Exhibit CC 01-17-2012 Item No. 17 Zoning Ordinance -Imi `1
(11. Ordincmc&
CHAPTER 19.60: GENERAL COMMERCIAL (CG) ZONES*
Section
19.60.010 Purpose.
19.60.020 Applicability of Regulations.
19.60.030 Permitted, Conditional and Excluded Uses.
19.60.040 Permits Required for Development.
19.60.050 Land Use Activity.
19.60.060 Development Standards
* Prior history: amended during 4/94 supplement and by Ords. 1601, 1618, 1630 and 1637.
19.60.010 Purpose.
The purpose of the general commercial zoning district is to establish regulations for retailing,
offices and service establishment offering goods and services to the general public which will
assure maximum compatibility with surrounding residential areas as well as minimize adverse
traffic impacts resulting from commercial development.
(Ord. 1687,Exh. A (part), 1995)
19.60.020 Applicability of Regulations.
No building, structure, or land shall be used, and no building or structure shall be erected,
structurally altered, or enlarged in a CG zone, otherwise than in conformance with the provisions
of this chapter and other applicable provisions of this title.
(Ord. 1687, Exh. A (part), 1995)
19.60.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned general
commercial (CG), are identified in Table 19.60.030, Permitted, Conditional and Excluded Uses
in General Commercial Zoning Districts below.
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning
Districts:
Zoning Districts CG I
-235-
Zoning Districts
CG
Uses
9. Laundry facilities, including those below, provided that the solvents used in the cleaning
process shall not be used or stored in any manner not approved by the State Fire Marshal
and provided the establishment received approval from the Bay Area Air Quality
Management District.
a. Self service operations
b. Full service operations; and
c. Retail dry cleaning establishments. Dry cleaning is limited to items directly delivered
to the establishment by retail customers.
10. Dry cleaning plants and similar establishments,provided that the solvent used in the
cleaning process shall not be used or stored in any manner not approved by the State Fire
Marshal;
11. Private clubs, lodges, or fraternal organizations
a. Uses in (11) above as subordinate uses in buildings intended primarily for other P
permitted uses provided for in this section
b. Uses in (11) above as principal use buildings CUP—
PC
12. Fraternity and sorority houses CUP -
PC
13. Limited repair services, such as:
a. Jewelry,
b. Household appliance, P
c. Typewriter and
d. Business machine repair shops
14. Personal service establishments such as:
a. Barbershops,
b. Beauty parlors,
c. Massage establishments,
d. Shoe repair shops, and
e. Tailor shops
15. Accessory facilities and uses customarily incidental to permitted uses and otherwise
conforming with provisions of Chapter 19.100 of this title.
16. A maximum of four video game machines, provided these machines are incidental to the
main activity of the business
17. Specialty food stores which cumulatively comprise less than fifty percent of the retail
space of a single building or shopping center;
18. Pet shop and pet services facilities (buildings) and bathing, clipping, trimming and similar
services for pets
a. Uses in (18) above which are located in a sound-proof structure and are in compliance
with Santa Clara County Health Department regulations
b. Uses in (18) above which are not located in a sound-proof structure and are in CUP -
compliance with Santa Clara County Health Department regulations PC
19. Animal clinics and hospitals, facilities for bathing, clipping, trimming, and similar
services for pets; kennels; taxidermists;
-2?7-
Zoning Districts
CG
Uses
34. Automobile,trailer, tire and boat sales and rental, limited to new and used vehicles in CUP—
operable condition PC
35. Automobile and Tire repair shops CUP—
PC
36. Other commercial uses which are neither permitted uses nor excluded uses and which are,
in the opinion of the Planning Commission, consistent with the character of a general CUP -
commercial (CG) zone of the same general character listed in this section, and which do PC
not create significant adverse impacts to the surrounding area due to odor, dust, fumes,
glare, radiation, vibration, noise, traffic or litter.
