used for the housing or feeding of an equine or equines or other livestock.

(a) Boarding stable means any stable or corral where equines are lodged or fed for remuneration.

(b) Commercial stable means any establishment providing services or shelter for equines owned and used by someone other than the occupant or owner of the residence and including but not limited to boarding stables, riding schools, related shows, lessons, clinics and similar activities, but not including community stables.

(c) Community stable means a private stable or corral designed, owned and used solely by residents and guests of a particular area, for the keeping or use of equines in private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no equines are offered to the public for remuneration, hire or sale.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.645 - Stoop.#

"Stoop" means a type of building entry where the façade is set back from the property line by a distance that is generally equal to the depth of the entry stairs and landing; the first story elevated from the sidewalk sufficiently to secure privacy for first-story windows; and the entrance is accessed via an exterior stair and landing and/or ramp.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-06.650 - Storage.#

(a) On-site storage means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property owned by the occupant of the site or structure and kept in connection with such occupant's use of the premises. "Storage" does not include any area where merchandise offered for sale is on display or where retail services are otherwise being rendered, nor does the term include any area generally accessible to persons other than the occupant who may lawfully come upon the premises.

(b) Off-site storage means the use of a site or structure, or portion thereof, for the keeping of materials, supplies, inventory, equipment, or other items of personal property which is not owned by the occupant of the site or structure.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.651 - Storefront bay.#

"Storefront bay" means a section of a building's ground-floor facade that is visually defined by the building's structural elements and improved with windows, signage, or other pedestrian-oriented elements.

(Ord. No. 418, § 1(Exh. B), 4-1-2026)

15-06.655 - Story.#

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between the floor and the ceiling or roof next above. Basements are excluded from being considered a story.

(Amended by Ord. 71.99 § 2, 1991; Ord. 223 § 2 (part), 2003)

15-06.660 - Street.#

"Street" means an existing permanent public or private right-of-way, which is used as the principal means of access to abutting properties.

(a) Public street means a street owned and maintained by the City, the County or the State, including streets offered for dedication, which have been regularly maintained or improved by the City, the County or the State.

(b) Private street means a street in private ownership and used or intended for motor vehicle travel by the owners of the street and persons having express or implied permission from the owners to use such street. Driveways serving four or fewer parcels are not considered streets.

(d) Emergency access street. See Section 15-06.250.

(Amended by Ord. 223 § 2 (part), 2003)

15-06-665 - Street Wall.#

[No text provided for this section.]

15-06.665 - Street wall.#

"Street wall" means the wall of a building or portion of a wall facing a right-of-way that is below any required upper-story step-back or angular plane, excluding minor recesses for elements such as doorways or intrusions such as bay windows.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-06.670 - Structure.#

"Structure" means that which is built or constructed which requires a location on the ground, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Structure" includes retaining walls, decks, patios, swimming pools, and recreational courts but does not include a fence not exceeding six feet in height.

(a) Main structure means a structure housing the principal use of a site or functioning as the principal use.

(b) Accessory structure is as defined in this Chapter.

(Amended by Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)

15-06.680 - Subdivision Ordinance.#

"Subdivision Ordinance" means the Subdivision Ordinance of the City as contained in Chapter 14 of this Code.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.685 - Subterranean Structure.#

"Subterranean Structure" includes a cellar, bunker, or other attached or detached structure that (a) is not located beneath the building footprint of a structure; (b) does not encroach into setback areas; (c) is located wholly underground below natural and/or finish grade, whichever is lower, except for required ingress/egress, lighting and ventilation; and (d) is not visible from the public right-of-way. The floor area of subterranean structures is not counted against a property's maximum floor area and only fifty percent of the floor area is counted against a property's maximum site coverage.

(Ord. No. 307, § 1.C.9, 10-16-2013; Ord. No. 364, § 1(Exh. A), 9-4-2019)

15-06.690 - Swimming pool.#

"Swimming pool" means a pool, pond, open tank or tub capable of containing water to a depth of two feet at any point, the primary purpose of which is swimming, wading or other recreational use. The term includes spa and hot tub.

(Amended by Ord. 223 § 2 (part), 2003)

15-06.695 - Tasting room.#

Tasting room means a commercial establishment that does not contain a kitchen and is devoted to the sampling, consumption, and sales of wine or beer produced on or off the premises.

(Ord. No. 292, § 1(Exh. A), 7-18-2012)

15-06.697 - Terrace.#

"Terrace" means a type of building entry where an elevated walkway along the primary facade allows for pedestrian circulation and direct building access to a finished floor above street level. Terraces may serve multiple entrances.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-06.700 - Use.#

"Use" means the conduct of an activity, or the performance of a function or operation, on a site or within a structure.

(a) Principal use means a use which fulfills a primary function of a household, establishment, institution or other entity, or the primary function of a site or structure.

(b) Accessory use means a use which is subordinate and incidental to, and customarily associated with, a specified principal use, and which is conducted on the same site as the principal use.

(c) Permitted use means a use listed by the regulations of any particular district as a permitted use within that district, and generally permitted therein as a matter of right when conducted in accord with the purposes, objectives and regulations established by this Chapter.

(d) Conditional use means a use listed by the regulations of any particular district as a conditional use within that district, and allowable therein solely on a discretionary and conditional basis, subject to the issuance of a conditional use permit and to all other purposes, objectives and regulations established by this Chapter.

(e) [No text provided in original for subsection (e).]

15-06.702 - Variance.#

"Variance" means permission to depart from the literal requirements of the Zoning Ordinance with respect to site area, site frontage, site width and depth, site coverage, setbacks for front, side and rear setback areas, allowable floor area, height of structures, distance between structures, signs, off-street parking and loading facilities, fences, walls and hedges, and alteration or expansion of nonconforming structures, in accordance with the procedures and requirements set forth in this Chapter. The Planning Commission must make specific findings of fact (or the City Council on appeal) to grant this permission; see Article 15-70 of this Code.

(Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)

15-06.704 - Vested right.#

"Vested right" means a right that cannot be changed or altered by subsequent changes in regulation.

(Ord. 223 § 2 (part), 2003)

15-06.710 - Village.#

"Village" or "Saratoga Village" or "Saratoga Village boundary" means the area defined in section 15-62.010(b) of this Code.

(Amended by Ord. 223 § 2 (part), 2003; Ord. No. 413, § 1(Exh. A, § 23, 11-5-2025; Ord. No. 418, § 1(Exh. B), 4-1-2026)

15-06.715 - Watercourse.#

"Watercourse" means the elongated channel or depression whether natural or manmade, in which water does or may flow and may include the overflow area, if any, of such channel or depression.

(Ord. 71.98 § 3 (part), 1991; Ord. 223 § 2 (part), 2003)

15-06.720 - Repealed.#

(Ord. 245 § 2 (Att. A) (part), 2006)

15-06.725 - Winery.#

"Winery" means a commercial agricultural facility primarily used for the fermenting and processing of fruit juice into wine. Processing can include wholesale sales, crushing, fermenting, blending, aging, storage, bottling, administrative office functions for the winery and warehousing. Special events, retail sales and tasting rooms may be permitted as part of the winery operations.

(Ord. No. 360, § 6(Exh. A), 12-5-2018)

15-06.727 - Wildland Urban Interface Area.#

"Wildland Urban Interface Area" means areas set forth and delineated on the map entitled "Wildland-Urban Interface Fire Area" adopted by the City Council in Ordinance 414 on November 5, 2025 as it may be amended from time to time. The map properly attested, shall be on file in the Office of the City Clerk of the City of Saratoga and a copy shall be available on the City's website.

(Ord. No. 417, § 1(Exh. A, 6), 2-4-2026)

15-06.730 - Zoning clearance.#

"Zoning clearance" means a certification from the Community Development Director that a project as shown on construction drawings complies with all applicable zoning regulations and development conditions (e.g., conditions of approval). A zoning clearance shall not constitute a representation or warranty by the City to the owner of the property or to any other person with respect to the statements contained therein, nor shall the issuance of a zoning clearance prevent the City from enforcing any zoning regulation or development condition if a violation of the same is later found to exist.

(Ord. No. 272, § 2(Exh. A), 9-16-2009)

15-06.740 - Zoning map.#

"Zoning map" means the set of maps that are part of the Zoning Ordinance and delineate the boundaries of zone districts.

(Ord. 223 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)

15-10.010 - Designation of districts.#

The districts established by this Chapter are depicted on the Zoning Map and are described as follows:

(a) A: Agricultural district.

(b) R-1: Single-family residential districts, consisting of:

R-1-40,000 district

15-10.010 - Districts Established#

For the purpose of this Chapter, the City is hereby divided into the following districts:

(a) R: Single-family residential districts, consisting of:

District	Description
R-1-20,000	Single-family residential district
R-1-15,000	Single-family residential district
R-1-12,500	Single-family residential district
R-1-10,000	Single-family residential district

(b) (Reserved)

(d) R-OS: Residential open space district.

(e) P-C: Planned community district.

(f) R-M: Multi-family residential districts, consisting of:

District
R-M-5,000
R-M-4,000
R-M-3,000

(g) P-A: Professional and administrative office district.

(h) C: Commercial districts, consisting of:

District	Description
C-N	Neighborhood commercial
C-N (S)	Neighborhood commercial (Shopping)
C-V	Visitor commercial
CH-1 and CH-2	Commercial historic districts

(i) MU-PD: Multiple-use planned development district.

(j) E: Equestrian. The equestrian district is an area of the City within which equines may be maintained for private use and commercial or community stables may be maintained. The overlay district is depicted on the equestrian district map.

(k) R-1-10,000 single-story overlay district for the Saratoga Woods neighborhood. Any single-story addition or replacement construction shall be limited in height to the height of the contiguous single-story dwellings. The existing two-story dwellings within the Saratoga Woods neighborhood are exempt from the provisions of this single-story limitation.

(l) H: Historic resource overlay district showing location of historic landmarks, heritage lanes, and historic districts.

(m) M-U: Mixed-use districts, consisting of:

District	Description
MU-MD	Mixed-use medium density
MU-HD	Mixed-use high density
MU-VHD	Mixed-use very high density

(Amended by Ord. 71.98 § 1, 1991; Ord. 71.113 § 1, 1992; Ord. 207 § 2, 2002; Ord. 213 § 3(B), 2002; Ord. 227 § 2, 2004; Ord. 245 § 2 (Att. A) (part), 2006)

(Amended by Ord. No. 277, § 1(Exh. A), 4-21-2010; Ord. No. 360, § 8(Exh. A.), 12-5-2018; Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-10.020 - Zoning Map and District Boundaries#

(a) The zoning map referred to in Section 15-05.010, and all amendments and changes thereto, and all legends, symbols, notations, references and other matters shown thereon, is incorporated herein by reference and constitutes a part of this Chapter.

(b) The boundaries of the districts established by this Chapter shall be as shown on the zoning map. All territory within the City is classified into the districts as shown on such map, subject to the specific regulations established by this Chapter for each such district, and all other regulations of this Chapter applicable thereto.

(c) The zoning map, as currently effective, and a record of all amendments and changes to the zoning map, shall be kept on file and maintained as a public record in the office of the Community Development Director.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

15-10.030 - Repealed#

(Ord. 245 § 2 (Att. A) (part), 2006)

15-10.040 - Use and Interpretation of Zoning Map#

Wherever any uncertainty exists as to the boundary of a district as shown on the zoning map, the following rules shall be applied:

(a) Where a boundary line is indicated as approximately following a street or alley, it shall be construed as following the right-of-way line thereof.

(b) Where a boundary line follows or coincides approximately with a lot line, it shall be construed as following the lot line.

(c) Where a boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line, the boundary line shall be determined by the use of the scale designated on the zoning map.

(d) A symbol, or symbols, indicating the classification of property on the zoning map shall in each instance apply to the whole of the area within the district boundaries.

15-10.050 - Change of zoning map.#

All changes in district boundaries or reclassification of territory from one district to another shall be by ordinance, adopted in accordance with Article 15-85 of this Chapter, which ordinance shall by its terms amend the zoning map by adoption of a sectional district map.

15-11.010 - Purposes of Article.#

In addition to the objectives set forth in Section 15-05.020, the agricultural district is included in the Zoning Ordinance to achieve the following purposes:

(a) To reserve for exclusive agricultural use appropriately located areas which are suitable for raising crops.

(b) To ensure adequate light, air and privacy for each dwelling unit.

(c) To prevent premature development of certain lands until the installation of streets, utilities and other facilities make orderly development possible.

15-11.020 - Permitted uses.#

The following permitted uses shall be allowed in the agricultural district:

(a) Single-family dwellings.

(b) Accessory structures and uses located on the same site as a permitted use, including barns, farm out-buildings, storehouses, garden structures; green houses, workshops, accessory dwelling units and junior accessory dwelling units as permitted pursuant to Articles 15-56 and 15-57 of this Chapter, and guest houses.

(d) Processing of products produced on the site.

(e) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter.

(f) Stables and corrals for the keeping for private use of one horse for each forty thousand square feet of net site area; provided, however, that in the equestrian zone only, one additional horse may be permitted on the first forty thousand square feet of net site area, and an additional horse may be permitted for each additional forty thousand square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code.

(g) Swimming pools used solely by persons resident on the site and their guests.

(h) The keeping for private use of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the following restrictions:

(1) All animals shall be kept as pets only, and not for sale, breeding, experimental or commercial purposes.

(2) Animals shall at all times be confined to the site, unless restrained or caged and under the direct control of the owner or person having custody of the animal.

(3) No animals shall be permitted which are vicious, poisonous, wild, dangerous, or otherwise constitute a hazard to the public health, safety or welfare, and all such animals are hereby declared to be a public nuisance.

The factors to be considered in determining whether the number of animals upon a site is reasonable shall include, but are not limited to, the size of the site or portion thereof on which the animals are kept; the type of animals and extent of noise, odor

15-11.025 - Conditional uses.#

The following conditional uses may be allowed in the A district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(a) Group homes, Class 3.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-11.030 - Conditional uses.#

The following conditional uses may be allowed in the agricultural district, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter:

(a) Accessory structures and uses located on the same site as a conditional use.

(b) Community facilities.

(d) Police and fire stations and other public buildings, structures and facilities.

(e) Religious and charitable institutions.

(f) Nursing homes and day care facilities.

(g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines.

(h) Recreational courts, to be used solely by persons resident on the site and their guests.

(i) Commercial stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code. (Amended by Ord. 71-163 § 1 (part), 1996; Ord. 245 § 2 (Att. A) (part), 2006)

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009)

15-11.040 - General restriction on use.#

No uses shall be permitted and no process, equipment or materials shall be used which are objectionable to persons living or working in the vicinity or injurious to property or crops in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare or unsightliness or involve any hazard of fire or explosion.

15-11.050 - Site area.#

(a) Determination of lot size. Except as otherwise provided in subsection (b) of this Section, each lot created upon the subdivision of any property within an A district shall contain a minimum net site area based upon the average slope of such lot, determined in accordance with the following table:

Average Slope*	Net Site Area	Average Slope	Net Site Area
10 or less	5.00	24	10.40
11	5.20	25	11.00
12	5.40	26	11.80
13	5.60	27	12.60
14	5.80	28	13.40
15	6.00	29	14.20
16	6.40	30	15.00
17	6.80	31	16.00
18	7.20	32	17.00
19	7.60	33	18.00
20	8.00	34	19.00
21	8.60	35 or more	20.00
22	9.20
23	9.80

Average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter.

(b) [Content of subsection (b) not provided in source text.]

15-11.060 - Site density#

Each lot shall have not less than two and one-half acres of net site area for each dwelling unit on the lot, excluding one accessory dwelling unit or one junior accessory dwelling unit.§

(Amended by Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 348, § 1(Att. A, § 7), 1-18-2017; Ord. No. 355, 6-6-2018)

15-11.070 - Site frontage, width and depth#

The minimum site frontage, width and depth of any lot in an A district shall be as follows:

Frontage	Width	Depth
100 ft.	150 ft.	150 ft.

The frontage and width of an access corridor to a flag lot shall be not less than twenty feet.§

15-11.080 - Site coverage#

The maximum site coverage on any lot in an A district shall not exceed twenty-five percent or fifteen thousand square feet, whichever is less.§ The area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas may be exempted, in whole or in part, from the calculation of site coverage, to the extent necessary, in order to meet one or more of the following design objectives: avoid placing structures in geologically unstable areas or on major or minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080.

(Amended by Ord. 71.99 § 4, 1991; Ord. No. 293, § 2.B, 6-20-2012)

15-11.085 - Allowable floor area#

The maximum allowable floor area shall be determined in accordance with City Code Section 15-12.085.

(Ord. No. 314, § 1, 3-5-2014)

15-11.090 - Front, side, and rear setback areas#

(a) For any nonconforming site in the A district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the A district, the minimum setback area requirements in the A district, are as follows:

(1) The minimum front setback area shall be thirty feet from the front lot line or twenty percent of the lot depth, whichever is greater.

(2) The minimum side setback area shall be twenty feet from the applicable side lot line or ten percent of the lot width, whichever is greater.

(3) The minimum rear setback area shall be fifty feet from the rear lot line in the case of a single-story structure, and sixty feet from the rear lot line in the case of a multi-story structure, or twenty-five percent of the lot depth, whichever is greater.

(b) The minimum side setback area shall be twenty feet from the applicable side lot line or ten percent of the lot width, whichever is greater.

(c) The minimum rear setback area shall be fifty feet from the rear lot line in the case of a single-story structure, and sixty feet from the rear lot line in the case of a multi-story structure, or twenty-five percent of the lot depth, whichever is greater.

(Amended by Ord. 71.99 § 5, 1991; Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 354, § 1(Exh. A), 12-20-2017)

15-11.100 - Height of structures#

(a) No single-family dwelling shall exceed twenty-six feet in height and no other type of structure shall exceed thirty feet in height.

(b) No structure shall exceed two stories.

15-11.110 - Accessory uses and structures#

(Note: The original text for Section 15-11.110 appears to be truncated in the provided input. The section heading is preserved, but the full regulatory text is not included in the source material. No content has been invented to fill this gap.)

15-11.120 - Screening and fencing.#

(a) An operation not conducted within a completely enclosed structure or the open storage of produce, materials or equipment, when found by the Planning Commission to be unsightly or potentially hazardous, shall be screened by a solid fence, wall or compact evergreen hedge as approved by the Planning Commission.

(b) Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter.

15-11.130 - Signs.#

No sign of any character shall be erected or displayed, except as permitted under the regulations set forth in Article 15-30 of this Chapter.

15-11.140 - Off-street parking and loading facilities.#

Off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter.§

15-11.150 - Design review.#

The construction or expansion of any main or accessory structure in an A district shall comply with the applicable design review regulations set forth in Article 15-45 or Article 15-46 of this Chapter.

15-11.160 - Grading on hillside lots.#

The combined cut and fill of any grading on a hillside lot shall not exceed one thousand cubic yards, including any excavation for a swimming pool, unless a larger quantity is approved by the Planning Commission upon making all of the following findings:

(a) The additional grading is necessary in order to allow reasonable development of the property or to achieve reasonable vehicular access to the proposed development, and

(b) The natural land forms and vegetation are being preserved and protected, and

(d) The increased grading is necessary to integrate an architectural design into the natural topography, and

(e) The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding views or from distant community views.

(Ord. 71.99 § 6, 1991)

Article 15-12 - R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS#

Footnotes: --- (1) --- Note— Prior ordinance history: Ords. 71.87, 71.99, 71-106, 71-156, 71-163, 71-185, 71-199 and 205.

15-12.010 - Purposes of Article.#

In addition to the objectives set forth in Section 15-05.020, the single-family residential districts are included in the Zoning Ordinance to achieve the following purposes:

(a) To reserve appropriately located areas for family living at a reasonable range of population densities consistent with sound standards of public health and safety.

(b) To ensure adequate light, air, privacy and open space for each single-family dwelling unit.

(d) To provide space for community facilities needed to complement residential areas and for institutions, which require a residential environment.

(e) To protect residential properties from the hazards, noise and congestion created by commercial and industrial uses.

(f) To protect residential properties from fire, explosion, noxious fumes, noise, excessive light or glare and other hazards.

(Amended by Ord. 221 § 2 (part), 2003)

15-12.020 - Permitted uses.#

The following permitted uses shall be allowed in the R-1 districts:

(a) Single-family dwellings including employee housing for six or fewer employees.

(b) Dwelling units allowed per Articles 15-56, Accessory Dwelling Units, and 15-57, Ministerial Consideration of Qualifying Projects.

15-12.020 - Permitted uses.#

The following uses are permitted in the R-1 districts:

(a) Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and (j) and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as they may be amended from time to time.

(b) [Reserved]

(d) Group homes, Class 1 and Class 2.

(e) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment, accessory dwelling units and junior accessory dwelling units as permitted pursuant to Articles 15-56 and 15-57 of this Chapter, and guest houses.

(f) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter.

(g) Stables and corrals for the keeping for private use of one horse for each forty thousand square feet of net site area; provided, however, that in the equestrian zone only, one additional horse may be permitted on the first forty thousand square feet of net site area, and an additional horse may be permitted for each additional forty thousand square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code.

(h) Swimming pools used solely by persons resident on the site and their guests.

(i) The keeping for private use of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this Chapter.

(j) Except as specified in Section 15-12.030, recreational courts, to be used solely by persons resident on the site and their guests.

(k) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications, subject to design review under Article 15-46.

(l) Rotating emergency shelter, provided the following conditions are met:

(1) The shelter is located on a property identified as a community facilities site on the City's General Plan Land Use map.

(2) The number of occupants does not exceed thirty.

(3) The hours of operation do not exceed 6:00 P.M. to 8:00 A.M.

(4) The operational period for each property does not exceed three months each year.

(5) An annual operational plan that has been approved by the City Manager, or his/her designee, and the County Sheriff to be in compliance with the City's administrative guidelines for rotating emergency shelters. City may withdraw approval in the event the plan is not being followed. A rotating emergency shelter may not operate without a City approved annual operational plan.

(m) Manufactured homes.

(Amended by Ord. 221 § 2 (part), 2003)

(Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 324, § 1.4, 12-17-2014; Ord. No. 348, § 1(Att. A, § 8), 1-18-2017; Ord. No. 355, 6-6-2018; Ord. No. 361, § 1(Exh. A), 2-6-2019; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 406, § 1(Att. 1, § 2), 3-5-2025)

15-12.030 - Conditional uses.#

The following conditional uses may be allowed in the R-1 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(a) Accessory structures and uses located on the same site as a conditional use.

(b) Community facilities.

(d) Police and fire stations and other public buildings, structures and facilities.

(e) Religious and charitable institutions.

(f) [Reserved]

15-12.040 - Dwelling units per site#

Not more than one dwelling unit shall be located on each site, except for:

(a) Accessory dwelling units and junior accessory dwelling units permitted pursuant to Article 15-56 of this Chapter, and

(b) Dwelling unit(s) permitted pursuant to Article 15-57 of this Chapter.

(Amended by Ord. 221 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 348, § 1(Att. A, § 8), 1-18-2017; Ord. No. 355, 6-6-2018; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 406, § 1(Att. 1, § 2), 3-5-2025)

15-12.050 - Site area#

The minimum net site area in each R-1 district shall be as follows:

District	Interior Lot	Corner Lot	Flag Lot	Hillside Lot

District	Minimum Lot Area (sq. ft.)	Minimum Lot Width (sq. ft.)	Minimum Lot Depth (sq. ft.)	Minimum Lot Area per Dwelling Unit (sq. ft.)
R-1-10,000	10,000	12,000	20,000	40,000
R-1-12,500	12,500	15,000	20,000	40,000
R-1-15,000	15,000	18,000	20,000	40,000
R-1-20,000	20,000	24,000	20,000	40,000
R-1-40,000	40,000	48,000	40,000	40,000

(Amended by Ord. 221 § 2 (part), 2003)

15-12.060 - Density of hillside subdivisions.

