(a) Site Specifications, Building Size and Bulk, and Residential Density
The site development regulations in Table 2 shall apply in the multiple-family residence districts, provided that more restrictive regulations may be recommended by the Architectural Review Board and approved by the Director of Planning and Development Services, pursuant to the regulations set forth in Chapter 18.76, and the objective design standards set forth in Chapter 18.24. Except that sites designated as Housing Element Opportunity Sites shall meet the development standards specified in Chapter 18.14.020.
Table 2
Multiple Family Residential Development Table
Multiple Family Residential Development Table
RM-20 | RM-30 | RM-40 | Subject to regulations in: |
RM-20 | RM-30 | RM-40 | Subject to regulations in: | |
Minimum Site Specifications
| ||||
Site Area (ft2) | 8,500 | |||
Site Width (ft) | 70 | |||
Site Depth (ft) | 100 | |||
Substandard Lot Specifications
| ||||
Site Area (ft2) | Less than 8,500 square feet and/or less than 70 feet in width | |||
Site Width (ft) | ||||
Minimum Setbacks
|
Setback lines imposed by a special setback map pursuant to Chapter 20.08 of this code may apply | |||
Front Yard (ft) | 20 | 20 | 20 (2) | 18.13.040(b) |
On arterial roadways, expressways, and freeways(1) | 20 (1,2) | 20 (1,2) | 25 (1,2) | |
Interior Side Yards (ft) | 18.13.040(b) | |||
For lots with width of 70 feet or greater | 10 | 10 | 10 | |
For lots with width of less than 70 feet | 6 feet | |||
Interior Rear Yards (ft)3 |
10 | 10 | 10 | |
Street Side and Street Rear Yards (ft) | 16 | 16 | 16(2) | |
Maximum Height (ft) |
30 | 35 | 40 | |
Portions of a site within 50 feet of a more restrictive residential district or a site containing a residential use in a nonresidential district(9) | 35 | |||
Daylight Planes(7) | ||||
• Daylight Plane for side and rear lot lines for sites abutting any R-1, R-2, RMD, or RM-20 district or abutting a site containing a single-family or two-family residential use in a nonresidential district: | ||||
Initial Height (ft) | 10 | |||
Angle (degrees) | 45 | |||
• Daylight Plane for side and rear lot lines for sites abutting a RM-30, RM-40, Planned Community, or nonresidential district that does not contain a single-family or two-family residential use: | ||||
For lots with width of 70 feet or greater | None | |||
For lots with width of less than 70 feet, limited to the first 10 feet from the property line (no daylight plane beyond 10 feet): | ||||
Initial Height (ft) | 10 | |||
Angle (degrees) | 45 | |||
Maximum Site Coverage:
| ||||
Base | 35% | 40% | 45% | |
Additional area permitted to be covered by covered patios or overhangs otherwise in compliance with all applicable laws | 5% | 5% | 5% | |
Maximum Floor Area Ratio (FAR)(4) |
0.5:1 | 0.6:1 | 1.0:1 | |
Residential Density (units) | ||||
Maximum number of units per acre(3) |
20 | 30 | 40 | 18.13.040(g) 18.14.020 |
Minimum number of units per acre(8) |
11 | 16 | 21 | 18.14.020 |
Minimum Landscape/Open Space Coverage(5) (percent) |
35 | 30 | 20 | 18.13.040(e) 18.14.020 |
Minimum Usable Open Space (sf per unit)(5) |
150 | 150 | 150 | |
Minimum common open space (sf per unit) | 75 | 75 | 75 | 18.13.040(e) |
Minimum private open space (sf per unit) |
50 | 50 | 50 | |
Landscape Requirements | ||||
Parking(6) | See provisions of Chapter 18.52 | Ch. 18.52 | ||
(1) Arterial roadways, expressways, and freeways are identified in Map T-5 of the Comprehensive Plan and do not include residential arterials.
(2) Lesser setbacks may be allowed by the Planning Director, upon recommendation by the Architectural Review Board pursuant to criteria set forth in Chapter 18.76 and the context-based criteria outlined in Section 18.13.060. Special setbacks may not be reduced except upon approval of a design enhancement exception or variance.
(3) Provided that, for any lot of 5,000 square feet or greater, two units are allowed, subject to compliance with all other development regulations.
(4) Covered parking is not included as floor area in multi-family development, up to a maximum of 230 square feet per required parking space that is covered. Covered parking spaces in excess of required parking spaces count as floor area.
(5) Usable open space is included as part of the minimum landscape/open space coverage; required usable open space in excess of the minimum required for common and private open space may be used as either common or private usable open space; landscaping may count towards total landscape/open space coverage after usable open space requirements are met.