37. Businesses where the primary activity is related to the on-site manufacturing, assembly or Ex
storage of building components intended for use by general contractors or wholesalers;
38. Storage garages, and other wholesale businesses, except computer hardware and software
and communications businesses for which the city may generate sales tax revenue where Ex
the primary activity is to conduct sales and services to other businesses rather than to
direct retail customers;
39. Other uses which, in the opinion of the Planning Commission, are objectionable by reason
of odor, dust, smoke, glare, fumes,radiation, vibration, noise,traffic or litter shall be Ex
excluded.
40. Warehouses; Ex
41. Lumberyards, Ex
42.Nurseries and greenhouses; Ex
43. Commercial excavating of building or construction materials Ex
Key:
P— Permitted Use
-— Not Allowed
CUP—Admin.— Conditional Use Permit issued by the Director of Community Development
CUP—PC— Conditional Use Permit issued by the Planning Commission
CUP—CC— Conditional Use Permit issued by the City Council
Ex- Excluded Uses
19.60.040 Permits Required for Development.
A. Prior to the erection of a new building or structure or enlargement or modification of an
existing building, structure, or site (including landscaping and lighting) in a CG zoning district,
permits must be obtained in accordance with Table 19.12.030.
(Ord. 2056, (part), 2010; Ord. 1844, § 1 (part), 2000; Ord. 1784, (part), 1998; Ord. 1687, Exh. A
(part), 1995)
19.60.050 Land Use Activity.
A. Land Use Criteria. Unless otherwise provided by a conditional use permit,the following
regulations shall apply to all users governed by this chapter.
-239-
A. Lot Area and Coverage No minimum lot area or coverage.
Must be in conformance with the General Plan or applicable
Specific Plan.
Must have sufficient area to satisfy off-street parking and loading
requirements contained in this title.
B. Height of Buildings and 30 feet unless otherwise permitted by the General Plan or
Structures applicable Specific Plan.
C. Required Setbacks for Buildings and Enclosed Patio/Atrium Space
1. Front Yard Established based upon special policies contained in the General
Plan and/or applicable specific plan to:
• Insure sufficient space to provide adequate light, air and
visibility at intersections;
• Assure general conformity to yard requirements of adjacent or
nearby zones, lots or parcels; and
• Promote excellence of development.
2. Minimum Side and No side or rear yard setback required unless lot abuts any
Rear Yard residential or agricu ltural-residential zone in which case the
following regulations apply:
a. Side Yard Setback
i. Interior Side 12 feet, or a total setback equal to one foot of additional setback for
each foot of height of a commercial building measured from its
eave line or top of parapet, whichever is more restrictive.
ii. Street Side of 12 feet
Corner Lot
b. Rear Yard Setback 20 feet, or a total setback equal to one and one-half feet of
additional setback for each foot of height of a commercial building
measured from its eave line or top of parapet,whichever is more
restrictive.
D. Noise Standards—
1. New Construction and uses approved as a Conditional Use that have a high probability of
generating noise that adjoin residential districts shall be:
a. Exterior Walls Designed to attenuate all noise emanating from interior retail space.
b. Loading Docks Located away from residential districts. Required Fire Doors are
and Doors excluded.
c. Mechanical and Air conditioning, exhaust fans, and other mechanical equipment
other equipment shall be acoustically isolated to comply with the noise ordinance
d. Sound Wall Install a minimum eight-foot-high masonry sound wall on or
adjacent to the common property line
e. Acoustical Certified by an acoustical engineer that the above sound attenuation
Engineer measures comply with the intent of the regulation and the City's
community noise ordinance
2. In addition to (1) above, retail structures in a mixed use residential development shall
employ noise attenuation techniques recommended by an acoustical engineer to comply
with the community noise ordinance.
-24 1-
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19.68.050 SiteDevelopment Regulations.
Table 19.68.050 sets forth the rules and regulations pertaining to the development of property
zoned Administrative and Professional Office (OA) and Planned Office (OP).