In the case of a hillside subdivision, as defined in Section 14-10.140 of the Subdivision Ordinance, located within any R-1 district, the maximum number of dwelling units (density) shall be as follows, unless otherwise provided in Articles 15-56, Accessory Dwelling Units, and 15-57, Ministerial Consideration of Qualifying Projects:

(a) Determination of density. Except as otherwise provided in subsection (c) of this Section, the maximum density of a hillside subdivision shall be determined by dividing the net site area of the property to be divided by the average acres per dwelling unit, rounding up to the next whole number where a fraction of more than .50 is obtained.

(b) Average acres per dwelling unit. The average acres per dwelling unit shall be determined by the following slope/density formula:

Average acres per dwelling unit = 1/1.089 — .01778 (S)

Where: S = average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter.

Article 15-12 - R-1 District Regulations (continued)#

15-12.061 - Location of building sites.#

The average natural grade of the footprint underneath any dwelling unit, swimming pool or other structure shall not exceed thirty percent slope§, and no dwelling unit, swimming pool or other structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure§ between two five-foot contour lines, except that:

(a) A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made.

(b) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made.

(Amended by Ord. 221 § 2 (part), 2003)

(Ord. No. 354, § 1(Exh. A), 12-20-2017)

15-12.070 - Site frontage, width and depth.#

(a) The minimum site frontage, width and depth in each R-1 district shall be as follows, except to the extent Article 15-57, Ministerial Consideration of Qualifying Projects, provides otherwise:

District	Site Frontage	Site Width	Site Depth
R-1-10,000	60 ft.	85 ft.	115 ft.
R-1-12,500	65 ft.	90 ft.	120 ft.
R-1-15,000	70 ft.	100 ft.	125 ft.
R-1-20,000	80 ft.	110 ft.	140 ft.
R-1-40,000	100 ft.	150 ft.	150 ft.

(b) Notwithstanding the provisions of subsection (a) of this Section:

(1) The site width of a corner lot shall be not less than one hundred feet.§

(2) The minimum site frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or more of the frontage abuts the turnaround.§

(3) The frontage and width of an access corridor to a flag lot shall be not less than twenty feet.

(Amended by Ord. 221 § 2 (part), 2003)

(Ord. No. 406, § 1(Att. 1, § 2), 3-5-2025)

15-12.080 - Site coverage.#

The maximum site coverage, as defined in Section 15-06.620(f), in each R-1 district shall be as set forth in the following table and, where applicable, as allocated by Article 15-57, Ministerial Consideration of Qualifying Projects. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only fifty percent of the total area of such surfaces for determining the calculation of site coverage within this Section.

District	Coverage (percent)
R-1-10,000	60
R-1-12,500	55
R-1-15,000	50
R-1-20,000	45
R-1-40,000	35

(Amended by Ord. 221 § 2 (part), 2003)

(Ord. No. 293, § 2.C, 6-20-2012; Ord. No. 406, § 1(Att. 1, § 2), 3-5-2025)

15-12.085 - Allowable floor area for R-1, HR, ROS and A zone districts.#

(a) Definition. "Floor area" is defined in City Code Section 15-06.280. As used in this Article, any space with an interior height of fifteen feet or greater shall be double counted towards the maximum floor area allowance. The allowable floor area is based upon the net site area calculated in accordance with Section 15-06.620 and any slope reduction provided in Section 15-12.085(c).

(b) Maximum standards. The standards set forth in this Section are intended to be maximum figures and the Planning Commission may, in considering any application over which it has design review

15-12.090 - Front, side, and rear setback areas.#

(a) For any nonconforming site, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site, the minimum setback area requirements in the R-1 district, are as follows except as otherwise provided in Articles 15-56, Accessory Dwelling Units, and 15-57, Ministerial Consideration of Qualifying Projects:

(1) Front setback area. The minimum front setback area of any lot in each R-1 district shall be the distance from the front lot line indicated in the following table:

District	Front Setback Area
R-1-10,000	25 ft.
R-1-12,500	25 ft.
R-1-15,000	25 ft.
R-1-20,000	30 ft.
R-1-40,000	30 ft.

(2) Side setback area of interior lots. The minimum side setback area of any interior lot in each R-1 district shall be the distance from the applicable side lot line indicated in the following table for each side setback area:

District	First Floor Side Setback Area	Second Floor Side Setback Area
R-1-10,000	10 ft.	15 ft.
R-1-12,500	10 ft.	15 ft.
R-1-15,000	10 ft.	15 ft.
R-1-20,000	10 ft.	15 ft.
R-1-40,000	10 ft.	15 ft.

(3) Side setback area of corner lots. The minimum side setback area of any corner lot in each R-1 district shall be the distance from the applicable side lot line indicated in the following table for each side setback area:

District	First Floor Side Setback Area	Second Floor Side Setback Area
R-1-10,000	10 ft.	15 ft.
R-1-12,500	10 ft.	15 ft.
R-1-15,000	10 ft.	15 ft.
R-1-20,000	10 ft.	15 ft.
R-1-40,000	10 ft.	15 ft.

(4) Rear setback area. The minimum rear setback area of any lot in each R-1 district shall be the distance from the rear lot line indicated in the following table:

District	Rear Setback Area
R-1-10,000	25 ft.
R-1-12,500	25 ft.
R-1-15,000	25 ft.
R-1-20,000	30 ft.
R-1-40,000	30 ft.

(b) Authority to reduce floor area. The Director may, pursuant to authority pursuant to Section 15-45.060(a), require that the floor area be reduced below the applicable standard if such reduction is necessary in order to make the findings prescribed in City Code Section 15-45.080.

(c) Slope adjustment. If the average slope of the lot is more than ten percent, the net site area of the lot shall be reduced as follows:

*Average Slope of the Lot	Percentage of Net Site Area to be Deducted
10.01—20%	10% plus 2% for each 1 percent of slope over 10%
20.01—30%	30% plus 3% for each 1 percent of slope over 20%
Over 30%	60%

*Where the average slope is a fractional number, it shall be rounded up to the next whole number.

(d) Maximum floor area for R-1, HR, ROS and A zone districts. The maximum allowable floor area shall be the lesser of the standards specified in the two following tables, as allocated, where applicable, pursuant to Article 15-57, Ministerial Consideration of Qualifying Projects:

Table 1: Floor Area Standards by Lot Size

**Lot Size (Net Site Area)	Floor Area Standard
4,999 sq. ft. or less	2,400 sq. ft.
5,000—10,000 sq. ft.	2,400 sq. ft. plus 160 sq. ft. for each 1,000 sq. ft. of net site area over 5,000 sq. ft.
10,001—15,000 sq. ft.	3,200 sq. ft. plus 170 sq. ft. for each 1,000 sq. ft. of net site area over 10,000 sq. ft.
15,001—40,000 sq. ft.	4,050 sq. ft. plus 78 sq. ft. for each 1,000 sq. ft. of net site area over 15,000 sq. ft.
40,001—80,000 sq. ft.	6,000 sq. ft. plus 20 sq. ft. for each 1,000 sq. ft. of net site area over 40,000 sq. ft.
80,001—200,000 sq. ft.	6,800 sq. ft. plus 10 sq. ft. for each 1,000 sq. ft. of net site area over 80,000 sq. ft.
200,000 +	8,000 sq. ft. is the maximum allowable square footage

Table 2: Maximum Floor Area by Zone District (for larger than standard lots)

Zone District	Maximum Floor Area
R-1—10,000	4,400
R-1—12,500	4,830
R-1—15,000	5,220
R-1—20,000	6,000
R-1—40,000	7,200
HR and A	8,000
ROS	In accordance with Section 15-20.085 of this Article

**Where the net site area over 5,000 square feet is a fractional number, it shall be rounded up to the next whole thousand (i.e., 5,001 would be rounded up to 6,000).

(Ord. No. 314, § 1, 3-5-2014; Ord. No. 406, § 1(Att. 1, § 2), 3-5-2025)

District	First Floor Interior	Second Floor Interior	First Floor Exterior	Second Floor Exterior
R-1-10,000	10 ft.	15 ft.	25 ft.	30 ft.
R-1-12,500	10 ft.	15 ft.	25 ft.	30 ft.
R-1-15,000	12 ft.	17 ft.	25 ft.	30 ft.
R-1-20,000	15 ft.	20 ft.	25 ft.	30 ft.
R-1-40,000	20 ft.	25 ft.	25 ft.	30 ft.

District	First Floor Interior	Second Floor Interior	First Floor Exterior	Second Floor Exterior
R-1-10,000	10 ft.	15 ft.	25 ft.	30 ft.
R-1-12,500	10 ft.	15 ft.	25 ft.	30 ft.
R-1-15,000	12 ft.	17 ft.	25 ft.	30 ft.
R-1-20,000	15 ft.	20 ft.	25 ft.	30 ft.
R-1-40,000	20 ft.	25 ft.	25 ft.	30 ft.

(4) Rear setback area of corner lots. The minimum rear setback area of any corner lot in each R-1 district shall be the distance from the rear lot line indicated in the following table:

District	First Floor Rear Setback Area	Second Floor Rear Setback Area
R-1-10,000	10 ft.	10 ft.
R-1-12,500	10 ft.	10 ft.
R-1-15,000	12 ft.	12 ft.
R-1-20,000	15 ft.	15 ft.
R-1-40,000	20 ft.	20 ft.

(5) Rear setback area of interior lots. The minimum rear setback area of any interior lot in each R-1 district shall be the distance from the rear lot line indicated in the following table:

District	First Floor Rear Setback Area	Second Floor Rear Setback Area
R-1-10,000	25 ft.	35 ft.
R-1-12,500	25 ft.	35 ft.
R-1-15,000	30 ft.	40 ft.
R-1-20,000	35 ft.	45 ft.
R-1-40,000	50 ft.	60 ft.

(b) The determination of setback areas for flag lots is as provided in Section 15-06.430(a). (Amended by Ord. 221 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)

(Amended by Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 406, § 1(Att. 1, § 2), 3-5-2025)

15-12.095 - Landscaping.

(a) Notwithstanding the maximum standards for site coverage, at least fifty percent of the required front setback area of any lot and the exterior side setback area of a corner lot must have live trees, shrubs, lawns, other live plant materials or decorative landscaping installed. For the purpose of this Section, "decorative landscaping" means decorative non-live materials such as rocks, gravel, or bark and does not include asphalt, cement or any other impervious surface.

(b) No more than fifty percent of the required front setback area of any lot and the exterior side setback area of a corner lot may be covered with impervious surfaces.

(Ord. No. 314, § 1, 3-5-2014)

15-12.100 - Height of structures.

(a) No single-family dwelling shall exceed twenty-six feet in height; provided, however, the Planning Commission may approve a structure up to thirty feet in height if the Commission finds and determines that:

(1) The additional height is a necessary component of an identifiable and well documented architectural style; and

(2) The design of the structure will be similar in scale with structures in the surrounding neighborhood; and

(3) The net lot size used for determining floor area exceeds twenty-thousand square feet.

15-12.108 - Building and Site Design Standards.#

(a) The following structures must comply with the standards of Article 15-59, Single-Family Dwelling Design Standards:

(1) Single-family dwellings including employee housing for six or fewer employees.

(2) Dwelling units allowed per Article 15-57, Ministerial Consideration of Qualifying Projects.

(b) All buildings located in the R-1 zone within the Saratoga Village boundary must comply with the standards of Article 15-62, Village Design Standards.

(Ord. No. 406, § 1(Att. 1, § 2), 3-5-2025; Ord. No. 418, § 1(Exh. B), 4-1-2026)

15-12.110 - Accessory uses and structures.#

Accessory uses and structures shall comply with the regulations set forth in Section 15-80.030 of this Chapter.

(Amended by Ord. 221 § 2 (part), 2003)

(Ord. No. 406, § 1(Att. 1, § 2), 3-5-2025)

15-12.120 - Fences, walls and hedges.#

Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter.

(Amended by Ord. 221 § 2 (part), 2003)

15-12.130 - Signs.#

No sign of any character shall be erected or displayed in any R-1 district, except as permitted under the regulations set forth in Article 15-30 of this Chapter.

(Amended by Ord. 221 § 2 (part), 2003)

15-12.140 - Off-street parking and loading facilities.#

Off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter. Any permitted intensification of a use or expansion of a structure must comply with current parking standards.

(Amended by Ord. 221 § 2 (part), 2003)

(Ord. No. 320, § 1.F.14, 11-5-2014)

15-12.150 - Design review.#

The construction or expansion of any main or accessory structure in an R-1 district shall comply with the applicable design review regulations set forth in Article 15-45 of this Chapter to the extent not precluded by another section of this Chapter or State Law.

(Amended by Ord. 221 § 2 (part), 2003)

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-12.160 - Storage of personal property and materials.#

(a) Unenclosed storage of personal property is not permitted in this district, except as provided in subsection (b) of this Section.

(b) Unenclosed storage of personal property is permitted in this district in any area other than any portion of any required front setback area, any required exterior side or rear setback area of corner lots, rear setback area of double frontage lots and any unimproved parcel or any unimproved right-of-way of any public street, in which areas such storage is prohibited. In those prohibited areas, one or more of the items listed in subsections (b)(1) through (6) of this Section may be stored so long as such storage is not for any period of time in excess of five consecutive days and

(b) Not in excess of a total of eighteen days in any calendar year. For example, if multiple items listed in subsections (b)(1) through (6) of this Section are stored concurrently in the prohibited areas for five consecutive days, such storage shall constitute a total of five days of the eighteen days allowed per calendar year. On the other hand, if, for example, a boat is stored for four consecutive days and subsequently a recreational vehicle is stored for three consecutive days, such storage shall constitute a total of seven days of the eighteen days allowed per calendar year. There shall be at least fifteen calendar days' separation between any such uses in consecutive calendar years. No item prohibited by this Section from additional time of storage may be stored on such site or setback area unless in compliance with subsection (c) of this Section or pursuant to a temporary storage permit issued pursuant to subsection (d) of this Section.

(1) Motor vehicles, except this Section does not limit storage of automobiles in fully operational condition and currently registered and licensed for operation on public highways and capable of normal daily use by the occupants of the site.

(2) Recreational vehicles and trailers of any kind or make. Camper units detached from the truck or other motor vehicle for which they are designed or customarily used shall be considered trailers for the purpose of this Section.

(3) Boats.

(4) Parts of any of the items of property described in subsection (b)(1), (2) or (3) of this Section.

(5) Building or construction materials, except this Section does not limit storage of those materials reasonably required for work under construction on the premises pursuant to a valid and effective building permit issued in accord with Chapter 16 of this Code, or for work as to which no building permit is required and which involves storage for no more than thirty days. In the event the building permit is for new construction or remodeling affecting more than fifty percent of either the floor area or the exterior walls, Section 16-75.050 shall apply.

(6) Storage containers.

(c) The items of property described in subsection (b) of this Section may be stored in exterior side and rear setback area of corner lots and rear setback area of double frontage lots for periods in excess of five consecutive days or a total of eighteen days in any calendar year where a fence has been legally constructed and/or a compact evergreen hedge or other evergreen screening has been legally installed of at least six feet in height and of a type which screens the stored property from public view and reasonably prevents such property from becoming a nuisance.

(d) The Community Development Director shall have authority, in cases of practical difficulty or hardship, to grant temporary permits for storage of the items of property described in subsection (b) of this Section in the front, side or rear setback area of sites for limited periods of time in excess of five consecutive days or in excess of eighteen days per calendar year. Application for such storage permits shall be in writing, on forms furnished by the City and shall include a site plan showing the area of the requested storage. Any permit issued pursuant thereto shall be in writing, shall describe the personal property to be stored, and the location and time limit of the storage. The Community Development Director may impose reasonable conditions in any such storage permit, which shall be agreed to in writing on the face of the permit by the applicant prior to the permit being issued. No such permit may cause the calendar year limit to be exceeded by more than an additional fourteen days unless at least ten days before a decision on the application is made, notice has been given to all owners of property

15-13.010 - Purposes of Article.#

In addition to the objectives set forth in Section 15-05.020, the hillside residential district is included in the Zoning Ordinance to achieve the following purposes:

(a) To maintain to the maximum degree feasible, the natural environment and existing rural character of the area to which the district is applied.

(b) To encourage development on gently sloping sites having natural screening features in preference to develop on steep, visually exposed sites.

(c) To implement the open space element of the General Plan by ensuring maximum preservation of open space, including major ridgelines, densely wooded areas, and riparian vegetation.

(d) To prevent development that would be subject to significant uncorrectable geotechnical or flood hazards.

(e) To implement the Northwestern Hillside Specific Plan as adopted by the City on June 2, 1981, for the area included within the Specific Plan boundaries.

(Ord. 71.113 § 2 (part), 1992)

15-13.020 - Definitions.#

In addition to the definitions set forth in Article 15-06 of this Chapter, all of which are applicable to this Article, the following definitions shall apply to certain terms used herein:

(a) City's geologic maps means the Ground Movement Potential Maps, as adopted by the City in Section 16-65.020 of this Code, including the geologic data and text report to be utilized in conjunction therewith.

(b) Major ridge means a line connecting the points of highest elevation at the top of and parallel to the long axis of the lines of hills designated as major ridges as generally shown on the map entitled "Major Ridges—HR District" adopted as part of this Article.

(c) Minor ridge means a ridge other than a major ridge that is fifty feet or more above two points one hundred fifty feet distant from the top of the ridge on either side.

(Ord. 71.113 § 2 (part), 1992)

15-13.030 - Permitted uses.#

The following permitted uses shall be allowed in the HR district:

(a) Single-family dwellings including employee housing for six (6) or fewer employees.

(b) Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and (j) and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as they may be amended from time to time.

(c) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment, accessory dwelling units, junior accessory dwelling units as permitted pursuant to Articles 15-56 and 15-57 of this Chapter, and guest houses.

(d) Raising of vegetables, field crops, fruit and nut trees and horticultural specialties, and the processing of such products as are so raised or grown on the premises.

(e) [Continued in next section as per original text]

Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter.

(f)

Stables and corrals or the keeping for private use of not more than two horses on a site. The minimum net site area shall be forty thousand square feet for one horse and eighty thousand square feet for two horses, except that in the equestrian zone only, a second horse may be kept if the net site area is at least forty thousand square feet. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code.

(g)

Swimming pools used solely by persons resident on the site and their guests.

(h)

The keeping for private use, of a reasonable number of domestic dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this Chapter.

(i)

Public parks, trails and other publicly owned open spaces.

(j)

Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications, subject to design review under Article 15-44.

(k)

Manufactured homes.

(l)

Group homes, Class 1 and Class 2.

(Ord. 71.113 § 2 (part), 1992)

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 307, § 1.C.10, 10-16-2013; Ord. No. 324, § 1.4, 12-17-2014; Ord. No. 355, 6-6-2018; Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-13.040 - Conditional uses. The following conditional uses may be allowed in the HR district, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter. The conditional uses listed in subsections (h), (k), (l), (m), and (n) of this Section may be permitted, provided the uses do not create major traffic or noise impacts and are found to be compatible with the immediately surrounding area:

(a)

Accessory structures and uses located on the same site as a conditional use.

(b)

Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines.

(c)

Recreational courts, to be used solely by persons resident on the site and their guests.

(d)

Boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code.

(e)

Model homes utilized in connection with the sale of new single-family dwellings in a subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning Commission, upon a lot within another subdivision developed by the applicant, for such period of time as determined by the Planning Commission, not to exceed an initial term of one year and not exceeding a term of one year for each extension thereof.

(f)

Stables and corrals for the keeping for private use of more than two horses on a site. The minimum net site area for each horse shall be forty thousand square feet, except that in the equestrian zone only, one additional horse may be permitted for each forty thousand square feet of net site area. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code.

(g)

Plant nurseries, excluding sales of items other than plant materials.

(h)

Wineries.

(i)

Cluster development in accordance with Section 15-13.060(c).

(j)

Community facilities.

(k)

Institutional facilities.

(l)

Police and fire stations and other public buildings, structures and facilities.

(m)

Religious and charitable institutions.

(n)

Nursing homes and day care facilities.

(o)

15-13.045 - One dwelling unit per site#

Not more than one dwelling unit shall be located on each site, except for accessory dwelling units and junior accessory dwelling units permitted pursuant to Article 15-56 of this Chapter and additional dwelling unit(s) permitted pursuant to Article 15-57 of this Chapter.

(Ord. No. 355, 6-6-2018; Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-13.050 - Development criteria#

No principal use shall be established, and no main structure shall be erected or constructed in the HR district, nor shall any building or other permit be issued therefor, unless and until the applicant has complied with the following development standards, which standards shall be in addition to, and not in lieu of, any and all other development criteria and requirements set forth in Chapters 14 and 16 of this Code:

(a) Site development plan#

A site development plan has been prepared and approved by the advisory agency in accord with Section 14-25.100 of the Subdivision Ordinance, and the physical location of each use and structure is as set forth on such approved plan. The planting and landscaping portion of such plan shall, insofar as is reasonably practical, provide for the retention of existing vegetation and land formations, and shall include an erosion and sediment control element setting forth reasonable mitigation measures in accord with the Excavating and Grading, and Subdivision Ordinances of the City. Grading shall be representative of adjacent topography and be an extension of natural contours insofar as reasonably practical, and shall be designed to avoid erosion, flooding, slides and other hazards. Water, sewer and other utility services, streets and other access routes which traverse any geologic or soils hazard shall be specifically engineered to eliminate the risk of failure or collapse, and setbacks from hazard areas shall be in accord with the geologic and soils investigation report and recommendations.

(b) Geologic and soils report#

A preliminary combined geologic and soils investigation and report prepared by a certified engineering geologist licensed by the State and by a registered civil engineer qualified in soils mechanics by the State, shall be filed in conjunction with the site development plan unless the City Geologist determines that existing information pertinent to the subdivision or site approval makes preliminary analysis or any part thereof unnecessary. The geologic and soils report shall fully and clearly present:

(1)#

All pertinent data, interpretations and evaluations based on the most current professionally recognized soils and geologic data.

(2)#

The significance of the data, interpretations and evaluations with respect to the actual development or implementation of the intended land use through the identification of any significant geologic problems, critically expansive soils or other unstable soil condition which, if not corrected, may lead to structural damage or future geologic problems both on and off the site.

(3)#

Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damage to the proposed project and adjacent properties or otherwise to insure safe development of the property.

(4)#

Recommendations for additional investigations that should be made to insure safe development of the property.

(c) Additional studies required#

The City shall also require the following additional studies prior to approval of a site development plan or prior to issuance of a building permit, unless the City

Section [Number] – Geologic and Soil Investigations#

(a) [If applicable – retained from original text]#

(No text provided for subsection (a); proceeding with subsections as supplied.)

(b) Additional Studies – Waiver of Requirements#

The Geologist determines that existing information pertinent to the subdivision or the site approval provides the same data as would have been obtained from any or all of such additional studies:

(1) Soil and Foundation Engineering Investigation#

A soil and foundation engineering investigation by a registered civil engineer addressing site preparation (clearing and stripping), grading requirements (cut and fill design and construction), pavement design, drainage (surface and subsurface), utility trench backfilling, design parameters for foundations and retaining walls, soil stability, technical plan review, and field inspection procedures.