(6) (Reserved)
(7) Each daylight plane applies specifically and separately to each property line according to the adjacent use.
(8) The minimum density for a site may be reduced by the Director if, after the proposal is reviewed by the Architectural Review Board, the Director finds that existing site improvements or other parcel constraints, preclude the development from meeting the minimum density. A site with an existing single-family use or two-family use may be redeveloped at the existing density, either single-family or two-family as applicable. An existing or replaced single-family or two-family residence shall not be considered a nonconforming use, and the provisions of Chapter 18.70 shall not apply, solely based on the minimum density requirement.
(9) Distance shall be measured from the property line of the subject site.
(b) Setbacks, Daylight Planes and Height - Additional Requirements and Exceptions
(1) Setbacks
(A) Required parking spaces shall not be located in a required front yard, nor in the first ten feet (10') adjoining the street property line of a required street side yard.
(B) Projections into yards are permitted only to the extent allowed by Section 18.40.070 of this code.
(C) Electrification Equipment and any associated housing, screening, insulation, or bollards necessary to enable compliance with the applicable regulations, including Chapter 9.10 of this Code, shall provide a minimum three foot interior side and rear yard setback and a minimum ten foot street sideyard setback. Except as otherwise provided in this Title for EVSE and energy storage systems, Electrification Equipment shall not be located in the required front yard setback and shall at all times provide sufficient clearance for fire safety purposes. All Electrification Equipment must meet the City Noise Ordinance in Chapter 9.10 of this code.
(D) Where existing improvements comply with front setback requirements, EVSE may encroach up to four feet into the required front setback. Where existing improvements do not comply with front setback requirements, EVSE may encroach into the otherwise required front setback by two feet beyond the existing improvement.
(E) The Planning Director may publish administrative regulations to further implement subsection (b)(1)(C), including a list of equipment or technologies that may presumptively be installed within setbacks without housing and insulation due to noise generation below applicable maximums.
(2) Height and Daylight Planes
(A) Exceptions to maximum height limitations are permitted only to the extent allowed by Section 18.40.090 of this code.
(B) The following features may extend beyond the daylight plane established by the applicable district, provided that such features do not exceed the height limit for the district unless permitted to by Section 18.40.090 of this code:
i. Television and radio antennas;
ii. Chimneys and flues that do not exceed 5 feet in width, provided that chimneys do not extend past the required daylight plane a distance exceeding the minimum allowed pursuant to Chapter 16.04 of this code.
iii. Cornices and eaves, excluding flat or continuous walls or enclosures of usable interior space, provided such features do not extend past the daylight plane more than 4 feet, and so long as they do not encroach into the side setback greater than 2 feet.
(c) Single-Family and Two-Family Uses
(1) The regulations in Chapter 18.12 that apply to the R-1 district shall apply to sites in single-family use in the multiple-family residence districts. The regulations in Chapter 18.10 that apply to the R-2 district may be applied, at the applicant's discretion, to sites in two-family use in the multiple-family residence districts, in lieu of the multi-family standards.
(2) The Individual Review provisions of Section 18.12.110 of the Zoning Ordinance shall be applied to any single-family or two-family residence in the multi-family districts, to those sides of a site that share an interior side lot line with the interior side or rear lot line of a property zoned for or used for single-family or two-family dwellings. The Individual Review shall not be applied to adjacent uses other than single-family and two-family uses.
(3) Notwithstanding other provisions of this chapter, existing two-family residential development in multiple family residential districts may be divided into two separate ownership parcels where all of the following circumstances exist:
(A) At least one residence is designated on the City’s Historic Inventory as a Category 1, Category 2, Category 3, or Category 4 historic structure as defined in Section 16.49.020 of this code or are contributing structures located within a locally designated historic district or are eligible for the National or California Registers; and
(B) No increase in the total number of residences on the site is proposed; and
(C) Separate lots are proposed to be created, each with a minimum lot size not less than 4,000 square feet if only one residence is historic; if both residences are historic and subject to a covenant, the allowable minimum lot size is 2,000 square feet and
(D) The resultant parcel lines may create less than minimum lot size (no less than the area stated in item (C) of this section), site width and depth, setback and daylight plane encroachments, floor area and site coverage exceeding the maximum allowable for existing development with respect to each new parcel, without the need for approval of a Variance or Home Improvement Exception, but would not generally increase any existing non-complying building features; however, minor additions for functional improvements may be allowed at the discretion of the Director of Planning and Development Services; and
(E) The Historic Resources Board has determined that at least one existing residence on the property has historic integrity and qualities for listing on the City’s Historic Inventory.