Table 19.68.050: Site Development Regulations
OA OP
A. Minimum Lot Area, Lot Dimensions and Building Coverage
1. Minimum Size 1 acre
2. Minimum Lot 150 feet
Dimension in any
direction
3. Maximum Lot 40% 40%
Coverage
B. Height
1. Principal Building 30 feet(limited to two stories) 30 feet (limited to 3 stories) unless a
different height is allowed by the
General Plan
2. Accessory Structures 15 feet(limited to one story) 15 feet(limited to one story)
C. Setbacks
1. Front Yard 20 feet 50 feet but not less than a distance
equal to the height of the building
measure from natural grade
2. Side Yard:
a. Interior Side Same as those required in nearest 20 feet but not less than a distance
adjacent residential zoning district. equal to the height of the building
from the natural grade.
b. Street Side of Same as those required in nearest 50 feet but not less than a distance
Corner Lot adjacent residential ;zoning district. equal to the height of the building
from the natural grade.
3. Rear Yard Same as those required in nearest 30 feet but not less than a distance
adjacent residential zoning district. equal to the height of the building
from the natural grade.
4. Buildings over 35 feet - No structure in excess of 35 feet in
in height height shall be located closer to a
residential zone than a distance
equal to four times its height.
5. Setback from - 100 feet.
Residential Zone 25 feet closed to any lot line shall be
used for landscaping, planting or
screening (except for access ways.)
6. Distance Between - 30 feet unless it is a complex with
Buildings on same lot similar architecture on lots of 10
acres or more.
D. Off-street Parking Shall be in accord with the Shall be in accord with the
-251-
OA OP
City. 2. All wires, pipes, cables, utilities
2. All wires,pipes, cables, utilities and connections shall be placed
and connections shall be placed in underground or subsurface
in underground or subsurface conduits subject to the
conduits subject to the specifications of the subdivision
specifications of the ordinance of the City.
subdivision ordinance of the 3. Underground vaults, or, well
City. screened areas, if underground
3. Underground vaults, or, well vaults are deemed to be
screened areas, if underground infeasible by the City Engineer
vaults are deemed to be and the Director of Community
infeasible by the City Engineer Development, must be provided
and the Director of Community for the installation of the
Development, must be provided necessary utilities.
for the installation of the
necessary utilities.
I. Mechanical Air conditioning, exhaust fans, and Air conditioning, exhaust fans, and
Equipment other mechanical equipment shall other mechanical equipment shall be
be visually screened. visually screened.
-253-
19.72.050 Restrictions Related to Emissions.
No use shall be allowed which is or will be offensive by reason of the emission of dust, gas,
smoke, noise, fumes, odors, bright lights, vibrations, nuclear radiation, radio frequency
interference, or otherwise. Every use shall be operated in such manner that the volume of sound
inherently and recurrently generated shall not exceed sixty-five (65) decibels during the day and
55 decibels at night, at any point on the property line on which the use is located, or sixty (60)
decibels during the day and 55 decibels at night, at any point on the property line on which the
use is located where such property line abuts property that is zoned for residential purposes.
Noise and sounds shall be appropriately muffled in such manner so as not to be objectionable as
to intermittent beat, frequency, or shrillness.
Provided further that prior to issuance of a building permit the Building Inspector may require
evidence that adequate controls, measures, or devices have been provided to insure and protect
the public interest, health, comfort, convenience, safety and general welfare from such nuisances.
Emissions of noise, vibrations, radiation, light, smoke, fumes or gas, odor, dust and toxic waste
shall be limited to quantities indicated in this section. The limitations shall apply at any point
outside the boundary of each lot in an ML zone, the boundary assumed, for the purpose of this
title,to extend in a vertical plane and below ground. In case of further subdivision or lot split,the
limitations shall not apply outside any resulting lot.
A. Vibration. Vibrations in the nonaudible range shall not be of such intensity that they can be
perceived without instruments.
B. Radiation. Electromagnetic radiation shall not result in perceptible disturbance of television or
radio reception.
C. Light. The intensity of light at the boundary of each lot shall not exceed seventy-five (75)
footlamberts from a source of direct light, or one hundred (100) footlamberts from a source of
reflected light. The intensity of light at the boundary of an industrial zone, or an industrial area
in a planned development (P)zone, shall not exceed fifty (50) footlamberts from a source of
direct light, or seventy-five(75) footlamberts from a source of reflected light.