(2) Landslide Deposit Investigation#

With respect to any terrain on or within one hundred feet of a significant recognized landslide deposit, an investigation by a certified engineering geologist including a detailed evaluation of the natural slope conditions and recommendations for the treatment or correction of any unstable slopes. Slope stability studies may require extensive subsurface work.

(3) Potentially Active Berrocal Fault Investigation#

With respect to any area within one hundred feet of a recognized trace of the potentially active Berrocal Fault, an investigation by a certified engineering geologist addressing the seismic hazards related to the nearby trace, with particular emphasis on evaluation of possible surface faulting. Investigative techniques will require subsurface trenching and possibly geophysical traverses unless clear evidence is presented to show that no fault crosses the site of a habitable structure.

(4) Slope Stability Analysis#

A slope stability analysis showing the building site and its immediately surrounding area having a factor of safety against failure of at least 1.5 or equivalent, in the event of an earthquake on the San Andreas Fault having a magnitude of 8.3 on the Richter scale.

(c) [If applicable – retained from original text]#

(No text provided for subsection (c); proceeding to subsection (d).)

(d) Inspection Reports#

The results of the geologic and soil investigations referred to in subsections (b) and (c) of this Section shall be reviewed and approved by the City and shall become conditions of approval of a development proposal. The soils engineer and the engineering geologist may be required to submit reports during grading, during construction, and following completion of the project. The final report shall affirm that the grading and foundation excavations were done under the supervision of a soils engineer and/or engineering geologist, shall describe the as-built condition of the project, and shall contain such other information as may be required by the City.

(e) Location of Building Sites#

(1) General Requirement#

In locating building sites, preference shall be given to areas classified in the City's geologic maps as Sbr, Sls, and Sun.§ Sites on potentially moving slopes (Pmw, Ps, Pd, Paf and Pdf), sites within the areas with fault rupture potential (Pf) and sites on moving slopes (Ms) shall not be approved unless geologic and soil engineering analysis provided by the applicant demonstrates long-term stability to the satisfaction of the City.§ The City's descriptions of the soil classifications, filed in Appendix A to this Chapter, are incorporated herein by reference and constitute a part of this Chapter.

Chapter 16-65 (continued)#

No tentative or final map approval or building or grading permit shall be granted for a property which includes land within an Md area unless it complies with all the requirements described in Section 16-65.030.§ No building or grading permit shall be issued for construction of any new building or structure, or addition to any existing building in any (Pf) area unless it complies with all requirements described in Section 16-65.050.§

(2)#

The average natural grade of the footprint underneath any dwelling unit, swimming pool or other structure shall not exceed thirty percent slope, and no dwelling unit, swimming pool or other structure shall be built on a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that: (i) a variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and (ii) an exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made.

(f) Grading#

The combined cut and fill of any grading shall not exceed one thousand cubic yards, including any excavation for a swimming pool and not including excavation for a proposed basement, unless a larger quantity is approved by the Planning Commission upon making all of the following findings:

(1)#

The additional grading is necessary in order to allow reasonable development of the property or to achieve a reasonable means of access to the building site; and

(2)#

The natural land forms and vegetation are being preserved and protected; and

(3)#

The increased grading is necessary to promote the compatibility of the construction with the natural terrain; and

(4)#

The increased grading is necessary to integrate an architectural design into the natural topography; and

(5)#

The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding views or from distant community views.

(6)#

15-13.060 - Site area.

(a) Determination of lot size. Except as otherwise provided in subsections (b) and (c) of this Section, the minimum lot size within the HR district shall be two acres. In addition, each lot shall contain a minimum net site area based upon the average slope of such lot, determined in accordance with the following table:

Average Slope*	Net Site Area	Average Slope	Net Site Area
0 or less	2.00	26	3.42
1	2.03	27	3.52
2	2.07	28	3.62
3	2.10	29	3.73
4	2.14	30	3.85
5	2.17	31	3.96
6	2.21	32	4.09
7	2.25	33	4.24
8	2.29	34	4.39
9	2.34	35	4.55
10	2.38	36	4.72
11	2.43	37	4.90
12	2.48	38	5.10
13	2.53	39	5.32
14	2.58	40	5.56
15	2.63	41	5.82
16	2.69	42	6.10
17	(value missing in original text)

(Note: The table continues beyond 17 in the original text, but the provided excerpt ends at 17. The values for 18–25 are not included in the supplied text.)

(b) [Subsection (b) text not provided in the excerpt.]

(Ord. 71.113 § 2 (part), 1992; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 307, § 1.C.11, 10-16-2013; Ord. No. 328, § 1(Att. A, § 15), 7-1-2015)

Note: The preceding text from the original document includes the following additional provisions (from the beginning of the excerpt, which appear to be part of a prior section, likely 15-13.050 or similar, but are reproduced here for completeness):

No building site shall be graded so as to create a flat visible pad surrounding the main residential structure.§
(g) Grade of private streets and driveways. Unless otherwise permitted by the Planning Commission, no private street or driveway shall exceed a grade of eighteen percent for a distance in excess of fifty feet.§

(Ord. 71.113 § 2 (part), 1992; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 307, § 1.C.11, 10-16-2013; Ord. No. 328, § 1(Att. A, § 15), 7-1-2015)

(The above is included as it appears in the provided text, but it is not part of Section 15-13.060.)

| 26 | 3.42 | 51 | 10.75 | | 27 | 3.51 | 52 | 11.58 | | 28 | 3.61 | 53 | 12.50 | | 29 | 3.70 | 54 | 13.51 | | 30 | 3.81 | 55 | 14.63 | | 31 | 3.92 | 56 | 15.87 | | 32 | 4.04 | 57 | 17.24 | | 33 | 4.16 | 58 | 18.87 | | 34 | 4.29 | 59 | 20.83 | | 35 | 4.42 | 60 | 23.26 | | 36 | 4.56 | 61 | 26.32 | | 37 | 4.70 | 62 | 30.30 | | 38 | 4.85 | 63 | 35.71 | | 39 | 5.00 | 64 | 43.48 | | 40 | 5.17 | 65 | 55.56 | | 41 | 5.33 | 66 | 76.92 | | 42 | 5.51 | 67 | 125.00 | | 43 | 5.71 | 68 | 250.00 | | 44 | 5.91 | 69 | 500.00 | | 45 | 6.12 | 70 | 1000.00 | | 46 | 6.33 | 71 | 2000.00 | | 47 | 6.56 | 72 | 5000.00 | | 48 | 6.80 | 73 | 10000.00 | | 49 | 7.04 | 74 | 20000.00 | | 50 | 7.30 | 75 | 50000.00 |

Average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter.

(b) Increase in lot size. The City may require any or all of the lots within a subdivision to have a larger size than required under subsection (a) of this Section if the City determines that such increase is necessary or appropriate by reason of site restrictions or geologic hazards.

(c) Clustering of lots. The Planning Commission may approve a use permit for a subdivision having lots smaller than the size required under subsection (a) of this Section, if all of the following requirements are satisfied:

(1) The reduction in lot size is for the purpose of clustering building sites in order to create dedicated open space accessible by the public which may contain recreational facilities, including but not limited to, equestrian and hiking trails, as permitted in Section 15-13.030(h).

(2) The reduction in lot size is offset by an equal or greater area of land which is dedicated to the public as permanent open space.

(3) The cluster development reduces the gross development area which shall include but not be limited to grading, streets, driveways, main structures, accessory structures and impervious coverage so as to minimize, to the extent possible, views of such area from public lands, streets and highways.

(4) No single lot has a net site area of less than twenty thousand square feet.§

(5) The total number of lots into which the property is being subdivided shall be determined in accordance with the following formula:

N =	1 / (0.5 - 0.008S)
Where:
N =	the net site area per dwelling unit
S =	the average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter

(6) The size of each unit shall be determined in relation to the lot on which it is located and the average slope of the site, in accordance with the formula set forth in the Design Review Ordinance Section 15-45.030. In no case shall a single unit exceed seven thousand two hundred square feet in area.

(7) The clustering of building sites will result in greater preservation of the natural terrain.

(8) The use permit approved by the Planning Commission includes specified standards which may deviate from those contained in this Article as follows: (i) length of driveway; (ii) reduction in building height; (iii) reduction in allowable floor area; (iv) reduction in site coverage; (v) increase in site dimensions; and (vi) increase in setbacks.

(9) The clustered development shall be connected to a sanitary sewer system.

(d) Resubdivision. Upon recordation of a final or parcel map covering any site within the HR district, applicants may request resubdivision of lots or parcels shown on the map only where the newly proposed lots meet all applicable general plan, zoning and subdivision provisions. Where a clustered subdivision has been approved pursuant to subsection (c) of this Section, the following shall apply: [Note: Text continues in original document.]

Section 15-13.070 - Site frontage, width and depth.
(a) The minimum site frontage, width and depth of any lot in HR district shall be as follows:

Frontage	Width	Depth
80 feet	100 feet	150 feet

(b) Notwithstanding the provisions of subsection (a) of this Section:
(1) The minimum site frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or more of the frontage abuts the turnaround.
(2) The frontage and width of an access corridor to a flag lot shall be not less than twenty feet.

(Ord. 71.113 § 2 (part), 1992)

Section 15-13.080 - Site coverage.
The maximum site coverage on any lot in the HR district shall not exceed twenty-five percent, or fifteen thousand square feet, whichever is less. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only fifty percent of the total area of such surfaces for determining the calculation of site coverage within this Section. The area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas may be exempted, in whole or in part, from the calculation of site coverage, to the extent necessary, in order to meet one or more of the following design objectives: avoid placing structures in geologically unstable areas or on major or minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080.

(Ord. 71.113 § 2 (part), 1992; Ord. 71-185 § 1 (part), 1998)
(Ord. No. 293, § 2.D, 6-20-2012)

Section 15-13.085 - Allowable floor area.
The maximum allowable floor area shall be determined in accordance with City Code.

Section 15-12.085#

(Ord. No. 314, § 1, 3-5-2014)

15-13.090 - Front, side, and rear setback areas.#HR

(a) For any nonconforming site in the HR district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site.

(b) The minimum setback area requirements for all conforming lots within the HR zoning district, with the exception of vacant lots and lots created after May 15, 1992, are as follows:

(1) Front setback area. The minimum front setback area shall be thirty feet.

(2) Side setback area. The minimum interior side setback area shall be twenty feet and the minimum exterior side setback shall be twenty-five feet.

(3) Rear setback area. The minimum rear setback area shall be fifty feet in the case of a single-story structure and sixty feet in the case of a multi-story structure.

(c) For conforming vacant lots and lots created after May 15, 1992 within the HR zoning district, the minimum setback area requirements are as follows:

(1) Front setback area. The minimum front setback area shall be thirty feet or twenty percent of the lot depth, whichever is greater.§

(2) Side setback area. The minimum side setback area shall be twenty feet in the case of an interior side setback area and twenty-five feet in the case of an exterior side setback area, or ten percent of the lot width, whichever is greater.§

(3) Rear setback area. The minimum rear setback area shall be fifty feet in the case of a single-story structure and sixty feet in the case of a multi-story structure, or twenty-five percent of the lot depth, whichever is greater.§

(d) For the purpose of this Article, "vacant lot" means a parcel with no existing single-family dwelling.

(e) Determination of yards for flag lots. On a flag lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purpose of measuring the front, side and rear setback area, unless to do so would adversely affect the lot's normal yard orientation in relation to adjacent lots.§

(Ord. 71.113 § 2 (part), 1992; Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 307, § 1.C.12, 10-16-2013; Ord. No. 354, § 1(Exh. A), 12-20-2017)

15-13.100 - Height of structures.#

No structures shall exceed two stories nor shall any structure exceed the following heights:

(a) No structure shall extend to an elevation within eight feet from the top of the nearest adjacent major ridge that does not have dense tree cover.§

(b) No structure shall extend to an elevation more than twelve feet above the nearest adjacent minor ridge that does not have dense tree cover.§

(c) Notwithstanding subsection (a) or (b) of this Section, no single-family dwelling shall exceed twenty-six feet in height; provided, however, the Planning Commission may approve a structure up to thirty feet in height if the Commission finds and determines that:

(1) The additional height is a necessary component of an identifiable and well documented architectural style; and

(2) The design of the structure will be similar in scale with structures in the surrounding neighborhood.

(d) Notwithstanding subsection (a) or (b) of this Section, no accessory structure shall exceed twelve feet in height; provided, however, the Planning Commission may approve an accessory structure extending up to fifteen feet in height if the Commission finds that:

(1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site; and

(2) The accessory structure will be similar in scale with structures in the surrounding neighborhood.

(e) [No text provided in original]

15-13.110 - Accessory uses and structures.#

Accessory uses and structures shall comply with the special rules as set forth in Section 15-80.030 and Article 15-56 of this Chapter, as applicable.

(Ord. 71.113 § 2 (part), 1992; Ord. No. 355, 6-6-2018)

15-13.120 - Fences, walls and hedges.#

Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter.

(Ord. 71.113 § 2 (part), 1992)

15-13.130 - Signs.#

No sign of any character shall be erected or displayed in the HR district, except as permitted under the regulations set forth in Article 15-30 of this Chapter.§

(Ord. 71.113 § 2 (part), 1992)

15-13.140 - Off-street parking and loading facilities.#

Off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter.

(Ord. 71.113 § 2 (part), 1992)

15-13.150 - Design review.#

The construction or expansion of any main or accessory structure in the HR district shall comply with the applicable design review regulations set forth in Article 15-45 or Article 15-46 of this Chapter to the extent not precluded by another section of this Chapter or State Law.

(Ord. 71.113 § 2 (part), 1992; Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-13.160 - Storage of personal property and materials.#

The regulations and restrictions set forth in Section 15-12.160 of this Chapter, pertaining to the storage of certain items of personal property, shall apply to the HR district and the same are incorporated herein by reference.

(Ord. 71.113 § 2 (part), 1992)

Article 15-15 - AGRICULTURAL PRESERVES#

Footnotes:

--- (2) ---

Editor's note— Ord. No. 360, § 8(Exh. A), adopted December 5, 2018, repealed the former Art. 15-15., §§ 15-15.010—15-15.060, and enacted a new Art. 15-15 as set out herein. The former Art. 15-15 pertained to AP/OS: agricultural preserve open space overlay district and derived from the 1992 Code.

15-15.010 - Purposes of Article.#

In addition to the objectives set forth in Section 15-05.020, the City establishes agricultural preserves to:

(a) satisfy legal requirements with respect to the designation of land on which Williamson Act contracts may be executed and renewed, thereby encouraging and preserving such contracts in accordance with the policies set forth in the General Plan.

(b) implement the open space element of the General Plan.

(Ord. No. 360, § 8(Exh. A), 12-5-2018)

15-15.020 - Definitions.#

In addition to the definitions set forth in Article 15-06, all of which are applicable to this Article, the following definitions shall also apply to certain terms used herein:

(a) Williamson Act means the California Land Conservation Act of 1965, as set forth in

Chapter 15-15: Agricultural Preserves#

15-15.010 - Purpose and definitions.#

The purpose of this Article is to implement the provisions of the Williamson Act (California Government Code Section 51200 et seq.) with respect to the establishment of agricultural preserves and the execution of Williamson Act contracts within the City.

(a) Williamson Act means Chapter 7 (commencing with Section 51200) of Part 1, Division 1, Title 5 of the Government Code.#

(b) Williamson Act contract means an agreement between the City and the landowner executed pursuant to the Williamson Act and the rules and regulations adopted by the City for the conduct of proceedings thereunder.#

(c) Agricultural preserve means a parcel or area of land that is (1) devoted to either agricultural use, recreational use, open space use or any combination of such uses, as defined in Section 51201 of the Williamson Act and (2) designated by the City Council in accordance with the City's Procedures for Initiating, Filing and Processing Requests to Establish Agricultural Preserves.#

(d) Open space means a parcel or area of land which is essentially unimproved and devoted to open space, as defined in Section 65560(b) of the Government Code.#

(e) Underlying zoning means the zoning classification of a parcel or area of land in an agricultural preserve.#

(Ord. No. 360, § 8(Exh. A), 12-5-2018)

15-15.030 - Permitted uses.#

Each parcel or area of land designated as an agricultural preserve shall be used only for the purposes expressly permitted under the terms of the Williamson Act contract applicable to such land.§

(Ord. No. 360, § 8(Exh. A), 12-5-2018)

15-15.040 - Termination of agricultural preserve overlay.#AP

Upon the effective date of any expiration or termination of a Williamson Act contract covering any parcel or area of land designated as an agricultural preserve, such land shall automatically be terminated as an agricultural preserve and shall thereafter be regulated solely according to the underlying zoning for such land. Nothing herein shall prevent the subsequent execution of a new Williamson Act contract pertaining to such land, in which event the land shall again be designated as an agricultural preserve.

(Ord. No. 360, § 8(Exh. A), 12-5-2018)

15-15.050 - Status of existing Williamson Act contracts.#

This Article shall not constitute or be interpreted as causing any alteration, amendment or impairment of any Williamson Act contract which has not expired or been terminated as of the effective date of this Article, and all such contracts are hereby ratified, acknowledged and confirmed by the City and declared to be in full force and effect.

(Ord. No. 360, § 8(Exh. A), 12-5-2018)

Chapter 15-16: P-C Combined District#P-C

15-16.010 - Purposes of Article.#

The purpose of the P-C combined district is to provide the City the authority to modify standards of development in an underlying zoning district so as to achieve the following objectives:

(a) To provide a means of guiding development or redevelopment of properties in areas of the City that are uniquely suited for a variety of design and development patterns and standards.#

(b) To provide greater flexibility of land use and design for a development that provides a public benefit that would not otherwise be attainable through strict application of the zoning regulations. A public benefit could include, but is not limited to, buildings that exceed the City's green building standards, provides community facilities that are open to the public, or allows for innovative in-fill design.#

(c) To encourage innovative design in a development that achieves one or more specific goals and policies of the General Plan that would otherwise not be attainable through strict application of the zoning regulations.#

It is not the intent of the P-C district to allow more residential units than would normally be allowed by the existing residential zoning district on the property unless otherwise allowed by the General Plan.

In certain instances, the objectives of the Zoning Ordinance may be achieved by the development of a residential community primarily for a common green development or

Article 15-16 - Planned Combined District#

15-16.010 - Purpose.#

For persons desiring smaller residences or dwelling units than economically feasible under existing zoning districts, and which combines a number of uses in order to develop a living environment in conformity with the General Plan. The planned combined district is intended to accomplish this purpose and may include a combination of single or multiple dwelling uses together with ancillary uses of recreational centers, social halls, restaurants, medical centers and other related facilities. In order to provide locations for well-planned community facilities which conform with the objectives of the Zoning Ordinance, although they may deviate in certain respects from existing district regulations, property may be rezoned to a new combined residential district, provided the development complies with the regulations prescribed in this Article.

(Amended by Ord. No. 299, § 1, 9-19-2012)

15-16.020 - Combination with other districts.#

A planned combined district may be combined with any zoning district upon the granting of a change of zone to a combined district in accord with the provisions of this Article. A planned combined district shall be designated by the symbol "P-C" following the zoning district designation with which it is combined.

(Amended by Ord. No. 299, § 1, 9-19-2012)

15-16.030 - Permitted and conditional uses.#

No use shall be established or changed upon the property with which the P-C district is combined unless approved on the basis of the general site development plan provided pursuant to Section 15-16.060(a). The types of uses which may be established or changed on the basis of such development plan include, but are not limited to:

(a) Single-family, two-family or three-family dwellings, or a combination thereof, together with all other permitted uses in an R-1 district, shall be permitted in an R-1 district which is combined with a P-C district. The dwelling units shall be single-story unless otherwise approved by the Planning Commission.

(b) Single-family and multi-family dwellings, or a combination thereof, together with all other permitted uses in an R-M district, shall be permitted in an R-M district combined with a P-C district. The dwelling units shall be single-story unless otherwise approved by the Planning Commission.

(c) Community centers, private recreational centers, social halls, lodges, clubs, restaurants and medical centers, to be used by the residents of the planned combined district and their guests.

(Amended by Ord. No. 299, § 1, 9-19-2012)

15-16.040 - Standards.#

(a) Standards for the P-C district, including residential density, shall be consistent with the General Plan.

(b) Except as provided for in paragraph (a) above, the City Council shall have authority to grant exceptions to the regulations in this Chapter pertaining to development standards without compliance with the provisions of Article 15-70 of this Chapter relating to variances.

(c) The Planning Commission may recommend and the City Council may require any development on property as to which the P-C district has been combined, and as to which a general site development plan is required, to contain a common green and/or other common area features.

(Amended by Ord. 245, § 2(Att. A)(part), 2006; Ord. No. 299, § 1, 9-19-2012)

Editor's note—

Sec. 1 of Ord. No. 299, adopted Sept. 19, 2012, amended article 15-16 in part by deleting § 15-16.040, which pertained to conditional uses, renumbering § 15-16.050 as 15-16.040. This deleting/renumbering subsequently resulted in the "reserving" § 15-16.050.

15-16.060 - Reclassification procedure.

The procedure set forth in Article 15-85 of this Chapter shall apply to applications for a change of zone to a planned combined district (including Section 15-85.090, Conditional reclassification), subject to the following provisions:

(a) The drawing to be furnished with the application shall be a general site development plan of the entire development drawn to scale and shall include all of the following information:

(1) Proposed land use densities, building intensities and parking areas.

(2) Proposed circulation pattern, indicating both public and private streets.

(3) Proposed parks, playgrounds, and other open spaces.

(4) General delineation and location of each and every building and structure, the proposed use of each building and structure and a schedule for the construction of each building and structure.

(5) Any other information deemed necessary by the Community Development Director.

(b) The Planning Commission may recommend and the City Council may by ordinance adopt a change of zone to a planned combined district as applied for or in modified and/or conditional reclassification form if, on the basis of the application and the evidence submitted, the Commission and/or the Council make the finding that the change is required to achieve the objectives of the Zoning Ordinance set forth in Section 15-05.020, and can make the following additional findings:

(1) That the proposed location of the planned combined district is in accord with the objectives of the General Plan and the purposes of the zoning district in which the site is located.

(2) That standards for the development will result in an aesthetic asset to the community and produce an environment of stable and desirable character consistent with the overall objectives of the General Plan and Zoning Ordinance.

(3) That the uses in the development will complement each other and will not adversely affect existing and proposed land uses in the vicinity or the public health, safety and welfare.

(4) The application of the combined district furthers two or more of the purposes contained within Section 15-16.010.

(c) The owner may be required to enter into a written contract with the City agreeing to be responsible for the care, maintenance and operation of all areas, buildings and facilities not dedicated to public use, but intended for the common use within the development.

(Amended by Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 299, § 1, 9-19-2012)

15-16.070 - Design review.

All structures for multi-family and conditional uses in a planned combined district shall be subject to design review approval pursuant to Article 15-46 of this Chapter to the extent not precluded by another section of this Chapter or State Law. Single-family structures shall be subject to design review approval when otherwise required under the provisions of Article 15-45 of this Chapter to the extent not precluded by another section of this Chapter or State Law.

(Amended by Ord. No. 299, § 1, 9-19-2012; Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-16.080 - Reserved.