(F) A covenant is recorded to run with the land in perpetuity, assuring that the historic residences will be maintained consistent with the Secretary of the Interior’s Standards for Historic Rehabilitation through compliance with Historic Resources Board review and recommendation. The covenant will stipulate that HRB review is required for all major projects on the site including significant changes to any non-historic residence. Any modifications to a non-historic residence must be compatible with the historic residence and satisfy the Secretary of Interior’s Standards for Historic Compatibility.
(G) The two residences on the property were in existence as of January 28, 2009.
(H) Application of the state Historic Building Code is available for use on any eligible building.
(I) Residences subject to a covenant must meet all government health, life and safety codes.
(d) Substandard Lots
Substandard lots in the multiple family zoning districts are those that are: 1) less than the minimum 8,500 square feet in size, or 2) less than 70 feet in width. These lots may be developed pursuant to the regulations outlined in Table 2 or may be developed according to the regulations provided for Village Residential development, as outlined in Section 18.13.050. Single-family and two-family development on these lots shall be developed as outlined in subsection (c) above.
(e) (Reserved)
(f) Personal Services, Retail Services, and Eating and Drinking Services in the RM-30 and RM-40 Districts
Within a single residential development containing not less than 40 dwelling units, personal services, retail services, and eating and drinking services solely of a neighborhood-serving nature to residents in the development or in the general vicinity of the project may be allowed upon approval of a conditional use permit, subject to the following limitations and to such additional conditions as may be established by the conditional use permit:
(1) Total gross floor area of all such uses shall not exceed 5,000 square feet or three percent of the gross residential floor area within the development, whichever is smaller, and may not occupy any level other than the ground level or below grade levels.
(2) A maximum of 2,500 square feet of retail and/or service and/or eating and drinking uses shall be allowed per establishment.
(3) Personal services, retail services, and eating and drinking services provided in accordance with this section shall not be included in the gross floor area for the site.
(4) The conditional use permit for the project may preclude certain uses and shall include conditions that are appropriate to limit impacts of noise, lighting, odors, parking and trash disposal from the operation of the commercial establishment. The hours of operation shall be limited to assure compatibility with the residential use and surrounding residential uses.
(5) Allowable Neighborhood-Serving Uses. A neighborhood-serving use primarily serves individual consumers and households, not businesses, is generally pedestrian oriented in design, and does not generate noise, fumes or truck traffic greater than that typically expected for uses with a local customer base. A neighborhood-serving use is also one to which a significant number of local customers and clients can walk, bicycle or travel short distances, rather than relying primarily on automobile access or the provider of the goods or services traveling off-site. Allowable neighborhood-serving personal services, retail services and eating and drinking services may include, but are not limited to, "agent" dry cleaners, flower shops, convenience grocery stores (excluding liquor stores), delicatessens, cafes, fitness facilities, day care facilities, and similar uses found by the Planning Director to be compatible with the intent of this provision.
(6) For any project, other than a 100% affordable housing project, containing forty (40) or greater units and located more than 500 feet from neighborhood commercial services, as determined by the Director, a minimum of 1,500 square feet of neighborhood serving retail, personal service, and/or eating or drinking uses shall be provided, subject to the above limitations. No conditional use permit is required, but the commercial use shall be reviewed by the Architectural Review Board as part of the architectural review approval. A minimum of one parking space for each employee working or expected to be working at the same time shall be provided. A "100% affordable housing project" as used herein means a multiple-family housing project consisting entirely of affordable units, as defined in Section 16.65.020 of this code, available only to households with income levels at or below 120% of the area median income for Santa Clara County, as defined in Chapter 16.65, and where the average household income does not exceed 80% of the area median income level, except for a building manager's unit.
(g) Redevelopment of Sites with Non-complying Density
For a parcel with a residential use that exceeds the maximum unit density of the applicable zoning district, the Director may grant an exception to the maximum unit density standard and allow the parcel to be redeveloped to replace the legally established residential units at the existing density, subject to all of the following:
(1) The applicant must make the request for exception under this provision at the time of project application;
(2) The project is a residential rental project;
(3) The project complies with all other applicable development standards; and
(4) The project shall not be eligible for a density bonus under Chapter 18.15 (Density Bonus). The applicant must elect whether to utilize state density bonus law or the exception described herein as an alternative to state density bonus law.
(h) Performance Criteria
In addition to all other provisions of this chapter, all multi-family development shall comply with applicable provisions of Chapter 18.40 (General Standards and Exceptions).
(Ord. 5601 § 4, 2023: Ord. 5587 § 18, 2023: Ord. 5554 § 3, 2022: Ord. 5548 § 3, 2022: Ord. 5542 § 17, 2022: Ord. 5494 § 3, 2020: Ord. 5460 § 4 (part), 2019: Ord. 5051 § 6, 2009: Ord. 4964 § 2 (part), 2007: Ord. 5608 § 5, 2024)