D. Smoke.No emission shall be permitted at any point, from any chimney or otherwise, of
visible grey smoke of a shade equal to or darker than No. 1 on the Ringelmann Smoke Chart, as
published by the U.S. Department of Interior, Bureau of Mines, Informational Circular 8333,
May 1967); except that a visible grey smoke of a shade equal to No. 2 on the Ringelmann Smoke
Chart may be emitted for four(4) minutes in any thirty (30) minutes.
E. Hazardous and Toxic Materials. The use, handling, storage, and transportation of toxic and
hazardous materials shall comply with the provisions of the California Hazardous Materials
Regulations (California Administrative Code, Title 22, Division 4). The use, storage,
manufacture and disposal of hazardous materials shall be regulated and monitored according to
-255-
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CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI PUBLIC BUILDING (BQ)
ANDTRANSPORTATION (T) ZONES
Section
19.76.010 Purpose.
l 9.76.020 Applicability of Regulations.
19.76.030 Permitted, Conditional and Excluded Uses in BA, BQ and T Zones.
19.76.040 Permits Required for Development.
19.76.050 Application Requirements.
19.76.060 Site Development Regulations.
19.76.010 Purpose.
The BA, BQ and T zoning districts are designed to accommodate governmental,public utility,
educational, religious, community service,transportation, or recreational facilities in the City.
(Ord. 1601, Exh. A (part), 1992)
19.76.020 Applicability of Regulations.
The specific regulations of this chapter shall apply to all BA, BQ and T zoning districts.
(Ord. 1601, Exh. A (part), 1992)
19.76.030 Permitted, Conditional and Excluded Uses in BA, BQ and T Zones.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned Public
Building(BA), Quasi-Public Building(BQ), and Transportation (T) are identified in Table
19.76.030, Permitted, Conditional and Excluded Uses in Public, Quasi-Public and Transportation
Zoning Districts.
Table 19.76.030—Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones
Zoning Districts BA BQ
Uses Q
1. Buildings and other uses on land owned or utilized by a federal, -
state, county, or city government or authority, or by a special P -
district created for public purposes under the laws of the State
of California are permitted in a BA zone.
2. Rotating homeless shelter provided that the following -
conditions are met:
a. Shelter is located within an existing church structure;
b. The number of occupants does not exceed twenty-five; - P
c. The hours of operation do not exceed six p.m. to seven a.m.;
d. Adequate supervision is provided;
e. Fire safety regulations are met; and
f. Operation period does not exceed two months in any twelve-
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19.76.040 Permits Required for De\elopment.
Prior to the erection of a new building or structure or enlargement or modification of an
existing building, structure, or site (including landscaping and lighting) in a BA. BQ or T zoning
district,the applicant for a building permit must obtain permits in accord with Chapter 19.12.
19.64.050 Application Requirements.
Prior to the issuance of development permits, or any amendment thereto, an application shall
be made that, in addition to the requirements in Chapter 19.12, shall include a development plan.
The plan shall include:
A. Types and heights of buildings/structures and location of areas where buildings are to be
placed;
B. A proposed system of public and private streets, including cross-sections for all types of
streets;
C. Landscape plans;
D. Parking and loading plans as required by this title;
E. Any other information, which the Director of Community Development requires in order to
evaluate the effects of the proposed facilities on the surrounding areas.
(Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)
19.64.060 Site Development Regulations.
A. Maximum Height of Buildings and Structures. The height of buildings in BA, BQ and T zone
districts is regulated by the development plan.
B. Setbacks and Screening.
1. There are no minimum setbacks in BA, BQ or T zoning districts; provided, however,that
the Planning Commission may establish minimum setbacks with respect to each individual
application for a development permit or a conditional use permit in order to provide adequate
light, air and visibility at intersections, and to provide general conformity with adjacent and
nearby zones and lots, or to promote the general excellence of the development;
2. Adequate screening to limit noise, to reduce glare of lights, and to prevent obnoxious
emissions shall be provided when deemed appropriate by the Planning Commission.
(Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992)
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