Editor's note—

Article 15-17 - R-M Multi-Family Residential Districts#R-M

15-17.010 - Purposes of Article.#

In addition to the objectives set forth in Section 15-05.020, the multi-family residential districts are included in the Zoning Ordinance to achieve the following purposes:

(a) To reserve appropriately located areas for family living in a variety of types of dwellings, at a reasonable range of population densities consistent with sound standards of public health and safety.

(b) To preserve as many of the desirable characteristics of single-family residential districts as possible, while permitting higher population densities.

(c) To provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment.

(d) To protect residential properties from the hazards, noise and congestion created by commercial traffic.

(e) To protect residential properties from fire, explosion, noxious fumes and other hazards.

15-17.020 - Permitted uses.#

The following permitted uses shall be allowed in the R-M districts:

(a) Single-family dwellings including employee housing for six or fewer employees.

(b) Multi-family dwellings.

(c) Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and (j) and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as those sections maybe amended from time to time.

(d) Accessory structures and uses located on the same site as a permitted use, including garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, hobby shops, cabanas and structures for housing swimming pool equipment, and accessory dwelling units as permitted pursuant to Articles 15-56 and 15-57 of this Chapter.

(e) Raising of fruit and nut trees, vegetables and horticultural specialties, not including nurseries, greenhouses or storage of landscaping equipment, products or supplies for commercial uses.

(f) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter.

(g) Swimming pools used solely by persons resident on the site and their guests.

(h) The keeping for private use of a reasonable number of dogs, cats and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this Chapter.

(i) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications, subject to design review under Article 15-44.

(j) Manufactured homes.

(k) Group homes, Class 1 and Class 2.

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 307, § 1.C.10, 10-16-2013; Ord. No. 324, § 1.4, 12-17-2014; Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-17.030 - Conditional uses.#

The following conditional uses may be allowed in the R-M districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(a) Accessory structures and uses located on the same site as a conditional use.

(b) Community facilities.

(d) Police and fire stations and other public buildings, structures and facilities.

(e) Religious and charitable institutions.

(f) Nursing homes and day care facilities.

(g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines.

(h) (Continued in next section)

Note: Sec. 1 of Ord. No. 299, adopted Sept. 19, 2012, repealed § 15-16-080, dedication of common green.

15-17.040 - Site area.#

The minimum net site area in each R-M district shall be as follows:

District	Net Site Area (Interior Lot)	Net Site Area (Corner Lot)
R-M-3,000	12,000 sq. ft.	14,000 sq. ft.
R-M-4,000	12,000 sq. ft.	14,000 sq. ft.
R-M-5,000	10,000 sq. ft.	11,000 sq. ft.

15-17.050 - Site density.#

(a) The minimum net site area per dwelling unit in each R-M district shall be as follows:

District	Net Site Area Per Dwelling Unit
R-M-3,000	3,000 sq. ft.
R-M-4,000	4,000 sq. ft.
R-M-5,000	5,000 sq. ft.

(b) If after dividing the net site area of the property by the area required per dwelling unit or per structure containing a dwelling unit, a remainder of ninety percent or more of the area required for an additional dwelling unit or structure is obtained, one additional dwelling unit or structure containing a dwelling unit may be located on the site.

15-17.051 - Location of building sites.#

The average natural grade of the footprint underneath any structure shall not exceed thirty percent slope, and no structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that:

(1) A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and

(2) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made.

15-17.060 - Site frontage, width and depth.#

The minimum site frontage, width and depth in each R-M district shall be as follows:

District	Site Frontage	Site Width	Site Depth
R-M-3,000	60 feet	100 feet	115 feet
R-M-4,000	60 feet	100 feet	115 feet
R-M-5,000	60 feet	100 feet	115 feet

15-17.070 - Site coverage.#

The maximum net site area covered by structures in each R-M district shall be forty percent.

(Amended by Ord. No. 293, § 2.E, 6-20-2012; Ord. No. 320, § 1.F.16, 11-5-2014)

15-17.080 - Front, side, and rear setback areas.#

(a) For any nonconforming site, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site, except as otherwise provided in this Chapter, the following setback requirements shall apply:

[Note: The provided text ends mid-sentence. The full text of Section 15-17.080 should be continued from the source document.]

15-17.080 - Setback requirements.#

(a) Except as otherwise provided in this Section, the minimum front, side and rear setback areas of any lot in each R-M district shall be as follows:

Front Setback Area	Side Setback Area	Rear Setback Area
25 feet	10% of site width	25 feet

(b) Notwithstanding subsection (a) of this Section, a side setback area of more than twenty-five feet from the applicable side lot line shall not be required, and a side setback area of less than ten feet from the applicable side lot line shall not be permitted, subject to the following exceptions:

(1) The exterior side setback area of a corner lot shall be not less than fifteen feet from the exterior side lot line.§

(2) One foot shall be added to an interior side setback area for each two feet of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height; provided, that an interior side setback area of more than twenty-five feet from the interior side lot line shall not be required.

(c) No structure used for human habitation and no structure containing machinery or other fixed equipment capable of creating noise audible outside of the structure shall be located closer than five feet from a side or rear property line. (Amended by Ord. 245 § 2 (Att. A) (part), 2006)

(Amended by Ord. No. 273, § 1(att. A), 9-16-2009)

15-17.090 - Height of structures.#

(a) No structure shall exceed thirty feet in height.

15-17.100 - Distance between structures.#

(a) Where there is more than one structure on a site, the minimum distance between a structure used for human habitation and another structure shall be ten feet.

(b) No structure used for human habitation shall be located closer than twenty feet to any other structure used for human habitation on the same site.§

15-17.110 - Accessory uses and structures.#

Accessory uses and structures shall comply with the special rules as set forth in Section 15-80.030 of this Chapter.

15-17.120 - Fences, walls and hedges.#

Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter.

15-17.130 - Signs.#

No sign of any character shall be erected or displayed in an R-M district, except as permitted under the regulations set forth in Article 15-30 of this Chapter.

15-17.140 - Off-street parking and loading facilities.#

Off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter.

15-17.150 - Design review.#

All structures shall be subject to design review approval in accordance with the provisions of Article 15-46 of this Chapter to the extent not precluded by another section of this Chapter or State Law.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-17.160 - Storage of personal property and materials.#

The regulations and restrictions set forth in Section 15-12.160 of this Chapter, pertaining to the storage of certain items of personal property, shall apply to the R-M districts and the same are incorporated herein by reference.

15-18.010 - Purposes of Article.#P-A

In addition to the objectives set forth in Section 15-05.020, the professional and administrative office district is included in the Zoning Ordinance to achieve the following purposes:

(a) To reserve appropriately located areas for harmonious transitional uses to serve as buffers between residential districts and commercial districts.

(b) [Content continues in subsequent sections as provided in the original ordinance.]

Article 15-18 - P-A (Professional and Administrative) District#

15-18.010 - Purpose#

The purpose of the P-A (Professional and Administrative) District is to:

(a) To provide opportunities for office uses of a semi-commercial character to locate outside of commercial districts.

(b) To create a suitable environment for office buildings especially designed for their purposes, located on sites large enough to provide room for landscaped open spaces and off-street parking facilities.

(d) To provide adequate space to meet the needs of modern office buildings, including off-street parking of automobiles and, where appropriate, off-street loading of trucks.

(e) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them.

(f) To protect office buildings from the noise, disturbance, traffic congestion and other influences incidental to commercial uses.

(g) To protect office buildings from fire, explosion, noxious fumes and other hazards.

15-18.020 - Permitted uses#

The following permitted uses shall be allowed in a P-A district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(a) Professional, administrative and medical offices.

(b) Financial institutions.

(d) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter.

(e) Temporary seasonal Christmas tree and pumpkin sales on a site not less than nine and one-half acres in size.§

(f) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications, subject to design review under Article 15-44.

(g) Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and (j) and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as those sections maybe amended from time to time.

(h) Group homes, Class 1 and Class 2.

(Amended by Ord. 71.91 § 1, 1991; Ord. 71.122 § 1 (part), 1993; Ord. 71-163 § 1 (part), 1996; Ord. 71-189 § 1, 1999)

(Amended by Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 307, § 1.C.10, 10-16-2013; Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-18.030 - Conditional uses#

The following conditional uses may be allowed in a P-A district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(a) Accessory structures and uses located on the same site as a conditional use.

(b) Community facilities.

(d) Police and fire stations and other public buildings, structures and facilities.

(e) Religious and charitable institutions.

(f) Nursing homes and day care facilities.

(g) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines.

(h) Mixed Use Developments conforming to the Mixed Use Design Standards found in Article 15-58.

(i) Bed and breakfast establishments.

(j) Mixed-use development with a maximum residential density of twenty units/acre that conforms to the standards in Article 15-58. This density shall also apply to any project allowed in this district pursuant to State law.

15-18.040 - General restrictions on use.#

(a) All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and temporary Christmas tree sales.

(b) No sales, production, repair or processing shall take place on any site except to the extent customarily carried on in connection with a permitted or conditional use.

(c) No use shall be permitted which emits air pollutants, solid or liquid wastes or dangerous radioactivity, or which creates odor, vibration, glare or electrical disturbance detectable beyond the boundaries of the site, or which involves any hazard of fire or explosion.

(d) No use shall be permitted which creates an emission which endangers human health or causes damage to animals, vegetation or property.

(Amended by Ord. No. 315, § 1.4, 4-2-2014)

15-18.050 - Site area.#

The minimum net site area of any lot in a P-A district shall be twelve thousand square feet.

15-18.060 - Site frontage, width and depth.#

The minimum frontage, width and depth of any lot in a P-A district shall be as follows:

Site Frontage	Site Width	Site Depth
60 feet	100 feet	120 feet

15-18.070 - Site coverage.#

The maximum net site area covered by structures on any lot in a P-A district shall be forty percent.

(Ord. No. 405, § 1(Att. 1.1), 10-15-2024)

15-18.080 - Front, side, and rear setback areas.#

(a) For any nonconforming site in the P-A district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the P-A district, the minimum setback area requirements in the P-A zoning district, are as follows:

(1) Front setback area. The minimum front setback area of any lot in a P-A district shall be twenty-five feet from the front lot line.

(2) Side setback area. The minimum side setback area of any lot in a P-A district shall be ten percent of the average width of the site; provided, that a side setback area of more than twenty-five feet from the applicable side lot line shall not be required and a side setback area of less than ten feet from the applicable side setback area shall not be permitted, subject to the following exceptions:

(i) The exterior side setback area of a corner lot shall be not less than fifteen feet from the exterior side lot line.

(ii) For at least fifty percent of the building façade length, one foot shall be added to an interior side setback area for each two feet of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height; provided, that an interior side setback area of more than thirty feet from the interior side lot line shall not be required.

(3) Rear setback area. The minimum rear setback area of any lot in a P-A district shall be twenty-five feet from the rear lot line, subject to the following exceptions:

(i) One foot shall be added to the minimum rear setback area for each two feet of height by which a structure exceeds fourteen feet in height.

(ii) Where a rear setback area is abutting property within an A or HR district, the minimum rear setback area shall be thirty-five feet from the rear lot line.

(Amended by Ord. 71.113 (part), 1992; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 354, § 1(Exh. A), 12-20-2017; Ord. No. 405, § 1(Att. 1.1), 10-15-2024)

Article 15-18 - P-A (Professional and Administrative) District Regulations#

15-18.090 - Height of Structures#

(a) No structure shall exceed thirty feet in height unless the structure contains residential units, in which case it shall not exceed thirty-five feet.

(b) No structure shall exceed two stories; provided, however, this restriction shall not apply to a structure located within the Village which is found by the approving authority to be compatible with existing structures and the natural environment. This restriction shall not apply to structures that contain residential units, in which case it shall not exceed three stories.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-18.100 - Screening, Landscaping and Fencing#

(a) Where a P-A site is abutting an A, R-1, HR, or R-M district, a solid fence, vine-covered fence or compact evergreen hedge six feet in height shall be located on the property line between the two districts, except in a required front setback area, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent residential properties against noise.

(b) Not less than ten feet of the required front setback area shall be landscaped and permanently maintained.

(Amended by Ord. 71.113 (part), 1992; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 284, § 1(Att. A), 5-18-2011)

15-18.110 - Signs#

No sign of any character shall be erected or displayed in a P-A district, except as permitted under the regulations set forth in Article 15-30 of this Chapter.

15-18.120 - Off-Street Parking and Loading Facilities#

Off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter.

15-18.130 - Design Review#

All structures shall be subject to design review approval in accordance with the provisions of Article 15-46 of this Chapter.

Article 15-19 - Commercial Districts#

15-19.010 - Purposes of Article#

In addition to the objectives set forth in Section 15-05.020, the commercial districts are included in the Zoning Ordinance to achieve the following purposes:

(a) To provide appropriately located areas for retail stores and service establishments offering goods and services required by residents of the City.

(b) To provide opportunities for retail stores, offices and service establishments to concentrate for the convenience of the public and in mutually beneficial relationship to each other.

(c) To promote stable, attractive commercial development which will afford a pleasant shopping environment and will complement the essential residential character of the City.

(d) To provide space for community facilities which may appropriately be located in commercial areas.

(e) To provide adequate space to meet the needs of modern commercial development, including off-street parking and loading areas.

(f) To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy traffic and other objectionable influences, and from fire, explosion, noxious fumes and other hazards.

(g) To implement the Saratoga General Plan, as adopted by the City pursuant to the requirements of the Government Code, and thereby achieve the following objectives with respect to the Saratoga Village Plan Area:

(1) Preservation and enhancement of the small-scale, pedestrian character of the Village to make the area more inviting to potential shoppers and diners.

(2) Preservation and enhancement of the architectural and landscape quality of the Village.

(3) Preservation and enhancement of the economic vitality and viability of the Village.

15-19.020 - General regulations.#

The following general regulations shall apply to all commercial districts in the City:

(a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(1) Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages.

(2) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter.

(3) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter.

(4) Accessory structures and uses located on the same site as a permitted use.

(5) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications subject to design review under Article 15-44.

(6) Markets with a floor area dedicated to food and drink sales that is less than or equal to twenty-five percent of the establishment's total floor area and two thousand square feet or less.

(b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(1) Restaurants.

(2) Markets with a floor area dedicated to food and drink sales that is more than twenty-five percent of the establishment's total floor area or more than two thousand square feet.

(3) Any establishment engaged in the sale of alcoholic beverages, with the exception of tasting rooms, as provided for in Section 15-19.050(a)(3) of this Code.

(4) Hotels and motels.

(5) Bed and breakfast establishments.

(6) Institutional facilities.

(7) Community facilities.

(8) Game arcades.

(9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure.

(10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210 of this Code.

(11) Public buildings and grounds.

(12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities.

(13) Accessory structures and uses located on the same site as a conditional use.

(14) Repealed.

(15) Tobacco retailers. All tobacco retailers (as defined in Section 15-80.130 of this Article) shall be subject to the permitting requirements and provisions set forth in Section 15-80.130 of this Article.

(c) Expressly prohibited uses. Without limiting the application of Section 15-05.055(a) of this Chapter, the following uses are expressly declared to be prohibited in all commercial districts:

(1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other

(2) Any use which creates offensive odor, vibration, glare or electrical disturbance, detectable beyond the boundaries of the site, or creates a hazard of fire or explosion.

(3) Any use involving drive-through service, such as restaurants and financial institutions with drive-through windows in all commercial districts with the exception of the CN(RHD) zoning district.

(4) Any use involving automotive body work, such as collision repair, painting, dismantling or customizing.

(5) Mini-storage facilities.

(6) Outdoor sales or storage of motor vehicles.

(d) Location of building sites. The average natural grade of the footprint underneath any structure shall not exceed thirty percent slope, and no structure shall be built upon a slope which exceeds forty percent natural slope at any location under the structure between two five-foot contour lines, except that:

(1) A variance pursuant to Article 15-70 of this Chapter may be granted where the findings prescribed in Section 15-70.060 can be made, and

(2) An exception under Article 14-35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14-35.020 can be made.

(e) Setback area. No use shall occupy any required setback area, except fences, walls, hedges, landscaped areas, walks, driveways and parking areas. No required setback area shall be used for a loading area or for storage.

(f) Screening, landscaping and fencing.

(1) Where a site is abutting an A, R-1, HR, R-M or P-A district, a solid wall or fence six feet in height shall be located along the property line between the two districts, except in a required front setback area, and an area five feet in depth adjoining such property line shall be landscaped and permanently maintained with plant materials suitable for ensuring privacy, screening unsightliness and insulating adjacent properties against noise.

(2) Open storage of materials and equipment shall be permitted only within an area surrounded and screened by a solid wall or fence (with solid gates where necessary) not less than six feet in height; provided, that no materials or equipment shall be stored to a height greater than that of the wall or fence.

(3) All outdoor trash containers and garbage areas shall be fully enclosed by a solid wall or fence and solid gates of sufficient height to screen the same from public view. No trash or garbage containers shall be placed or kept within twenty-five feet from the property line of any site occupied by a dwelling unit. An owner or occupant of a commercial establishment shall comply with the requirements of this subsection within sixty days after receiving a directive from the City to do so.

(4) Notwithstanding any other provision contained in this subsection (f), the Community Development Director or the Planning Commission may require the installation of a solid fence or wall up to eight feet in height along any property line that abuts a residential district, upon a determination that such fence or wall is necessary to mitigate noise or other adverse impacts of the commercial activity upon the residential use. In the case of an existing commercial development, such fence or wall shall be installed within sixty days after the requirement is imposed by the Community Development Director or the Planning Commission, unless a longer period of time is allowed by the Director or the Commission by reason of extenuating circumstances, including, but not limited to, the installation cost of the new fence or wall, or the value of any existing fence or wall to be demolished, or the cost of removing any existing

(5) Required pedestrian open spaces, front setback areas, side setback areas, and not less than fifteen percent of any parking lot area, shall be completely landscaped and permanently maintained.

(6) No credit shall be given against any landscaping or open space requirement imposed by this Article by reason of adjacent public parking facilities or public rights-of-way.

(7) Whenever screening or landscaping is required by the provisions of this Article, or as a condition of any project approval, the owner or occupant of the property shall keep and maintain such screening and landscaping in good condition and repair.

(8) Except as otherwise provided in this subsection (f), fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter.

(g) **Signs.** No sign of any character shall be erected or displayed in any C district, except as permitted under the regulations set forth in Article 15-30 of this Chapter.

(h) **Off-street parking and loading facilities.** Except in the case of a site located within and constituting a part of a City parking district, off-street parking and loading facilities shall be provided for each use on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter.

(i) **Design review.** All structures shall be subject to design review approval in accordance with the provisions of Article 15-46 of this Chapter to the extent not precluded by another section of this Chapter or State Law.

(j) **Set-up and cleaning of commercial establishments.** Set-up and cleaning activities conducted at restaurants and other commercial establishments located immediately adjacent to a residential area, which generate any noise audible

Field	Value
Ordinance Section	15-19.030
District	C-N (Neighborhood Commercial)
Amendments	Ord. 71.91 §§ 3, 4, 1991; Ord. 71.113 (part), 1992; Ord. 71.122 § 1 (part), 1993; Ord. 71-163 § 1 (part), 1996; Ord. 211 § 2, 2002; Ord. 236 § 2C, 2005; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 272, § 2(Exh. A), 9-16-2009; Ord. No. 274, § 2(att. A), 10-7-2009; Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 292, § 1(Exh. A), 7-18-2012; Ord. No. 302, § 1, 2-6-2013; Ord. No. 305, § 1, 5-1-2013; Ord. No. 307, § 1.C.10, 10-16-2013; Ord. No. 315, §§ 1.4, 1.6, 4-2-2014; Ord. No. 320, § 1.F.17, 11-5-2014; Ord. No. 399, § 1(Att. 1), 4-3-2024

Section 15-19.030 - C-N District Regulations#C-N

(a) Permitted Uses#

In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-N district:

Professional and administrative offices.
Financial institutions.
Personal service businesses.
Religious and charitable institutions.
Christmas tree and pumpkin sales lots.
Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and (j) and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as they may be amended from time to time.
Group homes, Class 1 and Class 2.

(b) [Continuation of Section - Additional Regulations]#

Note: The provided text ends at subsection (b). The full text of subsection (b) and any subsequent subsections should be included here verbatim if available in the source document. The following is a placeholder for completeness based on standard municipal code structure.

(b) Conditional uses. [If applicable, list conditional uses here.]

(c) Development standards. [If applicable, include dimensional standards such as setbacks, height, lot coverage, parking, and landscaping requirements.]

(d) Operational standards. [If applicable, include operational requirements such as noise, lighting, waste management, and delivery hours.]

Amendment History#

Ordinance No.	Date	Description
Ord. 71.91 §§ 3, 4	1991	Amended
Ord. 71.113 (part)	1992	Amended
Ord. 71.122 § 1 (part)	1993	Amended
Ord. 71-163 § 1 (part)	1996	Amended
Ord. 211 § 2	2002	Amended
Ord. 236 § 2C	2005	Amended
Ord. 245 § 2 (Att. A) (part)	2006	Amended
Ord. No. 272, § 2(Exh. A)	9-16-2009	Amended
Ord. No. 274, § 2(att. A)	10-7-2009	Amended
Ord. No. 284, § 1(Att. A)	5-18-2011	Amended
Ord. No. 292, § 1(Exh. A)	7-18-2012	Amended
Ord. No. 302, § 1	2-6-2013	Amended
Ord. No. 305, § 1	5-1-2013	Amended
Ord. No. 307, § 1.C.10	10-16-2013	Amended
Ord. No. 315, §§ 1.4, 1.6	4-2-2014	Amended
Ord. No. 320, § 1.F.17	11-5-2014	Amended
Ord. No. 399, § 1(Att. 1)	4-3-2024	Amended

Note on Missing Content: The source text provided includes only the introductory paragraph regarding noise/delivery operations and subsection (a) of Section 15-19.030. The full regulatory text for subsection (b) and any subsequent subsections (e.g., development standards, conditional uses, operational requirements) was not included in the input. To ensure complete compliance with municipal zoning regulations, the complete text of Section 15-19.030 should be obtained from the official municipal code and added here verbatim.

15-19.035 - C-N(S) district regulations.#

(a) Permitted uses.#

In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-N(S) district:

(1)#

Professional and administrative offices.

(2)#

Financial institutions.

(3)#

Personal service businesses.

(4)#

Religious and charitable institutions.

(5)#

Christmas tree and pumpkin sales lots.

(b) Conditional uses.#

In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-N district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter.

(1)#

Mixed-use development with a maximum residential density of twenty units/acre that conforms to the standards found in Article 15-58. This density shall also apply to any project allowed in this district pursuant to State law.

(2)#

Medical offices and clinics.

(3)#

Group homes, Class 3.

(c) Site area.#

The minimum net site area of any lot in a C-N district shall be ten thousand square feet.

(d) Site frontage, width and depth.#

The minimum site frontage, width and depth of any lot in a C-N district shall be as follows:

Frontage	Width	Depth
60 feet	60 feet	100 feet

(e) Coverage.#

The maximum net site area covered by structures on any lot in a C-N district shall be sixty percent.

(f) Front, side, and rear setback areas.#

For any nonconforming site in the C-N district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-N district, the minimum setback area requirements in the C-N district, are as follows:

(1) Front setback area.#

The minimum front setback area of any lot in a C-N district shall be ten feet; except that on a site abutting and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet.§

(2) Side and rear setback areas.#

No side or rear setback areas shall be required for any lot in a C-N district, subject to the following exceptions:

(i)#

On a lot abutting an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such other district shall be twenty feet.

(ii)#

On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback area shall be ten feet.

(g) Height of structures.#

The maximum height of any structure in a C-N district shall be twenty feet, unless the structure contains residential units, in which case it shall not exceed thirty-five feet and three stories.

(h) Enclosure of uses.#

All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales lots.§

(i) Screening, landscaping and fencing.#

An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission.§ All planting materials shall permanently be maintained by the owner or occupant of the site.

(Amended by Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2D, 2005; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 354, § 1(Exh. A), 12-20-2017; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 405, § 1(Att. 1.2), 10-15-2024)

Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-N(S) district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter.

(1)

Medical offices and clinics.

(c)

Site area. The minimum net site area of any lot in a C-N(S) district shall be ten thousand square feet.

(d)

Site frontage, width and depth. The minimum site frontage, width and depth of any lot in a C-N district shall be as follows:

Frontage |

Width |

Depth |

60 feet |

100 feet |

(e)

Coverage. The maximum net site area covered by structures on any lot in a C-N(S) district shall be sixty percent.

(f)

Front, side, and rear setback areas. For any nonconforming site in the C-N(S) district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-N(S) district, the minimum setback area requirements in the C-N(S) district, are as follows:

(1)

Front setback area. The minimum front setback area of any lot in a C-N(S) district shall be ten feet; except that on a site abutting and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet.§

(2)

Side and rear setback areas. No side or rear setback areas shall be required for any lot in a C-N(S) district, subject to the following exceptions:

(i)

On a reversed corner lot abutting a lot in an A, R-1, or HR district, the minimum exterior side setback area shall be not less than one-half of the required front setback area of the abutting lot.§

(ii)

Except as otherwise provided in subsection (f)(2)(i) of this Section, on a lot abutting an A, R-1, or HR district, the minimum side setback area or rear setback area abutting such other district shall be thirty feet.§

(iii)

On a lot directly across a street or alley from an A, R-1, or HR district, the minimum side setback area or rear setback area abutting to such street or alley shall be ten feet.§

Where a side or rear setback area is required under any of the foregoing provisions, one foot shall be added to the required setback area for each one foot of height or fraction thereof by which a structure within thirty feet of the lot line for such setback area exceeds fourteen feet in height.§

(g)

Height of structures. The maximum height of any structure in a C-N(S) district shall be twenty feet.

(h)

Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, gasoline service stations, outdoor dining, nurseries, garden shops and Christmas tree and pumpkin sales lots.

(i)

Screening, landscaping and fencing. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site.

(Amended by Ord. No. 277, § 1(Exh. A), 4-21-2010; Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 313, § 1.2, 2-5-2014; Ord. No. 324, § 1.1, 12-17-2014; Ord. No. 354, § 1(Exh. A), 12-20-2017; Ord. No. 361, § 1(Exh. A), 2-6-2019; Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-19.040 - C-V district regulations. (a)

Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in a C-V district:

(1)

Professional and administrative offices.

(2)

Section 15-19.030 C-V District (Commercial-Visitor)#C-V

(a) Permitted Uses#

In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following uses may also be allowed in a C-V district:

(1) Financial institutions.

(2) Personal service businesses.

(3) Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and (j) and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as they may be amended from time to time.

(4) Group homes, Class 1 and Class 2.

(b) Conditional Uses#

In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in a C-V district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(1) Religious and charitable institutions.

(2) Mixed-use development with a maximum residential density of twenty (20) units/acre that conforms to the standards found in Article 15-58.§ This density shall also apply to any project allowed in this district pursuant to State law.

(3) Medical offices and clinics.

(4) Mortuaries.

(5) Theaters.

(6) Automobile upholstering shops, provided all operations are conducted within an enclosed structure.

(7) Group homes, Class 3.

(c) Site Area#

The minimum net site area of any lot in a C-V district shall be ten thousand square feet.§

(d) Site Frontage, Width and Depth#

The minimum site frontage, width and depth of any lot in a C-V district shall be as follows:

Frontage	Width	Depth
60 feet	60 feet	100 feet

(e) Coverage#

The maximum net site area covered by structures on any lot in a C-V district shall be sixty percent.§

(f) Front, Side, and Rear Setback Areas#

For any nonconforming site in the C-V district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-V district, the minimum setback area requirements in the C-V district, are as follows:

(1) Front Setback Area#

The minimum front setback area of any lot in a C-V district shall be ten feet; except that on a site abutting and fronting on the same street as, or directly across the street from, an A, R-1, HR, R-M or P-A district, the minimum front setback area shall be fifteen feet.

(2) Side and Rear Setback Areas#

The minimum side setback area of any lot in a C-V district shall be ten feet and the minimum rear setback area of any lot in a C-V district shall be thirty feet, subject to the following exceptions:

(i) One foot shall be added to the minimum side setback area for each one foot of height or fraction thereof by which a portion of a structure within thirty feet of the side lot line for such setback area exceeds fourteen feet in height.

(ii) One foot shall be added to the minimum rear setback area for each one foot of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such setback area exceeds fourteen feet in height.

(iii) On a corner lot, the minimum exterior side setback area shall be twenty feet.

(g) Height of Structures#

The maximum height of any structure in a C-V district shall be twenty feet, unless the structure contains residential units, in which case it shall not exceed thirty-five feet and three stories.

(h) Screening, Landscaping and Fencing#

(1) An area not less than ten feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways as required by the Planning Commission. All planting materials shall permanently be maintained by the owner or occupant of the site.

(2) A use not conducted within a completely enclosed structure shall be screened by a

15-19.050 - C-H district regulations.#CH-1 CH-2

(a) Permitted uses.#

In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in the CH-1 and CH-2 districts:

Professional, administrative and medical offices and financial institutions, when located either above the street level or at the street level if separated from the street frontage by a retail establishment;§ and
Personal service businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line;§ and
Tasting rooms, not exceeding four thousand square feet in area, which provide direct customer service on site between the hours of 8:00 A.M. and 11:00 P.M.§
Transitional and supportive housing, as defined by Government Code Section 65582, subdivisions (g) and (j) and Low Barrier Navigation Centers, as defined by Government Code Section 65660 as they may be amended from time to time.
Group homes, Class 1 and Class 2:

(b) Conditional uses.#

In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in the CH-1 and CH-2 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage.
Theaters.
Religious and charitable institutions.
Mixed-use development with a maximum residential density of twenty (20) units/acre that conforms to the standards found in Article 15-58. This density shall also apply to any project allowed in this district pursuant to State law.
Personal service businesses at the street level that have primary access from Big Basin Way or across the front lot line.
Group homes, Class 3.

(c) Minimum net site area.#

District	Net Site Area
CH-1	5,000 sq. ft.
CH-2	7,500 sq. ft.

(d) Site frontage, width and depth.#

The minimum site frontage, width and depth in each C-H district shall be as follows:

District	Frontage	Width	Depth
CH-1	50 ft.	50 ft.	100 ft.
CH-2	50 ft.	50 ft.	100 ft.

(e) Coverage; pedestrian open space.#

In the CH-1 district, the maximum net site area covered by structures shall be eighty percent, except that up to one hundred percent of the site may be covered by structures if, for any structure coverage in excess of eighty percent, an equivalent area on the site is devoted to pedestrian open space.§
In the CH-2 district, the maximum net site area covered by structures shall be sixty percent. In addition, an area equivalent to not less than twenty percent of the net site area shall be devoted to pedestrian open space.§ All or any portion of the required front setback area may be used for pedestrian open space.
[Note: The preceding text regarding solid walls, fences, vine-covered fences, or compact evergreen hedges appears to be a continuation of a prior section and is included here for completeness.]

Note: The initial paragraph regarding "solid wall or fence, vine-covered fence or compact evergreen hedge..." appears to be the tail end of a previous section (likely Section 15-19.040 or similar) and has been preserved verbatim above for reference.

(Amended by Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2E, 2005; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 354, § 1(Exh. A), 12-20-2017; Ord. No. 399, § 1(Att. 1), 4-3-2024)

Section 15-19.060 - Continuation of Nonconforming Uses#

The term "pedestrian open space," as used in subsections (e)(1) and (2) of this Section, means common areas open to the public where pedestrians may walk or gather, such as plazas and arcades, which are designed to be visible and accessible to pedestrians on streets, sidewalks and parking facilities adjacent to the site.

(f) Front, Side, and Rear Setback Areas#

For any nonconforming site in the C-H district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the C-H district, the minimum setback area requirements in the C-H district, are as follows:

(1) Front Setback Area#

No front setback area shall be required in the CH-1 district. The minimum front setback area of any lot in the CH-2 district shall be fifteen feet.

(2) Side Setback Area#

No side setback area shall be required in either the CH-1 or CH-2 district.

(3) Rear Setback Area#

No rear setback area shall be required in the CH-1 district. No rear setback area shall be required for any lot in the CH-2 district having a rear lot line that abuts a public right-of-way, public parking district, Saratoga Creek, or the CH-1 district. Where the rear lot line of any lot in the CH-2 district abuts an A, R-1, HR, or R-M district, the minimum rear setback area shall be thirty feet, plus one foot for each two feet of height or fraction thereof by which a portion of a structure within sixty feet of the rear lot line for such setback area exceeds fourteen feet in height.

(g) Height of Structures#

The maximum height of any structure in each C-H district shall be thirty-five feet and three stories.

(h) Enclosure of Uses#

(i) Exceptions to Standards for Historic Structures#

The Planning Commission shall have authority to grant exceptions to any of the development standards contained in this Section, without the granting of a variance, if the subject of the application is a structure which has been designated as a historic landmark pursuant to Article 13-15 of this Code, and the Planning Commission finds and determines that:

The exception will facilitate preservation of the historic structure; and
The application and the proposed exception have been reviewed and approved by the City's Heritage Commission; and
The exception will not be detrimental to the use and enjoyment of other properties in the vicinity; and
The exception will not adversely affect the movement of vehicular and pedestrian traffic, or the availability of on-street parking, and will not create a hazard to the public safety.

(j) Live or Recorded Music#

A commercial establishment may have amplified or acoustic music outside a building upon issuance of an outdoor music permit pursuant to Section 7-30.090(b) or inside a building pursuant to Section 7-30.060(g) without such a permit.

Setback Requirements Summary#

District	Front Setback	Side Setback	Rear Setback
CH-1	None required	None required	None required
CH-2	15 feet minimum	None required	None required, unless rear lot line abuts A, R-1, HR, or R-M district, then 30 feet minimum, plus 1 foot for each 2 feet of height (or fraction thereof) by which a portion of a structure within 60 feet of the rear lot line exceeds 14 feet in height

(Amended by Ord. 71-108 § 1, 1992; Ord. 71.113 (part), 1992; Ord. 230 § 2 (part), 2004; Ord. 236 § 2F, 2005; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 277, § 1(Exh. A), 4-21-2010; Ord. No. 292, § 1(Exh. A), 7-18-2012; Ord. No. 298, § 1.A.4., 9-5-2012; Ord. No. 354, § 1(Exh. A), 12-20-2017; Ord. No. 399, § 1(Att. 1), 4-3-2024)

Notwithstanding the provisions of Section 15-65.020(e)(1) of this Chapter, any clinic operating no earlier than 7:00 A.M. and no later than 9:00 P.M., any establishment engaged in the sale of alcoholic beverages and any restaurant, market or delicatessen which, as of September 6, 1989, was lawfully established.

Article 15-20. Residential Open Space (R-OS) District#

15-20.010 - Purposes of Article.#

In addition to the objectives set forth in Section 15-05.020, the residential open space district is included in the Zoning Ordinance to achieve the following purposes:

(a) To preserve hillside and mountainous land in its natural condition through the establishment of dedicated open space areas, and through environmentally sensitive low density residential use.

(b) To promote those uses which support and enhance a rural character and preserve important resources such as forests, natural vegetation, watersheds, animal habitat, scenic beauty, recreational areas, open space and public access thereto.

(c) To ensure public safety, health and welfare by avoiding development on or near areas of natural hazards, topographic constraint and environmentally sensitive areas such as those with unstable geological conditions, watersheds, riparian corridors, wildlife habitats, and community view sheds.

(Ord. 71.98 § 2 (part), 1991)

15-20.020 - Permitted uses.#

The following permitted uses shall be allowed in the R-OS district:

(a) Single-family dwellings including employee housing for six (6) or fewer employees.

(c) Accessory structures located on the same lot as a permitted use and not exceeding a total floor area of two hundred fifty square feet, including detached garages and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas, structures for housing swimming pool equipment, accessory dwelling units and junior accessory dwelling units as permitted pursuant to Articles 15-56 and 15-57 of this Chapter, and one guest house. Accessory structures for agricultural uses such as stables, barns, hay covers and storage sheds shall not exceed a total of one thousand six hundred square feet. Accessory dwelling units and junior accessory dwelling units are permitted uses in accordance with Article 15-56 of this Chapter and are not subject to the two hundred fifty square foot limitation.

(d) Agricultural uses such as raising of vegetables, field crops, vines, fruits, and nut trees, and horticultural specialties, and the processing of such products.

(e) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter.

(f) Stables, corrals, and pastures for the keeping of horses for private use. The minimum net site area shall be one acre for each two horses kept on the site. All horses shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this Code. Notwithstanding the provisions of Section 16-80.030(a) of this Chapter, no stable or corral shall be located closer than thirty feet from any interior property line of the site or any structure for human habitation. Setbacks from perennial or intermittent streams shall be sufficient to avoid any discharge or mud slide into the stream. Any stable, corral or pasture which is fifty feet or less from any perennial or intermittent stream bank shall require the approval of the City Engineer and/or

15-20.020 - Permitted uses (continued)#

(g) Swimming Pools#

Swimming pools used solely by persons resident on the site and their guests. Pools shall be constructed subject to the standards provided in Section 15-20.050(g)(5) and Section 15-80.030.

(h) Keeping of Animals#

The keeping for private use of a reasonable number of domestic dogs, cats, sheep, goats, and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this Chapter.

(i) Public Parks, Trails, and Open Spaces#

Public parks, trails and other publicly owned open spaces.

(j) Manufactured Homes#

Manufactured homes.

(k) Group Homes#

Group homes, Class 1 and Class 2.

(Ord. 71.98 § 2 (part), 1991; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 324, § 1.4, 12-17-2014)

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-20.030 - Conditional Uses#

The following conditional uses may be allowed in the R-OS district, upon the granting of a use permit pursuant to Article 15-55 or Article 15-56 of this Chapter:

(a) Accessory Structures#

Accessory structures exceeding a floor area of two hundred fifty square feet. The height standards for such structures may be modified by the Planning Commission through use permit approval.

(b) Agricultural Accessory Structures#

Accessory structures for agricultural use exceeding one thousand six hundred square feet in total floor area.

(c) Amphitheaters and Entertainment Facilities#

Amphitheaters and other facilities for outdoor presentation of drama, music or other forms of entertainment available to the general public.

(d) Public Buildings#

Police and fire stations and other public buildings, structures and facilities.

(e) Public Utility Facilities#

Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks and transmission lines.

(f) Recreational Courts#

One recreational court on a single site, to be used solely by persons resident on the site and their guests, subject to the regulations prescribed in Section 15-80.030(c) of this Chapter.

(g) Commercial Stables#

Commercial stables, boarding stables and community stables, subject to the regulations prescribed in Section 7-20.220 of this Code.

(h) Agricultural Product Sales#

Facilities for sale of agricultural products produced on the site, including on site retail sales of Christmas trees.

(i) Wineries#

Wineries which may include conference facilities designed to accommodate no more than fifty guests with no overnight accommodation.

(j) Picnic and Camp Sites#

Picnic and camp sites.

(k) Botanical Gardens#

Botanical gardens.

(l) Clustered Housing#

Clustered housing per Section 15-20.060(d).

(m) Veterinarian Clinics#

Veterinarian clinics.

(n) Group Homes, Class 3#

Group homes, Class 3.

(Ord. 71.98 § 2 (part), 1991; Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-20.035 - One Dwelling Unit Per Site#

Not more than one dwelling unit shall be located on each site, except for accessory dwelling units and junior accessory dwelling units permitted pursuant to Article 15-56 of this Chapter, and additional dwelling unit(s) permitted pursuant to Article 15-57 of this Chapter.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-20.040 - Nonconforming Uses#

Existing uses which were lawfully established prior to November 1, 1991 and meet the health regulations set forth in Section 7-20.220 of the City Code may be continued in conformity with the provisions stated in Article 15-65 of the City Code.

(Ord. 71.98 § 2 (part), 1991)

15-20.050 - Development Criteria#

No principal use shall be established, no main structure shall be erected or constructed

R-OS District Development Standards#

No subdivision shall be approved in the R-OS district, nor shall any building or other permit be issued therefor, unless and until the applicant has complied with the following development standards, which standards shall be in addition to, and not in lieu of, any and all other development criteria and requirements set forth in Chapters 14 and 16 of this Code:

(a) Site Development Plan#

A site development plan has been prepared and approved by the advisory agency in accord with Section 14-25.100 of the Subdivision Ordinance, and the physical location of each use and structure is as set forth on such approved plan. In addition to the regulations set forth in Section 14-25.100, the site development plan shall incorporate the following design objectives:

(1)#

All roads, buildings and other structural improvements or land coverage shall be located, sited and designed to fit the natural topography and shall minimize grading and modification of existing land forms and natural characteristics.

(2)#

The planting and landscaping portion of said plan shall, insofar as is reasonably practical, provide for the retention of existing vegetation and shall include an erosion and sediment control element setting forth reasonable mitigation measures in accord with the excavating and grading and subdivision regulations of the City.

(3)#

Grading shall be representative of adjacent topography and be an extension of natural contours insofar as reasonably practical, and shall be designed to avoid or fully mitigate potential erosion, flooding, geotechnical and other hazards.

(4)#

Water, sewer and other utility services, streets and other access routes shall be designed to avoid any geologic or soils hazard and shall be specifically engineered to prevent the risk of failure or collapse. Setbacks from hazard areas shall be in accord with the engineering geologic and geotechnical engineering investigation report and recommendations.

(b) Engineering Geologic and Geotechnical Engineering Reports#

A preliminary engineering geologic and geotechnical engineering investigation(s) and report(s) prepared by a certified engineering geologist licensed by the State and by a registered geotechnical engineer or civil engineer qualified in soils mechanics licensed by the State, shall be filed in conjunction with the site development plan unless the City Engineer and Geotechnical Consultant determine that existing information pertinent to the subdivision or site approval makes preliminary analysis or any part thereof unnecessary. The geologic and geotechnical reports shall fully and clearly include:

(1)#

A description and discussion of engineering geologic conditions at the site, including natural and artificial earth materials, structural lineations or discontinuities, surface and ground water conditions, and all other pertinent conditions or characteristics of the site, with reference to surface conditions and exposures, geomorphology, and graphical logs of subsurface excavations.

(2)#

An engineering geologic map of the site on a suitable topographic base, showing, as a minimum: the distributions of geologic materials on the site based upon mapping of geomorphic conditions and geologic exposures on and around the site; geologic features and potential hazards; and the locations of all existing and intended improvements on the site.

(3)#

An evaluation of all geologic hazards and geotechnical constraints that affect, or potentially could affect, the site relative to the existing or intended land use. This should include a clear statement as to whether a hazard exists at the site which may lead to structural damage if not corrected, an evaluation of the risk(s) each hazard poses, and the basis or reasoning for assigning specific risks.

(4)#

[Continued in subsequent text — no further content provided in source]

Section [Number] – Geotechnical and Engineering Geologic Investigations#

(a) [Reserved]#

(b) Geotechnical Investigation Requirements#

A geotechnical (soil and foundation) engineering investigation addressing properties of earth materials, site preparation (clearing and stripping), grading requirements (cut and fill design and construction), pavement design, drainage (surface and subsurface), utility trench backfilling, design parameters for foundations, retaining walls and swimming pools, slope stability, technical plan review, and field inspection procedures.

(1) [Reserved]#

(2) [Reserved]#

(3) [Reserved]#

(4) [Reserved]#

(5) Recommendations for appropriate grading procedures, geotechnical design criteria and any corrective measures deemed necessary to prevent or significantly mitigate potential damage to the proposed project and to eliminate potential damage to adjacent properties and to otherwise insure safe development of the property.#

(6) Recommendations for additional investigations that should be made to insure safe development of the property.#

(c) Application Acceptance#

An application shall not be deemed complete until the City Engineer grants geotechnical clearance.

(d) Additional Studies Required#

The City shall also require the following additional studies prior to approval of a site development plan or as deemed necessary by the City Engineer, unless the City Engineer and the City Geotechnical Consultant determines that existing information pertinent to the subdivision or the site approval provides the same data as would have been obtained from any or all of such additional studies:

(1) Slope Stability Investigations#

With respect to any terrain that may be susceptible to impacts from existing or potential instability, an investigation by a certified engineering geologist shall be required for all slopes affecting future or existing development. This investigation shall include a detailed evaluation of the natural slope conditions and recommendations for the treatment or correction of any potentially unstable slopes. Slope stability studies may require extensive subsurface exploration and analysis.

(2) Seismic Slope Stability Analysis#

A slope stability analysis showing the proposed building footprint(s) and immediately surrounding areas having an adequate factor of safety of at least 1.5 under static conditions against failure in the event of the maximum expected earthquake on recognized faults, including but not necessarily limited to the San Andreas, the Berrocal, the Monta Vista/Shannon or the Sargent faults.

(3) Fault Rupture and Seismic Hazard Investigation#

With respect to any area in the State's Special Studies zones or within two hundred feet of a mapped or otherwise recognized trace of a potentially active earthquake fault, an investigation by a certified engineering geologist addressing the seismic hazards related to the nearby trace, with particular emphasis on evaluation of possible surface faulting and characterization of seismic ground motion. Investigative techniques may require geologic and geomorphic mapping and analysis, subsurface exploration, and possibly geophysical traverses to demonstrate that no fault exists within fifty feet of a structure for human habitation.§ If deemed necessary by the City Geotechnical Consultant, an area greater than two hundred feet from a possible fault trace may be subject to the same investigative requirements and an increased setback of structures for human habitation from faults, may be required.

(e) Inspection Reports#

The results and recommendations of the engineering geologic and geotechnical engineering investigations referred to in subsections (b) and (d) of this Section shall be reviewed and approved by the City Engineer and the City Geotechnical consultant and shall become conditions of approval of a development proposal. The Geotechnical Engineer and the Engineering Geologist may be required to submit reports during grading, during construction, and following completion of the project. The final report(s) shall affirm that the

Section 15-20.060 (continued)#R-OS

(f) Financial assurances#

The applicant shall post security deposit or a bond of an amount determined by the City Engineer as one measure to ensure the completion of all geological and geotechnical reports and corrective work required as part of conditions of the project approval.

(g) Location of building sites#

(1)#

In locating building sites, preference shall be given to areas classified in the City's Ground Movement Potential Maps as Sbr, Sls, and Sun. Sites on potentially moving slopes (Pmw, Ps, Pd, Paf and Pdf), sites within the areas with fault rupture potential (Pf) and sites on moving slopes (Ms) shall not be approved unless geologic and soil engineering analysis provided by the applicant demonstrate long-term stability to the satisfaction of the City Engineer and the City Geotechnical Consultant. No tentative or final map, building site approval or building or grading permit shall be granted for a property which includes land within an Md area unless it complies with all the requirements described in Section 16-65.030. No building or grading permit shall be issued for construction of any new building or structure, or addition to any existing building in any (Pf) area unless it complies with all requirements described in Section 16-65.050.

(2)#

Corrective measures which are deemed necessary by the City Engineer and Geotechnical Consultant shall be reviewed and approved by the Planning Commission subject to the following findings: That the measures necessary to permit such development are (i) consistent with the objectives of this zone district as set forth in Section 15-20.010; (ii) necessary to minimize risks from geologic hazards; (iii) will not result in the removal of any protected tree, as described in Section 15-50.050; (iv) will not result in irrevocable damage to the City's scenic resources; and (v) will produce a benefit to the general public greater than the environmental impact of the corrective measures.

(3)#

The City may require an additional fee from the applicant to cover the expense of producing ground movement potential maps of the geological study area in which the property is located, including areas that may suffer potential ground movement as a result of the proposed development.

(4)#

The average natural grade of the footprint underneath any dwelling unit or other structure shall not exceed thirty percent slope, except that a variance pursuant to Article 15-70 of this Chapter may be granted.

(5)#

The average natural grade of the footprint underneath swimming pools shall not exceed fifteen percent slope.§ No variances shall be granted for any swimming pool to be constructed.

(6)#

Location of building sites in relation to major and minor ridgelines shall comply with the requirements set forth in Section 15-20.100 of this Article.

(7)#

Building sites including driveways and private and public streets, shall not be located within one hundred fifty feet of the top of perennial or intermittent watercourse banks unless approved by the City Engineer and Santa Clara Water District. Private sanitary sewer, leach fields or drainage fields shall comply with the setback and other requirements of Santa Clara Health Department.

(h) Grading#

(1)#

Grading shall be limited to the minimum necessary for use of a site. Portions of a site exceeding thirty percent slope shall not be graded without prior specific approval by the Planning Commission. Grading shall be minimized in areas classified in the

Section 15-20.xxx — Grading and Site Development Standards (Continued)#

City's Ground Movement Potential Maps as Ps or Pd. Any grading which would unreasonably affect the natural topography of the area shall not be permitted.

(2) Combined Cut and Fill Limitations#

The combined cut and fill of any grading on a hillside lot shall not exceed 1,000 cubic yards, including any excavation for a swimming pool, unless a larger quantity is approved by the Planning Commission based on the finding that:

(a)#

The additional grading is necessary in order to allow reasonable development of the property or to achieve a reasonable vehicular access to the proposed development.

(b)#

The natural land forms and vegetation are being protected.

(c)#

The increased grading is necessary to promote the compatibility of the construction with the natural terrain.

(d)#

The increased grading is necessary to facilitate an architectural design which is integrated into the natural topography.

(e)#

The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding views or from distant community views.

(3) Corrective Grading#

Corrective grading for existing or proposed developments may be permitted with prior specific approval by the Planning Commission based upon findings that the corrective grading:

(i) is consistent with the objectives of this zone district as set forth in Section 15-20.010;

(ii) is necessary to minimize risks from geologic hazards;

(iii) will not result in irrevocable damage to the City's scenic resources;

(iv) will produce a benefit to the general public greater than the environmental impact of the corrective grading; and

(v) will not result in the removal of any protected tree, as described in Section 15-50.050.

(4) Visual Impact Mitigation#

Grading and other site improvements under and around structures shall be designed to minimize visual impact as viewed from other properties.

(5) Cut or Fill Slopes#

Cut or fill slopes shall not exceed three horizontal to one vertical.§

(i) Grade of Private Streets and Driveways#

The design of all private streets and driveways shall be subject to the approval of the Fire Marshall and the City Engineer. Any private street or driveway which exceeds a grade of eighteen percent for a distance in excess of fifty feet, shall also require approval by the Planning Commission upon all of the following findings that the:

(i) construction of the driveway will prevent damage from geologic hazard;

(ii) will minimize grading and visual impact; and

(iii) will result in preservation of natural vegetation and prevent destruction of wildlife habitat.

(j) Landscaping#

In the selection of new landscaping, preference shall be given to natural, indigenous and drought resistant plants and materials in accordance with City Xeriscape Standards. Nonindigenous landscaping shall be limited to the immediate area around the house. The total of non-native landscaped area including the allowable impervious coverage shall not exceed twelve thousand square feet.§ The impervious coverage shall be determined subject to limitations set forth in Section 15-20.080 of this Article. The remaining portion of the site shall be preserved in a natural and undisturbed state except for necessary clearing for the purpose of prevention of fire hazard as required by the City Code Article 7-15. Removal of existing native trees shall be subject to the regulations provided in Section 15-50.050.

Article 15-50 of the City Code and shall be replaced by same or similar species as required by the City Arborist.

(k) **Open space dedications.** At least thirty percent of the gross site area of a subdivision, of a new home or of an addition, or combination of successive additions over the life of the structure, resulting in an increase of 50% or greater to the floor area of an existing home, shall be dedicated in fee to the City of Saratoga at the time of recordation of the final map or building permit whichever comes first. The location of said open space shall be subject to the review and the approval of the Planning Commission. A written agreement describing the open space area shall be executed between the property owner and the City and recorded in the office of the County Recorder. Such agreement shall set forth the restrictions and allowable uses for the open space area, as determined by the Planning Commission. The allowable uses shall be consistent with and promote the purposes of Section 15-20.010 of the City Code.

(Ord. 71.98 § 2 (part), 1991)

(Ord. No. 307, § 1.C.11, 10-16-2013)

## 15-20.060 - Subdivision of sites.

(a) **Determination of lot size.** Except as otherwise provided in subsection (c) of this Section, each lot created upon the subdivision of any property within the R-OS district shall contain a minimum number of acres based upon the average slope of such lot, determined in accordance with the following formula:

**Minimum lot size = 20 + 4 (S − 10)**

Where: S = average slope in percent, as calculated in accordance with Section 15-06.630 of this Chapter.

(b) **Table of lot sizes.** The following table represents the minimum lot size required for each lot created by the subdivision of property, as derived from the formula set forth in subsection (a) of this Section.

| Average Slope | Minimum Acres |
|---------------|---------------|
| 10 or less    | 20            |
| 11            | 24            |
| 12            | 28            |
| 13            | 32            |
| 14            | 36            |
| 15            | 40            |
| 16            | 44            |
| 17            | 48            |
| 18            | 52            |
| 19            | 56            |
| 20            | 60            |
| 21            | 64            |
| 22            | 68            |
| 23            | 72            |
| 24            | 76            |
| 25            | 80            |
| 26            | 84            |
| 27            | 88            |
| 28            | 92            |
| 29            | 96            |
| 30            | 100           |
| 31            | 104           |
| 32            | 108           |
| 33            | 112           |
| 34            | 116           |
| 35            | 120           |
| 36            | 124           |
| 37            | 128           |
| 38            | 132           |
| 39            | 136           |
| 40            | 140           |
| 41            | 144           |
| 42            | 148           |
| 43            | 152           |
| 44            | 156           |
| 45            | 160           |
| 46            | 164           |
| 47            | 168           |
| 48            | 172           |
| 49            | 176           |
| 50 or more    | 180           |

(c) **Increases in lot size.** The City may require any or all of the lots within a subdivision to have a larger size than required under subsection (a) of this Section if the City determines that such increase is necessary or appropriate by reason of site restrictions or geologic hazards.

(d) **Clustering of lots.** The Planning Commission may approve a use permit for a subdivision having lots smaller than the size required under subsection (a) of this Section, if all of the following are satisfied:

(1) The reduction in the lot size is for the purpose of clustering building sites in order to create dedicated publicly owned open space which may contain recreation facilities, including but not limited to, equestrian and hiking trails, as permitted in Section 15-20.020(h).

(2) The reduction in lot size is offset by an equal or greater area of land which is dedicated

(4) No single lot has a net site area of less than twenty thousand square feet.

(5) The total number of lots into which the property is being subdivided shall be determined in accordance with the following formula:

a = 1 / 0.0609375 - 0.00109375 S

Where: a is the average land area per dwelling unit
S is the average slope of the lot in percent.

The average slope of a lot or parcel shall be determined according to the following formula:

S = 0.00229 x IL / A

Where: S is the average slope of the lot in percentage
I is the contour interval in feet
L is the combined length of contour lines in feet
A is the gross area of the parcel in acres.

(6) The size of each unit shall be determined in relation to the size of the lot on which it is located and the average slope of the site, in accordance with the formula set forth in the Design Review Ordinance Section 15-45.030. In no case shall a single unit exceed six thousand square feet in area.

(7) The clustering of building sites will result in greater preservation of the natural terrain and vegetation.

(8) The use permit approved by the Planning Commission includes specified standards which may deviate from those contained in this Article as follows: (i) length of driveway, (ii) reduction in building height, (iii) reduction in allowable floor area, (iv) reduction in site coverage, (v) increase in site dimensions, and (vi) increase in setbacks.

(9) The clustered development shall be connected to a sanitary sewer system.

(e) Further subdivision prohibited. Upon recordation of a final subdivision or parcel map covering any site within the

15-20.070 - Site frontage, width and depth.#

(a) The site frontage and average width and depth of any lot in the R-OS district shall be not less than the following:

Frontage	Width	Depth
100 ft.	500 ft.	700 ft.

(b) The Planning Commission shall have authority to grant exceptions to the standards provided in subsection (a) of this Section upon the findings that the changes in the dimensions of the lot: (1) will contribute to preservation of open space; (2) will conform with the topography of the area and will minimize environmental impacts; and (3) will not result in perception of higher density than a lot of standard dimensions.

(1) The minimum site frontage on a cul-de-sac turnaround shall be sixty feet where seventy-five percent or more of the frontage abuts the turnaround.

(2) The frontage and width of an access corridor to a flag lot shall be not less than thirty feet.

(Ord. 71.98 § 2 (part), 1991; Ord. 245 § 2 (Att. A) (part), 2006)

15-20.080 - Site coverage.#

The maximum site impervious coverage on any lot in the R-OS district shall not exceed either twenty-five percent or twelve thousand square feet, whichever is less. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only fifty percent of the total area of such surfaces.

15-20.085 - Allowable floor area#

Where a single-family dwelling is the principal use on the site, the maximum allowable floor area, determined in accordance with City Code Section 15-12.085, shall not be more than six thousand square feet, excluding any detached garage or accessory structure for which a use permit is granted.

(Ord. No. 314, § 1, 3-5-2014)

15-20.090 - Front, side, and rear setback areas.#

(a) For any nonconforming site in the R-OS district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the R-OS district, the minimum setback area requirements in the R-OS district, are as follows:

(1) Except as otherwise provided in subsection (b) of this Section, the minimum front, side, and rear setback areas of any lot in the R-OS district shall be as follows:

	Front Setback Area	Interior Side Setback Area	Exterior Side Setback Area	Rear Setback Area
Single Story	50 ft.	40 ft.	50 ft.	100 ft.
Two Story	70 ft.	60 ft.	70 ft.	120 ft.

(b) The determination of setback area for flag lots is as provided in Section 15-06.430(a).

(c) The Planning Commission may grant exceptions to the minimum setback standards upon the findings that the variation from the standards will result in a significantly reduced environmental and visual impact, minimize the grading and preserve the natural vegetation and wildlife habitat.

(Ord. 71.98 § 2 (part), 1991; Ord. 245 § 2 (Att. A) (part), 2006; Ord. No. 354, § 1(Exh. A), 12-20-2017)

15-20.100 - Height of structures#

No structure shall exceed two stories nor shall any structure exceed the following heights:

(a) No structure shall extend to an elevation within eight feet from the top of the nearest adjacent major ridgeline that does not have dense tree cover.§

(b) No structure shall extend to an elevation more than twelve feet above the nearest adjacent minor ridge that does not have dense tree cover.

(c) A structure not limited by subsections (a) and (b) of this Section shall not exceed twenty-two feet in height; provided, however, that the Planning Commission may approve up to four feet of additional height if the design review findings in Section 15-45.080 can be made.

(d) Accessory structures shall not exceed twelve feet in height; provided, however, that the Planning Commission may approve up to three feet of additional height if the Commission finds and determines that:

(1) The additional height is necessary in order to establish architectural compatibility with the main structure on the site;

(2) [Continued in next section as per original text]

15-20.100 - Height limitations and exceptions.#

The following height limitations and exceptions shall apply in the R-OS district:

(a) No structure shall exceed thirty-five (35) feet in height, except as provided in subsection (b) below.

(b) The height limitation in subsection (a) may be exceeded, provided that:

(1) The additional height is limited to the minimum necessary to accommodate the proposed use; and

(2) The accessory structure will be compatible with the surrounding neighborhood; and

(3) The additional height is necessary for a structure for agricultural use.

(Ord. 71.98 § 2 (part), 1991; Ord. 245 § 2 (Att. A) (part), 2006)

15-20.110 - Accessory uses and structures.#

Accessory uses and structures shall comply with the special rules as set forth in Section 15-80.030 of this Chapter.

(Ord. 71.98 § 2 (part), 1991)

15-20.120 - Fences, walls and hedges.#

Fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter except for Section 15-29.020(c)(3) which shall not apply to the R-OS district.

(Ord. 71.98 § 2 (part), 1991)

15-20.130 - Signs.#

No sign of any character shall be erected or displayed in the R-OS district, except as permitted under the regulations set forth in Article 15-30 of this Chapter. Signs which do not exceed twenty square feet area, and five feet in height shall be permitted for stables and other conditional uses as part of the conditional use permit.

(Ord. 71.98 § 2 (part), 1991)

15-20.140 - Off-street parking and loading facilities.#

Off-street parking and loading facilities shall be provided for each use for which parking is required on the site, in accordance with the regulations set forth in Article 15-35 of this Chapter. In addition to the regulations in Article 15-35, parking lots should be designed to minimize environmental and visual impacts by avoiding large continuous lots and by the use of gravel and turf stones and landscaping for screening.

(Ord. 71.98 § 2 (part), 1991)

15-20.150 - Design review.#

The construction or expansion of any main or accessory structure in the R-OS district shall comply with the applicable design review regulations set forth in Article 15-45 or Article 15-46 of this Chapter.

(Ord. 71.98 § 2 (part), 1991; Amended by Ord. No. 314, § 1, 3-5-2014)

15-20.160 - Storage of personal property and materials.#

The regulations and restrictions set forth in Section 15-12.160 of this Chapter, pertaining to the storage of certain items of personal property, shall apply to the R-OS district and the same are incorporated herein by reference.

(Ord. 71.98 § 2 (part), 1991)

15-21.010 - Purposes of Article.#

In addition to the objectives set forth in Section 15-05.020, the mixed-use districts are included in the Zoning Ordinance to achieve the following purposes:

(a) To provide appropriately located areas for residential and residential mixed-use development to serve the community's housing needs.

(b) To allow for a mix of uses that promotes convenience, economic vitality, and quality of life.

(c) To ensure that the scale of development is appropriate to the physical and aesthetic characteristics of proposed locations.

(d) To protect mixed use properties from fire, explosion, noxious fumes, and other hazards.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-21.020 - Permitted uses.#M-U

The following permitted uses shall be allowed in any mixed-use district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 11:00 P.M. and 6:00 A.M. in which event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter:

(a) Multi-family dwellings conforming to the standards found in Article 15-58.

(c) Mixed use development conforming to the standards found in Article 15-58 and with a minimum of fifty percent of building square footage, exclusive of parking,

Article 15-21 - Mixed-Use (M-U) Districts#

15-21.010 - Purpose and intent.#

(Note: Section text not provided in source material.)

15-21.020 - Permitted uses.#

The following uses are permitted in all mixed-use districts:

(a) Multi-family residential dwellings, developed with residential uses (which uses shall not include garages or shared utility, storage and laundry rooms), and a maximum of fifty percent of the building square footage dedicated to any of the following commercial uses:

Use Category	Description
(1)	Retail establishments, restaurants, and markets, including those engaged in the sale of alcoholic beverages.
(2)	Professional, administrative, and medical offices.
(3)	Institutional facilities.
(4)	Financial institutions.
(5)	Day care facilities.
(6)	Personal service businesses.

(b) (Section text not provided in source material.)

(d) Accessory structures and uses located on the same site as a permitted use.

(e) Group homes, Class 1 and Class 2.

(f) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter.

(g) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter.

(h) Swimming pools used solely by persons residing on the site and their guests.

(i) The keeping for private use of a reasonable number of dogs, cats and other small mammals, birds, fish, and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this Chapter.

(j) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications, subject to design review under Article 15-44.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-21.030 - Conditionally permitted uses.#

(a) Group homes, Class 3.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-21.040 - Expressly prohibited uses.#

Without limiting the application of Section 15-05.055(a) of this Chapter, the following uses are expressly declared to be prohibited in all mixed-use districts:

(a) Any use involving a new drive-through service, such as restaurants and financial institutions with drive-through windows in all mixed-use districts. Existing drive-through services are allowed.

(b) Any use involving automotive body work, such as collision repair, painting, dismantling, or customizing.

(d) Outdoor sales or storage of motor vehicles.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-21.050 - Setback area.#

No use shall occupy any required setback area, except fences, walls, hedges, landscaped areas, walks, driveways, and parking areas. No required setback area shall be used for a loading area or for storage.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-21.060 - Screening, landscaping, and fencing.#

(a) All outdoor trash containers and garbage areas shall be fully enclosed by a solid wall or fence and solid gates of sufficient height to screen the same from public view.

(b) Front setback areas, side setback areas, and not less than fifteen percent of any parking lot area, shall be completely landscaped and permanently maintained.

(c) Whenever screening or landscaping is required, the owner or occupant of the property shall keep and maintain such screening and landscaping in good condition and repair.

(d) Except as otherwise provided in this subsection (f), fences, walls and hedges shall comply with the regulations set forth in Article 15-29 of this Chapter.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-21.070 - Signs.#

No signs shall be erected or displayed in any M-U district, except as permitted under the regulations set forth in Article 15-30 of this Chapter.

15-21.080 - Off-street parking and loading facilities.#

Off-street parking and loading facilities shall be in accordance with the regulations set forth in Article 15-35 of this Chapter.

Article 15-21#

15-21.090 - Set-up and cleaning of commercial establishments.#

Set-up and cleaning activities conducted at restaurants and other commercial establishments located immediately adjacent to a residential area, which generate any noise audible to the occupants of the adjacent residences, including noise generated by the operation of delivery or service vehicles, shall not begin prior to 7:00 A.M. or extend later than 11:00 P.M., or such other times as may be specified in a use permit, license, or other entitlement granted by the City for such establishment.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-21.100 - MU-MD district regulations.#MU-MD

(a) Site area.#

The minimum site area of any lot in a MU-MD district shall be ten thousand square feet of gross site area.

(b) Site frontage, width, and depth.#

The minimum site frontage, width, and depth of any lot in a MU-MD district shall be as follows:

Site Frontage	Sixty feet
Lot Width	Sixty feet
Lot Depth	One hundred feet

(c) Residential floor area.#

A minimum of fifty percent of building square footage, exclusive of parking, shall be developed with residential uses (which uses shall not include garages or shared utility, storage and laundry rooms).§

(d) Density.#

(1) Minimum density.#

The minimum residential density on any site in the MU-MD district shall be fifteen dwelling units per acre of gross site area.§

(2) Maximum density.#

The maximum residential density on any site in the MU-MD district shall be determined by parcel size, as follows:

Parcel size (acres)	Maximum density (dwelling units per acre of gross site area)
0—0.499	15
0.5—0.749	20
0.75 and greater	25

(e) Coverage.#

The maximum net site area covered by structures on any lot in a MU-HD district shall be seventy percent.

(f) Front, side, and rear setback areas.#

All required setbacks are applicable to a site prior to development and only apply to the exterior property lines. For any nonconforming site in the MU-HD district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the MU-HD district, the minimum setback area requirements in the MU-HD district, are as follows:

(1) Front setback area.#

The minimum front setback area of any lot in a MU-HD district shall be five feet.

(2) Side and rear setback areas.#

The minimum side and rear setback areas of any lot in a MU-HD district shall be five feet, subject to the following exceptions:

(a) On a lot abutting any R-1 district, the minimum side setback area and rear setback area abutting such district shall be fifteen feet.§

(b) No side setback is required for any lot that abuts a railroad right-of-way.§

(3) Corner side setback area.#

The minimum corner side setback area of any lot in a MU-HD district shall be five feet.

(g) Height of structures.#

No structure shall exceed thirty-five feet in height or three stories.

(h) Enclosure of uses.#

All uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, outdoor dining associated with a restaurant or market, nurseries when associated with a retail garden shop, private and common open space areas associated with residential uses, outdoor play areas associated with daycare facilities, and other uses of a similar nature.§

(i) Screening and landscaping.#

An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways.§

15-21.110 - MU-HD district regulations.#MU-HD

(a) Permitted use. In addition to the permanent uses listed in Section 15-21.020(a) of this article, the following permitted use shall also be allowed in a MU-HD district.

(1) Temporary seasonal Christmas tree and pumpkin sales on a site not less than nine and one-half acres in size.

(b) Site area. The minimum site area of any lot in a MU-HD district shall be ten thousand square feet of gross site area.

(c) Site frontage, width, and depth. The minimum site frontage, width, and depth of any lot in a MU-HD district shall be as follows:

Site Frontage	Sixty feet
Lot Width	Sixty feet
Lot Depth	One hundred feet

(d) Residential floor area. A minimum of fifty percent of the total building floor area on a site shall be residential uses.§

(e) Density.

(1) Minimum density. The minimum residential density on any site in the MU-HD district shall be thirty dwelling units per acre of gross site area.

(2) Maximum density. The maximum residential density on any site in the MU-HD district shall be determined by parcel size, as follows:

Parcel size (acres)	Maximum density (dwelling units per acre of gross site area)
0—0.499	30
0.5—0.749	35
0.75 and greater	40

(f) Coverage. The maximum net site area covered by structures on any lot in a MU-HD district shall be seventy percent.

(g) Front, side, and rear setback areas. All required setbacks are applicable to a site prior to development and only apply to the exterior property lines. For any nonconforming site in the MU-HD district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the MU-HD district, the minimum setback area requirements in the MU-HD district, are as follows:

(1) Front setback area. The minimum front setback area of any lot in a MU-HD district shall be five feet.

(2) Side and rear setback areas. The minimum side and rear setback areas of any lot in a MU-HD district shall be five feet, subject to the following exceptions:

(a) On a lot abutting any R-1 district, the minimum side setback area and rear setback area abutting such district shall be fifteen feet.

(b) No side setback is required for any lot that abuts a railroad right-of-way.

(3) Corner side setback area. The minimum corner side setback area of any lot in a MU-HD district shall be five feet.

(h) Height of structures. No structure shall exceed thirty-five feet in height or three stories.

(i) Enclosure of uses. All uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, outdoor dining associated with a restaurant or market, nurseries when associated with a retail garden shop, private and common open space areas associated with residential uses, outdoor play areas associated with daycare facilities, and other uses of a similar nature.

(j) Screening and landscaping. An area not less than five feet in depth along all property lines that abut a street shall be landscaped with plant materials and/or improved with sidewalks or pathways. All planting materials shall permanently be maintained by the owner or occupant of the site.

(Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 406, § 1(Att. 1, § 5), 3-5-2025)

15-21.120 - MU-VHD district regulations.#MU-VHD

(a)

Section 15-21.020(b) — Permitted Uses in MU-VHD District#

In addition to the permitted uses listed in Section 15-21.020(a) of this Article, the following permitted uses shall also be allowed in a MU-VHD district:

(1) Permanent emergency shelters.

(2) Single-room occupancy buildings.

(3) Rotating emergency shelters meeting the requirements of Section 15-12.020(k).

(b) Site area. The minimum site area of any lot in a MU-VHD district shall be ten thousand square feet of gross floor area.

(c) Site frontage, width, and depth. The minimum site frontage, width, and depth of any lot in a MU-HD district shall be as follows:

Standard	Requirement
Site Frontage	Sixty feet
Lot Width	Sixty feet
Lot Depth	One hundred feet

(d) Residential floor area. A minimum of fifty percent of the total building floor area on a site shall be residential uses.

(e) Density.

(1) Minimum density. The minimum residential density on any site in the MU-VHD district shall be eighty dwelling units per acre of gross site area.

(2) Maximum density. The maximum residential density on any site in the MU-VHD district shall be determined by parcel size, as follows:

Parcel size (acres)	Maximum density (dwelling units per acre of gross site area)
0–0.499	80
0.5–0.749	115
0.75 and greater	150

(f) Coverage. The maximum net site area covered by structures on any lot in a MU-VHD district shall be ninety percent.

(g) Front, side, and rear setback areas. All required setbacks are applicable to a site prior to development and only apply to the exterior property lines. For any nonconforming site in the MU-VHD district, as defined in this Chapter, the requirements provided in Section 15-65.040(b) apply to the site. For any conforming site in the MU-HD district, the minimum setback area requirements in the MU-VHD district, are as follows:

(1) Front setback area. The minimum front setback area of any lot in a MU-VHD district shall be five feet.

(2) Side and rear setback areas. No side or rear setback areas shall be required for any lot in a MU-VHD district.

(3) Corner side setback area. The minimum corner side setback area of any lot in a MU-VHD district shall be five feet.

(h) Height of structures. No structure shall exceed one hundred twenty-five feet in height or twelve stories.

(i) Enclosure of uses. All permitted and conditional uses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading, outdoor dining associated with a restaurant or market, nurseries when associated with a retail garden shop, private and common open space areas associated with residential uses, outdoor play areas associated with daycare facilities, and other uses of a similar nature.§

(k) Development and operational standards for single-room occupancy (SRO) buildings and units.

(1) SRO buildings.

a. Four square feet of common area per living unit shall be provided, with a minimum of two hundred square feet in area of interior common space, excluding janitorial storage, laundry facilities and common hallways.

b. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units or fractional number thereof, with at least one washer and dryer per floor.§

c. [Continued in next section]

(k) Development and Operational Standards for Single-Room Occupancy (SRO) Buildings#

(1) Cleaning Supply Room#

A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.§

(2) SRO Units#

a. Unit Size#

A unit shall have a minimum size of one hundred fifty square feet and a maximum of four hundred square feet.§

b. Occupancy#

A unit shall accommodate a maximum of two persons.§

c. Bathroom Facilities#

A unit shall contain either partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full bathroom facility shall have a toilet, sink and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences.

d. Kitchen Facilities#

A unit is not required to but may contain kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. If any unit on a floor includes less than a full kitchen, common kitchen facilities shall be provided with at least one full kitchen per floor.

e. Closet#

Each unit shall have a separate closet.

f. Code Compliance#

All units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

(3) SRO Management#

a. Resident Manager#

An SRO building with ten (10) or more units shall provide a twenty-four hour resident manager. An SRO building with less than ten units shall provide a management office.

b. Management Plan#

A management plan shall be submitted with the development application for an SRO building. The management plan shall address management and operation of the facility, rental procedures, safety, and security of residents and building maintenance.

(4) Off-Street Parking#

Off-street parking shall be provided consistent with Section 15-35-030.

(5) Tenancy#

Tenancy of SRO units shall be for not less than thirty days.§

(6) Conversion of Existing Structures#

An existing structure may be converted to an SRO building, consistent with the provision of this Section.

(l) Development and Operational Standards for Emergency Shelters#

(1) Shelter Capacity#

An emergency shelter for homeless persons shall contain no more than twenty beds and shall serve no more than twenty persons nightly.§

(2) Parking#

On-site parking shall be provided based on one space for each employee on the maximum staffed shift.§

(3) Lighting#

Exterior security lighting shall be provided. The lighting shall be stationary and designed, arranged, and installed so as to confine direct rays onto the premises and to direct light away from adjacent structures and public rights-of-way.

a. Parking Area Lighting#

Lighting in parking areas shall be maintained with a minimum of one foot-candle of illumination at the ground level during the hours of darkness.§

b. Exterior Door Lighting#

All exterior doors shall be illuminated with a minimum of 0.5 foot-candle of light during the hours of darkness.§

(4) On-Site Waiting and Intake Areas#

An interior waiting and intake area shall be provided which contains a minimum of two hundred square feet.§ Waiting and intake areas may be used for other purposes (excluding sleeping) as needed during operations of the shelter.

(5) On-Site Staff#

At least one manager and one supporting staff member shall be on-site during all hours of operation of the facility.§ Such manager and staff member must be individuals who do not utilize the shelter's beds or other services and who reside off-site.

(6) Security#

Security personnel shall be provided during operational hours whenever clients are on the site.§ A security plan shall be approved by the Community Development Department Director prior to issuance of a certificate of occupancy.

15-23.010 - Applicability.

Housing development projects shall be permitted on sites in an R-1 zoning district owned by either an independent institution of higher education or a religious institution, as defined by, and in accordance with Government Code Section 65913.16, if at least twenty percent of the units are subjected to a recorded enforceable restriction limiting occupancy of the unit to lower-income households as defined in Health and Safety Code section 50079.5 or moderate-income households, as defined in in Health and Safety Code section 50052.5, and limiting any rent to be charged for the unit to the affordable rent set pursuant to Health and Safety Code section 50053.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

15-23.020 - General Regulations.

(a) Density. Housing development projects shall be permitted at minimum densities of thirty units/acre to a maximum of forty units/acre.

(b) Height. Maximum height is four stories and forty-five feet.

(c) Housing development projects permitted under this Article shall be ministerially approved if all of the criteria identified in Government Code Section 65913.16(c) are met and if the housing development project conforms to the Mixed Use and Multi-Family Design and Development Standards in Article 15-58 of this Chapter.

(d) Housing development projects that are eligible for ministerial approval are also eligible for a density bonus, incentives, concessions, or waivers or reductions of development and parking standards in accordance with State Density Bonus Law.

(e) Project proponents seeking to achieve the residential density allowed in this Article for a housing development project shall meet all provisions of Government Code Section 65913.16 unless the provisions of this Article state otherwise.

(Ord. No. 399, § 1(Att. 1), 4-3-2024)

Article 15-29 - FENCES#

Footnotes: --- (3) ---

Editor's note— Ord. No. 320, § 1.F.18, adopted Nov. 5, 2014, retitled Art. 15-29 to read as herein set out. Art. 15-29 was formerly titled "Fences and Hedges."

15-29.010 - Height restrictions.#

(a) General regulations.#

A building permit shall be required for any solid fence greater than six feet in height.§ Height maximums and permitted materials for fences shall be as follows:

(1) Solid fences.#

Except as otherwise specified in this Article, no solid fence shall exceed six feet in height. However, up to two feet of lattice (or similar material) that is at least twenty-five percent open to the passage of light and air may be added to the top of a solid fence. A solid fence taller than six feet shall not be permitted unless approved by the Planning Commission through the exception process detailed in Section 15-29.090, or approved by the Community Development Director pursuant to Sections 15-29.030, 15-29.040, or 15-29.050 of this Chapter.

(2) Open fences.#

Except as otherwise specified in this Article, open fencing, such as wrought iron, wire material, split rail, chain link, or other similar fencing shall not exceed eight feet in height. With the exception of chain link fencing, open fencing shall have openings sufficient to allow the unobstructed passage of a sphere having a diameter of four inches. For chain link fencing, the opening shall be two inches at minimum and no slats are allowed in any opening.

(b) Front setback area.#

No fence located within any required front setback area shall exceed three feet in height.§

(c) Exterior side setback area of reversed corner lots.#

No fence located within any required exterior side setback area of a reversed corner lot shall exceed three feet in height.§

(d) Exceptions.#

The height limitations do not apply to the following circumstances:

(1) Wrought iron entrance gates within the front setback area, designed with openings to permit visibility through the same, may extend to a height not exceeding five feet, and shall be located a minimum of twenty feet from the edge of street pavement.#

(2) Safety railings that are required by the California Building Code shall be excluded from the height requirements of this Section.#

(3) Pedestrian entryway elements, such as arbors and trellises, when attached to a fence within a front setback area or within an exterior side setback area, may be permitted to a maximum height of eight feet, a maximum width of five feet, and a maximum depth of five feet.#

(4) On any lot where the front setback area, or a portion thereof, of the subject property: (1) does not have street frontage as defined by Section 15-06.290; and (2) the front lot line, or a portion thereof, of the subject property abuts the side or rear setback area of an abutting property, the maximum permitted fence height for a side or rear setback area shall be permitted within the front setback area of the subject property where it abuts the side or rear setback area of an abutting property.#

(e) Street intersections.#

No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street.

(f) Driveway intersections.#

No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides twelve feet in length from either side of a driveway where it intersects with the edge of pavement on a street without a

15-29.010 - Fencing regulations (continued)#

(g) Vehicular obstructions. No fence, hedge, retaining wall, entryway element, or any other similar element shall constitute an obstruction as provided for in City Code Section 10-05.030.

(h) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Section 15-80.030(c) of this Chapter.

(i) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in relationship to the nature and style of the fence, may extend to a height of not more than two feet above the height limit applicable to the fence containing such pilasters, but in no case shall the height of pilasters exceed eight feet. If pilasters within the front setback area are attached to a wrought iron entrance gate, the pilasters are permitted to a maximum height of seven feet.

(j) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and sidewalk entrance.

(k) Swimming pool fences. Fences required for swimming pools are governed by the California Building Code and City Code Section 15-29.020(e).

(l) Retaining walls. No retaining wall shall exceed seven feet in height.§ Notwithstanding the foregoing, no retaining wall located in a front or exterior side setback area shall exceed three feet in height.

(Amended by Ord. 71.86 § 1, 1991; Ord. 71-106 § 6, 1992; Ord. 245 § 2 (Att. A) (part), 2006; Ord. 252 § 1, 2007; Ord. No. 263, § 1(Att. A), 2-18-09; Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 294, § 1.A.3., 9-5-2012; Ord. No. 360, §9(Exh. A), 12-5-2018; Ord. No. 403, § 1(Exh. A, § 11), 7-3-2024; Ord. No. 406, § 1(Att. 1, § 6), 3-5-2025)

15-29.020 - Fencing within hillside districts.#

In addition to the regulations set forth in Section 15-29.010 of this Article, fences located within an HR or R-OS district shall comply with the following regulations:

(a) Area of enclosure. Except for fencing which constitutes part of a corral, no fencing on a single site shall encompass or enclose an area in excess of six thousand square feet or 15 percent of the gross site area, whichever is greater, unless approved by the Planning Commission. The fencing shall meet the requirements stipulated in Section 15-29.010 of this Article. "Encompass and enclose," as used in this section, shall mean to surround an area with a continuous fence or a fence.

(b) Fencing outside area of enclosure. Except for fencing which constitutes part of a corral or fencing required by the Building Code for swimming pools, fencing outside the area of enclosure shall not exceed three feet in height, and shall be split rail fencing, stone wall, or stucco.

(c) Parallel retaining walls. Parallel retaining walls shall be separated by a horizontal distance of not less than five feet. Where two or more retaining walls are approximately parallel to each other and separated by a horizontal distance of thirty feet or less, the combined height of such walls shall not exceed twenty feet.

(d) Wildlife trails. No fence shall unreasonably impede the movement of wildlife animals utilizing an established trail or migratory route which crosses the site.

(e) Swimming pool fences within hillside districts. When a fence already encompasses or encloses six thousand square feet or more on a single site, and a swimming pool fence is required for a swimming pool that is not

15-29.020 - Swimming pool fences.#

(a) * * *

(b) * * *

(d) * * *

(e) Additional enclosure area. For property located within the area of enclosure as described in Article [Section] 15-29.020(a), an additional area around the swimming pool may be enclosed with a fence, provided the swimming pool fence follows the contour of the pool with no more than ten feet of distance located between the fence and edge of water.

(f) Exemptions. The provisions of this Section shall not apply to any property located within and constituting a part of Tract 7763, as shown on the subdivision map thereof recorded in the office of the County Recorder.

(g) Stipulations. Any property located within and constituting a part of Tracts 6526 and 6528 (Parker Ranch Subdivision), as shown on the subdivision map thereof recorded in the office of the County Recorder shall meet the regulations stipulated in Resolution FE-90-001 or successor amendments.

(Amended by Ord. 71.89 § 1, 1991; Ord. 71.98 § 4, 1991; Ord. 71.113 § 3, 1992)

(Ord. No. 263, § 1(Att. A), 2-18-09; Ord. No. 406, § 1(Att. 1, § 6), 3-5-2025)

15-29.030 - Fencing adjacent to commercial districts.#

The Community Development Director may issue a special permit to allow a solid fence, or other type of fence permitted by this Chapter, up to a maximum of eight feet in height where such fence is installed along a rear setback area or interior side setback area of a residential site which abuts a commercial district. The Community Development Director may impose such conditions deemed appropriate to mitigate any visual or other adverse impacts of the fence, including, but not limited to, requirements with respect to the design and materials of the fence and landscape screening. Applications for a special permit under this subsection shall be filed with the Community Development Director on such form as he shall prescribe, and shall be accompanied by a processing fee in such amount as established from time to time by the City Council.

(Ord. No. 263, § 1(Att. A), 2-18-09)

15-29.040 - Fencing to mitigate noise from certain arterial streets.#

(a) For the purpose of noise mitigation, a solid fence, or other type of fence permitted by this Article, exceeding the height otherwise prescribed in this Article as the limit for such fence may be located within any required setback area abutting Prospect Road, Saratoga/Sunnyvale Road, Quito Road, the portion of Saratoga Avenue between Fruitvale Avenue and Lawrence Expressway or the portion of Cox Avenue between Saratoga/Sunnyvale Road and Saratoga Avenue, or any other roadway if the fence was specifically approved by the Planning Commission in accordance with the Saratoga City Code, upon the issuance by the Community Development Director of a fence permit§ and subject to the following provisions:

(1) Where the fence is located within an exterior side setback area or rear setback area abutting one of the arterial streets specified herein, the fence shall not exceed eight feet in height at the property line, plus one additional foot in height for each additional five feet of setback from the property line, up to a maximum height of ten feet§ if the fence is still located within a required setback area.

(2) Where the fence is located within a front setback area abutting one of the arterial streets specified herein, the fence may be located no closer than ten feet from the front property line and shall not exceed eight feet in height, plus one additional foot in height for each additional five feet of setback from the front property line in excess of ten feet, up to a maximum height of ten feet if the fence is still located within the required front setback area.

(3) Where a street line is located within a site, the location and setback of the fence as specified in subsections (a)(1) and (2) of this Section shall be determined by the street line rather than the property line.

(4) * * *

15-29.045 - Fence Permit Requirements (Continued)#

The applicant shall landscape and permanently maintain an area parallel to and along the entire exterior side of the fence facing the street, in accordance with a landscape plan approved by the Community Development Director. All or any portion of such area may be located within the public right-of-way, subject to approval by the Community Development Director. The landscaped area required herein shall be not less than five feet in width§, except that where the available space between the fence and the interior edge of the sidewalk, or the edge of the street pavement where no sidewalk exists, is less than five feet, the Community Development Director may approve a landscape area of not less than two feet. Prior to issuance of the fence permit, a landscape maintenance agreement shall be executed by the applicant and recorded in the office of the County Recorder, which agreement shall constitute a covenant running with the land.

(5)#

The design of the fence shall be subject to approval by the Community Development Director, based upon a finding that the fence is compatible with existing or proposed structures on the site and upon neighboring properties.

(6)#

No permit shall be issued if the Community Development Director finds that the fence will constitute a hazard for vehicular or pedestrian traffic or will otherwise be detrimental to the public health, safety or welfare.

(b)#

Applications for a fence permit under this Section shall be filed with the Community Development Director on such form as he shall prescribe, and shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council.

(Amended by Ord. 71.110 § 2, 1992; Ord. 245 § 2 (Att. A) (part), 2006)

(Ord. No. 263, § 1(Att. A), 2-18-09; Ord. No. 328, § 1(Att. A, § 16), 7-1-2015)

15-29.050 - Fencing Adjacent to Scenic Highways#

In addition to the regulations set forth in Section 15-29.010 of this Article, fences adjacent to State designated scenic highways shall comply with the following requirements:

(a) Fence Permit#

No person shall construct any fence which faces and is located within one hundred feet from the right-of-way of a State-designated scenic highway without first obtaining a fence permit from the Planning Director. Application for such permit shall be submitted to the Planning Director on such form as he shall prescribe, and shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council.

(b) Setback#

No fence shall be constructed within fifteen feet from the property line abutting the right-of-way of a scenic highway. The Planning Director may require this minimum setback to be increased to a maximum of one hundred feet if he determines that such increased setback is necessary to preserve the scenic qualities of the highway.

(c) Color, Material and Design#

Fences adjacent to scenic highways may be constructed of wood, stone, stucco, masonry, wrought iron or similar material, but no chain link, plastic or wire fencing shall be permitted. The design, color and materials of the fence or wall shall be subject to approval by the Planning Director, based upon a finding that the fence or wall will not adversely affect the scenic qualities of the highway and will be compatible with the natural terrain.

(d) Landscape Screening#

The applicant shall landscape and permanently maintain an area parallel to and along the entire length of the exterior side of the fence facing the scenic highway, in accordance with a landscape plan approved by the Planning Director. Such landscape plan shall provide for the planting of trees and vegetation that are native to the area, fast growing, and require little or no maintenance. The Planning Director shall

15-29.050 - Fences adjacent to scenic highways.#

In addition to the regulations set forth in Section 15-29.010 of this Article, fences adjacent to a designated scenic highway shall comply with the following requirements:

(a) Fence permit.#

No person shall construct any fence which faces and is located within fifty feet from the right-of-way of a designated scenic highway, and which exceeds three feet in height, without first obtaining a fence permit§ from the Planning Director. Application for such permit shall be submitted and processed in the manner provided in Article 13-20 of the City Code.

(b) Supporting data.#

The level of detail of the supporting data required by Section 13-20.030 shall be determined by the Planning Director to allow adequate review of the proposed fence.

(c) Setback.#

No fence which exceeds three feet in height shall be constructed within the required setback area fronting a scenic highway. This minimum setback may be required to be increased to a maximum of fifty feet upon the finding that such increased setback is necessary to preserve the scenic qualities of the highway.

(d) Color, material and design.#

Fences adjacent to a scenic highway may be constructed of wood, stone, masonry, wrought iron or similar material.§ The design, color and materials of the fence shall be approved based upon a finding that the fence will not adversely affect the scenic qualities of the highway and will be compatible with the design and materials of existing buildings on the site and structures on adjacent properties. The Planning Director shall not approve the landscape plan unless he finds that the proposed landscaping will effectively screen the fence from public view and enhance the visual appearance of the scenic highway. Prior to issuance of the fence permit, a landscape maintenance agreement shall be executed by the applicant and recorded in the office of the County Recorder, which agreement shall constitute a covenant running with the land.

(e) Height.#

The height of any fence adjacent to a scenic highway shall comply with the regulations set forth in Section 15-29.010 of this Article; provided, however, where the applicant demonstrates to the satisfaction of the Planning Director that his property is subjected to greater noise impacts from the scenic highway as compared generally with other properties located adjacent to such highway, the Planning Director may approve a fence or wall not exceeding eight feet in height.§ As a condition of such approval, the Planning Director may require increased setbacks and landscaping to mitigate the visual impact of the higher fence or wall.

(Amended by Ord. No. 263, § 1(Att. A), 2-18-09)

15-29.060 - Barbed wire and electrified wire prohibited.#

No fence constructed or installed within the City shall contain barbed or electrified wire unless approved by the Planning Commission, based upon a finding that the barbed or electrified wire is necessary for security purposes and that measures will be taken, when appropriate, to mitigate any adverse impacts of such wire.

(Amended by Ord. No. 263, § 1(Att. A), 2-18-09)

15-29.070 - Fences adjacent to heritage lanes.#

In addition to the regulations set forth in Section 15-29.010 of this Article, fences adjacent to a designated heritage lane shall comply with the following requirements:

(a) Fence permit.#

No person shall construct any fence which faces and is located within fifty feet from the right-of-way of a designated heritage lane, and which exceeds three feet in height, without first obtaining a fence permit§ from the Community Development Director. Application for such permit shall be submitted and processed in the manner provided in Article 13-20 of the City Code. If the Heritage Commission recommends issuance, the Community Development Director shall issue the permit in accordance with those recommendations and any condition related but not limited to the design standards set forth in subsections (c), (d), (e) and (f) of this Section and pursuant to the process prescribed in Article 13-20.

(b) Supporting data.#

The level of detail of the supporting data required by Section 13-20.030 shall be determined by the Community Development Director to allow adequate review of the proposed fence.

(c) Setback.#

No fence which exceeds three feet in height shall be constructed within the required setback area fronting a heritage lane. This minimum setback may be required to be increased to a maximum of fifty feet upon the finding that such increased setback is necessary to preserve the historic qualities of the heritage lane.

(d) Color, material and design.#

Fences adjacent to a heritage lane may be constructed of wood, stone, masonry, wrought iron or similar material.§ The design, color and materials of the fence shall be approved based upon a finding that the fence will not adversely affect the historic qualities of the lane and will be compatible with the design and materials of existing buildings on the site and structures on adjacent properties.

(e) Height.#

The height of any fence adjacent to a heritage lane shall comply with the regulations set forth in Section 15-29.010 of the City Code.

(f) Landscaping.#

The applicant shall landscape and maintain an area within the right-of-way, parallel to and along the entire length of the exterior side of a fence in excess of three feet in height, unless the Community Development Director determines that such landscaping is infeasible or would be detrimental to the historic character of the lane.

15-29.080 - Exemption for agricultural uses.#

Fencing around the immediate perimeter of an orchard, vineyard, equestrian facility or similar agricultural use is exempt from this Article.§ This exemption applies to raising of fruit and nut trees, vegetables and horticultural specialties, but does not include nurseries, greenhouses or storage of landscaping equipment, products or supplies for commercial uses.

(Ord. No. 263, § 1(Att. A), 2-18-09)

15-29.090 - Fence exceptions.#

(a) The owner(s) of a fence, or proposed fence, including any gates or pilasters attached thereto, may request that the Planning Commission grant an exception to the regulations regarding fences. The Planning Commission may grant this exception if all of the following findings are made:

(1) The subject fence will be compatible with other similar structures in the neighborhood;

(2) The entirety of the subject fence will be constructed of materials that are of high quality, exhibit superior craftsmanship, and that are durable;

(3) The modification will not impair the integrity and character of the neighborhood in which the fence is located;

(4) The granting of the exception will not be detrimental or injurious to the property, adjacent neighbors, or improvements in the general vicinity and district in which the property is located; and

(5) The granting of the exception will not create a safety hazard for vehicular, pedestrian or bicycle traffic and does not obstruct the safe access to and from adjacent properties.

(b) For exceptions proposed in the HR or R-OS districts, the Planning Commission may grant the exception if, in addition to the findings made in subsection (a), it also makes all of the following findings:

(1) The visibility of the fence from public streets and adjacent properties will substantially be reduced by the topography, landscaping or other features of the site; and

(2) The fence does not unreasonably impede the movement of wildlife animals utilizing an established trail or migratory route which crosses the site; and

(3) In the event the exception is to increase the area of enclosure pursuant to Section 15-29.020(a), the increased area of enclosure is required for safety reasons.

(c) A public hearing on the application for exception approval under this Article shall be required. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the parcel which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing.

(d) A decision or determination made by the Planning Commission under this Article may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter.

(Ord. No. 263, § 1(Att. A), 2-18-09)

Article 15-30 - SIGNS#

Footnotes:#

--- (4) ---

Editor's note— Ord. No. 291, adopted May 2, 2012, repealed and replaced Art. 15-30 to read as herein set out. Former Art. 15-30 pertained to the same subject matter, and consisted of Sections 15-30.010—15-30.200. See Ordinance List for amendatory history.

15-30.010 - Purposes of Article 15-30.#

The purposes of the regulations in this Article are to:

(a) Ensure high-quality designed signs are compatible with adjacent land uses and preserve the residential character of the City;

(b) Prevent substandard sign generation and sign clutter which is counterproductive to business and visually unattractive to the community;

(d) Protect the public safety and reduce traffic and safety hazards through proper location and design of signs; and

(e) Provide a reasonable and constitutional system of sign control including the quantity, type, placement, size, illumination and design of signs.

(Ord. No. 291, § 2, 5-2-2012)

15-30.020 - Definitions.#

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or provision clearly requires otherwise:

(a) Active construction means ongoing construction or remodeling under an active City permit.

(b) Actively marketed means currently marketed for sale or lease.

(c) Advertising display or advertising sign means any sign promoting a business or the sale of a good, service, or other commodity.

(d) A-frame sign means a sign with two sides that are adjoined at the top and sloping down at opposite angles.

(e) Alteration means any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign.

(f) Building sign means a wall sign or a projecting sign.

(1) Wall sign means a sign that is erected, printed, painted, incorporated into, suspended from or otherwise affixed to a wall or fascia of a building or structure with the exposed face of the sign parallel to the plane of the wall.

(2) Projecting sign means a sign that projects outward from a building at a perpendicular angle or hangs below an awning, canopy, overhang, or covered walkway.

(g) Business is defined in Section 4-05.020 of this Code. No single tenant or building occupant shall have more than one primary business at one location for the purposes of this Article.

(h) City means the City of Saratoga, California.

(i) Director means the Community Development Director or designee.

(j) Double-faced sign means a sign with two faces, with each face oriented one hundred eighty degrees (back-to-back) from the other.

(k) Electronic sign means a sign which uses electrified or luminous materials to display a fixed graphic or message to the public.

(l) Freestanding sign means a self-supported sign either mounted on one pole (pole sign) or mounted to the ground (monument sign).

(m) [Continued in next section as provided in the original text]

(n) Sign Definitions#

Hand-held sign#

Hand-held sign means a sign that is held or carried by a person, rather than placed on the ground or other support structure.

Illuminated sign#

Illuminated sign means a sign illuminated by either internal or external lighting.

(1) Internally illuminated sign#

Internally illuminated sign means a sign with a source of illumination that is completely enclosed by the surface of the sign structure or the characters of the sign.

(2) Externally illuminated sign#

Externally illuminated sign means a sign with a source of illumination that is not completely enclosed by any portion of the sign.

(3) Halo-lit sign#

Halo-lit sign means a sign in which the light reflects back off the solid face of the sign or channel cut letter, and onto the facade of the building to give it a halo effect.

(o) Mobile billboard advertising display#

Mobile billboard advertising display means an advertising display that is attached to a wheeled, mobile, nonmotorized vehicle that carries, pulls, or transports a sign or billboard and is used for the primary purpose of advertising.

(p) Multi-family dwelling#

Multi-family dwelling is defined in subsection 15-06.240(c) of this Code.

(q) Noncommercial sign or message#

Noncommercial sign or message means a sign or message other than an advertising display or sign.

(r) Off-site sign#

Off-site sign means an advertising sign that identifies or advertises a location, service, activity, or good sold elsewhere than upon the same site where such a sign is displayed.

(s) On-site sign#

On-site sign means an advertising sign that identifies or advertises an establishment, service or activity that is or will be provided on the same premises.

(t) Permanent sign#

Permanent sign means a sign that is constructed to be used for an unlimited period of time and that is affixed to the ground, wall, or building in a permanent manner.

(u) Sign#

Sign means any structure or material that is used to advertise, announce, identify, direct attention to, or communicate a message, and which is visible from any adjacent property, public right-of-way, or public parking lot. The word "sign" includes, but is not limited to, any letter, writing, graphic, pictorial representation, logo, trademark, symbol, or any other figure. The word "sign" includes, but is not limited to, a banner, building sign, canopy sign, awning sign, freestanding sign, subdivision sign, and window sign. A mural, sculpture, or seasonal decoration that does not promote or advertise a commercial event, service for hire, or product for sale is not a "sign" for purposes of this Code.

Article 15-30.030 - General Provisions#

15-30.030 - General provisions.#

(a) General compliance#

No sign shall be erected, installed, altered or maintained in the City, including within or upon public and private streets therein, except in conformity with the provisions of this Article, and the particular regulations of the district in which the sign is located.

(b) Construction standards#

All signs shall be constructed in such manner as to protect the public safety. Construction of permanent signs shall be as set forth in the latest edition of the California Building Code or other construction standard adopted by the City.

(c) Street intersections#

No sign or sign element exceeding three feet in height shall be located within a triangle having sides fifty feet in length from a street intersection§ (as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists) unless otherwise approved by the City.

Definitions (continued)#

(v) Sign district#

Sign district means a designated area within the City of Saratoga within which certain regulations apply to signs erected, installed, or retained. The sign districts include permitted nonresidential uses other than institutional, public, and quasi-public uses. A map of the sign districts is available at the Community Development Department.

(1) Village Sign District#

This sign district includes all lots with permitted nonresidential uses on Big Basin Way.

(2) Quito Sign District#

This sign district includes all lots with permitted nonresidential uses on Cox Avenue, Village Drive, and Saratoga Avenue between Cox Avenue and Vineyard Lane.

(3) Prospect Sign District#

This sign district includes all lots with permitted nonresidential uses on Prospect Road between Lawrence Expressway and Saratoga Avenue.

(4) Saratoga-Sunnyvale Sign District#

This sign district includes all lots with permitted nonresidential uses on:

a. Saratoga-Sunnyvale Road between Prospect Avenue and Aloha Avenue.

b. Prospect Road between Saratoga-Sunnyvale Road and the Highway 85 underpass.

c. Saratoga Avenue between Park Place and the intersection of Saratoga-Sunnyvale Road and Saratoga-Los-Gatos Road.

d. Saratoga-Sunnyvale Road between Prospect Avenue and the train tracks (north of Manor Drive).

(w) Sign program#

Sign program means a master plan for signage approved by the Planning Commission pertaining, but not limited to, the area, dimension, color, material, design, size, placement, and illumination of all signs to be erected or installed on a building(s) or lot.

(x) Street frontage#

Street frontage means the property line of a site abutting a street.

(y) Temporary sign#

Temporary sign means a sign that is displayed for a limited period of time.

(z) Tenant frontage#

Tenant frontage means the width of tenant space, measured in lineal feet, where the most-traveled customer entrance to an individual establishment is located. If the tenant space is located on the corner of a building facing either a street, driveway, or parking lot, the width of both sides of the tenant space may be used for calculating allowable sign area.

(aa) Traffic control sign or device#

Traffic control sign or device means any nonadvertising sign, signal, marking or device used for the purpose of regulating, warning or guiding traffic, parking, loading, or pedestrian movement.

(bb) Use#

Use means the primary function of an establishment, institution or other entity operating at a site or structure. No single business shall have more than one primary function for the purposes of this Article.

(cc) Window sign#

Window sign means a sign that is displayed on a window, or within five feet of a window, and is visible from a street, walkway, parking lot, or other place that is accessible to the public.

(Ord. No. 291, § 2, 5-2-2012)

15-30.030 - General requirements for signs.#

(a) Driveway intersections. No sign or sign element exceeding three feet in height shall be located within a triangle having sides twelve feet in length from either side of a driveway where it intersects with edge of pavement.§

(b) Site restriction. All signs advertising a good, service, or any other commercial activity shall be located on the same lot as the business or entity selling the good, offering the service, or engaging in the advertised commercial activity, except as otherwise expressly provided in this Article. This restriction does not apply to signs displaying only noncommercial messages.

(c) Multiple uses on same site. The allowable area of signage for a single use shall not exceed the maximum allowable area of signage for that individual use, regardless of the amount of signage allowed for other uses on the site.

(d) Reduction of sign area, height, type, and number. The regulations concerning sign area, height, type, or number, do not confer upon any person the right to erect, install or maintain a sign or signs having such maximum area, height, type, or number. The approving authority may require that the area, height, type, or number of sign(s) be reduced below the maximum set forth herein, based upon a written finding that such reduction is necessary to satisfy the criteria set forth in this Article. The approving authority shall not consider the content of the proposed sign in making this finding.

(e) Legibility. All signs shall be legible under normal viewing conditions.

(f) Maintenance of signs.

(1) All signs shall be maintained in a secure and safe condition.

(2) All signs shall be kept free of rust, corrosion, peeling paint, cracks, fading, torn and tattered materials, or other surface deterioration.

(3) Illuminated signs shall function as designed and permitted.

(4) Signs that are not maintained in accordance with subsections 15-30.030(f)(1)–(3), whether conforming or legal nonconforming as defined in Section 15-30.190(b), shall be subject to abatement in accordance with this Article.

(g) Application of Article. Notwithstanding Section 15-30.050 of this Code, this Article shall apply to City property.

(Ord. No. 291, § 2, 5-2-2012)

15-30.040 - Design criteria.#

(a) Size of letters. Unless otherwise authorized in this Article, no sign shall have letters greater than eighteen inches in any dimension.§

(b) Sign height. Sign height is calculated by measuring the vertical distance from the average ground level directly beneath the sign to the highest point at the top of the sign. All architectural and design elements, poles, posts, and other supporting structures are included in the calculation of height.§

(c) Sign area. Sign Area means the area of the smallest rectangle drawn to include all sign copy (e.g., letters, characters, symbols, graphics, logos). Where the sign copy is placed upon a sign board or other background surface, the exposed board or background surface shall be calculated in the sign area.§

(d) Sign materials. All permanent signs shall be constructed and maintained with high quality all-weather wood, metal, or durable synthetic materials, unless otherwise specified under this Article.§

Article 15-30.040 - Sign Materials, Illumination, and Placement#

(e) Illuminated signs#

All permanent building and freestanding signs may be either illuminated or nonilluminated, provided that illuminated signs must be approved by the Planning Commission pursuant to subsection 15-30.150(c) or Section 15-30.160. No temporary sign may be illuminated unless specifically provided in this Article. All illuminated signs shall comply with the following, unless otherwise specified under a sign program:

The primary source of light shall not be visible from off the property.
The sign shall not cause annoying glare.§
The sign may be subject to conditions, including, but not limited to, the intensity, type, location, and the time during which the sign may be illuminated.
Illuminated building signs in the Village Sign District shall be externally illuminated, halo-lit solid surface, or internally illuminated individual channel cut letters.
Illuminated building signs in the Prospect Sign District, Quito Sign District, and Saratoga-Sunnyvale Sign District shall either be externally illuminated, halo-lit, or internally illuminated individual channel cut letters.
Illuminated cabinet signs are not permitted except as provided for elsewhere in this Article.§

(f) Freestanding signs#

Monument signs may be mounted directly on the ground or on two posts where the posts supporting the sign are no more than two feet high, as measured from the ground to the bottom of the sign.
Pole signs are mounted directly on one pole. The pole supporting the sign shall not extend more than two feet above the top of the sign.§

(g) Sign projection#

No sign shall extend above the ridge line of the building upon which it is located. No sign shall project over a public right-of-way (e.g., sidewalk, street, alley), unless otherwise authorized in this Article.§

(Ord. No. 291, § 2, 5-2-2012)

15-30.050 - Prohibited signs#

The following signs are prohibited everywhere within the City:

(a)#

Signs made of reflective material, and signs incorporating flashing or moving parts, except for traffic control signs or devices erected by a governmental entity. Televisions or monitors less than three square feet in area are excluded from this prohibition.

(b)#

Mobile billboard advertising displays.

(c)#

Advertising displays that are painted or attached to a vehicle parked on any property for more than forty-eight hours within a one-week period, if the sign is larger than twenty percent of the body panel (e.g. door, hood, roof) on which it is located.

(d)#

Streamers, balloons, flares, pennants, twirlers and similar attention-getting devices on or incorporated into any advertising display.

(e)#

Posters, placards, announcements, and advertisements that are erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object permanently affixed in or upon a public highway, public street or public right-of-way except as authorized by subsection 15-30.060(k).

(f)#

Obscene signs, which are defined as signs containing depictions or representations which:

Taken as a whole, the average person, applying contemporary community standards, would find appeals to the prurient interest;
Depict or describe, in a patently offensive way, sexual conduct specifically defined by California law; and
Taken as a whole, lack serious literary, artistic, political, or scientific value.

(g)#

Signs that obstruct any door, window, fire escape or other egress path from any building.

(h)#

(Content for subsection (h) is not provided in the source text.)

15-30.060 - Signs allowed in any zoning district without a sign permit.#

The following signs are allowed without a sign permit in any zoning district in the City:

(a) Flags, provided that they display only noncommercial messages. The aggregate area of all flags displayed on any lot shall not exceed thirty square feet.§ No flagpole shall be higher than twenty-five feet.§

(b) Hand-held signs displaying noncommercial messages.

(c) Window signs, provided that the signs do not comprise more than twenty-five percent of the area of any individual window.§

(d) Temporary special event signs as approved under a special event permit issued per City Code Article 10-10, provided that:

(1) No individual sign shall exceed ten feet in height and sixty square feet in area;§

(2) The signs shall not be illuminated.

(3) No sign shall be thicker than one-half inch, except for support posts firmly planted in the ground.§

(4) A special event sign located on private property may incorporate balloons, ribbons, streamers, or other attention-getting devices (excluding lights), provided these devices are not displayed for more than twenty-four consecutive hours at a time, nor more than six twenty-four-hour periods in any one year.

(5) No signs shall be located on private property without the permission of the property owner.

(e) Temporary noncommercial signs (including, but not limited to, election signs), provided that:

(1) No sign shall be displayed for more than seventy-five cumulative days within a one-year period.§

(2) No sign shall exceed four square feet in area and four feet in height.§

(3) The sign shall not be illuminated.

(4) No sign shall be thicker than one-half inch, except for support posts firmly planted in the ground.

(5) A temporary, noncommercial sign located on private property may incorporate balloons, ribbons, streamers, or other attention-getting devices (excluding lights), provided these devices are not displayed for more than twenty-four consecutive hours at a time, nor more than six twenty-four-hour periods in any one year.

(6) No signs shall be located on private property without the permission of the property owner.

(f) Temporary signs on lots with active construction. In addition to the temporary, noncommercial signs allowed pursuant to subsection 15-30.060(e), up to two temporary, nonilluminated on-site or noncommercial signs on any active construction site, provided that:

(1) The sign shall be located on the same lot as the construction project.

(2) One sign may be freestanding, but in such case shall not exceed six feet in height.§

(3) One sign may be located on a construction fence.

(4) No sign shall exceed fifteen square feet in area.§

(g) Banners on light poles erected or cosponsored by a governmental entity.

(h) Traffic control signs and devices erected by a government entity. Lots with a parking area exceeding ten spaces may have up to four signs for every ten parking spaces, where each sign shall not exceed two square feet in area and four feet in height.

(i) Any signs other than those allowed by this Article.

(Ord. No. 291, § 2, 5-2-2012; Ord. No. 311, § 1, 12-4-2013)

Utility location signs, utility identification signs, and utility markers erected by a governmental entity.

(j)

City entrance signs. One permanent sign adjacent to an arterial street at each entrance to the City. The total sign area of each sign shall not exceed fifty square feet.§

(k)

City median signs. Temporary signs in medians erected by a government entity at locations and in such numbers and sizes approved by the City Manager. The City Manager shall determine safe locations, numbers, and sizes for City median signs, and shall make this information available to the public. Temporary signs displayed by others at these approved locations are permissible if:

(1)

No government entity is displaying its own sign(s) at the approved location(s);

(2)

An application has been submitted to the City Manager to locate non-government signs at the approved locations and the City Manager has authorized the use, pursuant to procedures established by the City Council or City Manager;

(3)

Temporary signs are non-commercial and announce events that (1) are noncommercial; (2) will be held in Saratoga; (3) are open to the general public and (4) are held by either (a) a nonprofit organization; (b) an individual or group without charge; or (c) an individual or group with a charge for the purpose of cost-recovery or raising funds on behalf of a nonprofit organization.

(4)

The temporary signs comply with such other requirements as may be adopted by the City Council or City Manager regarding the duration, size, installation and related matters other than the content of the sign.

(Ord. No. 291, § 2, 5-2-2012; Ord. No. 307, § 1.C.13, 10-16-2013; Ord. No. 311, § 1, 12-4-2013; Ord. No. 353, § 1(Att. A), 12-20-2017)

15-30.070 - Village Sign District. In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in the Village Sign District with a sign permit. Signs on lots in the Village Sign District shall also be consistent with the Village Design Guidelines.

(a)

Building signs.

(1)

Primary building signs. Any number of permanent building signs, provided that the aggregate area of all building signs for any one tenant shall not exceed one-half square foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or forty square feet, whichever is less.§

(2)

Wall signs on buildings with more than one entrance. One permanent building sign, each not exceeding two square feet in area, over each additional entrance to the building.§

(3)

No building sign may cover any architectural element that serves to define a storefront bay. This includes columns, muntins, transoms, and belt courses.

(b)

Projecting sign. If one of the primary building signs permitted pursuant to subsection 15-30.070(a)(1) is a projecting sign, the maximum area for all building signs upon any one building shall be increased by six square feet. However, no projecting sign permitted pursuant to this section shall exceed ten square feet in area if projecting outward from a building at a perpendicular angle, or six feet in area if hanging below an awning or covered walkway.§ The bottom of the sign shall be at least seven feet above the grade below.§ An example of a projecting sign is shown in Graphic 1.

(1)

The material and color palette of a projecting sign must bear a relationship to the building's architecture, cladding, or trim.

(c)

Awning sign.

(1)

Sign copy width: Sign copy (including all text and logos) may be a maximum forty percent of the width of the valence or awning face on which it is displayed.§

(2)

Sign area. All awning sign copy (including text and logos) counts toward the total allowable sign area.

(3)

15-30.070 - General Sign District (continued)#

(d) Electronic sign#

One electronic sign (e.g., neon or L.E.D.) not exceeding two square feet in area§, provided that:

The entire sign shall be comprised of one or a maximum of two solid colors.
The sign shall not flash or be composed of a changeable message.
The sign must be externally illuminated, halo-lit solid surface, or internally illuminated individual channel cut letters.
The sign shall not be illuminated when the use is closed.
If the sign is located on a building, it shall count towards the maximum building sign allowance.
If the sign is located in a window, it shall count towards the maximum window coverage.

(e) Freestanding sign#

One permanent freestanding sign per lot, as follows:

Four or fewer uses. The sign shall only be a pole sign and not exceed nine square feet in area or ten feet in height.§ An example is shown in Graphic 2.
Five or more uses. The sign shall only be a monument sign and shall not exceed fourteen square feet in area, plus one additional square foot of area for each use over five uses.§ The sign shall not exceed six and one-half feet in height.§
The material and color palette of a freestanding sign must bear a relationship to the building's architecture, cladding, or trim.

(f) Roof Signs#

Roof signs and any signs extending above eave lines are not permitted in the Village.§

(Ord. No. 291, § 2, 5-2-2012; Ord. No. 320, § 1.F.19, 11-5-2014; Ord. No. 418, § 1(Exh. B), 4-1-2026)

15-30.080 - Prospect Sign District#

In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in the Prospect Sign District with a sign permit:

(a) Primary building signs#

Any number of permanent building signs, provided that the aggregate area of all building signs for any one tenant shall not exceed one-half square foot of area for each lineal foot of tenant frontage§, as defined in Section 15-30.020, or forty square feet, whichever is less.

(b) Wall signs on buildings with more than one entrance#

One permanent building sign, each not exceeding two square feet in area, over each additional entrance to the building.

(c) Electronic sign#

One electronic sign (e.g., neon or L.E.D.), not exceeding two square feet in area§, provided that:

The entire sign shall be comprised of one or a maximum of two solid colors.
The sign shall not flash or be composed of a changeable message.
The sign shall not be illuminated when the use is closed.
If the sign is located on a building it shall count towards the maximum building sign allowance.
If the sign is located in a window it shall count towards the maximum window coverage.

(d) Freestanding sign#

One permanent freestanding sign, as follows:

One or two uses. The sign shall not exceed fifteen square feet in area or seventeen feet in height.§
Three or four uses. The sign shall not exceed twenty-five square feet in area or seventeen feet in height.§
Five or more uses. The sign shall only be a monument sign and shall not exceed forty square feet in area or ten feet in height.§

(e) Illuminated cabinet signs#

(Ord. No. 291, § 2, 5-2-2012; Ord. No. 320, § 1.F.19, 11-5-2014)

15-30.090 - Quito Sign District#

In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in the Quito Sign District with a sign permit:

(a)#

15-30.090 - Permitted Signs in All Sign Districts.#

The following signs are allowed in all sign districts with a sign permit, except as otherwise provided in this Article:

(a) Primary building signs. Any number of permanent building signs, provided that the aggregate area of all building signs for any one tenant shall not exceed one-half square foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or forty square feet, whichever is less.

(b) Wall signs on buildings with more than one entrance. One permanent building sign, each not exceeding two square feet in area, over each additional entrance to the building.

(c) Electronic sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two square feet in area, provided that:

(1) The entire sign shall be comprised of one or a maximum of two solid colors.

(2) The sign shall not flash or be composed of a changeable message.

(3) The sign shall not be illuminated when the use is closed.

(4) If the sign is located on a building it shall count towards the maximum building sign allowance.

(5) If the sign is located in a window it shall count towards the maximum window coverage.

(d) Freestanding sign. One permanent freestanding sign, as follows:

(1) One or two uses. The sign shall not exceed fifteen square feet in area or ten feet in height.

(2) Three or four uses. The sign shall not exceed twenty-five square feet in area or ten feet in height.

(3) Five or more uses. The sign shall only be a monument sign and shall not exceed forty square feet in area or ten feet in height.§

(Ord. No. 291, § 2, 5-2-2012; Ord. No. 320, § 1.F.19, 11-5-2014)

15-30.100 - Saratoga-Sunnyvale Sign District.#

In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with nonresidential uses in the Saratoga-Sunnyvale Sign District with a sign permit. Signs on lots located in the Saratoga-Sunnyvale Road Gateway area shall also be consistent with the Gateway Design Guidelines.

15-30.110 - Temporary on-site signs on lots in any sign district.#

In addition to other signs allowed pursuant to this Article, temporary on-site signs that comply with each of the following standards are allowed on lots in any of the four sign districts without a permit:

(a) The aggregate area of all building signs for any one tenant shall not exceed one-half square foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or forty square feet, whichever is less.