§ 18.12.040 — Other Applicable Regulations

In addition to the standards specified in Article 3 (Site Planning and General Development Standards) and Article 4 (Standards for Specific Land Uses), the following regulations shall be applicable in the specific commercial zones: A. General Commercial Regulations. 1. Development Standards. a. Minimum Parcel Size and Frontage. Notwithstanding the provisions of Section 18.12.030 (Commercial Development Standards), the following shall apply: (1) For any parcel whose area, as shown on a parcel or final subdivision map approved before the effective date of this ordinance that is less than the minimum parcel area required for the zone in which the parcel is located, but is not less than 3,000 square feet, the required parcel area shall be the area shown for the parcel on the approved parcel or subdivision map. (2) For any parcel whose frontage, as shown on a parcel or final subdivision map approved before the effective date of this ordinance that is less than the minimum parcel frontage required for the zone in which the site is located, but is not less than 45 feet, the required frontage shall be the frontage shown for the parcel on the approved parcel or subdivision map. Table 2-10 Commercial Zone Setback Encroachments

| Improvement | Setback Area | | Maximum Allowed | | |---|---|---|---|---| | Encroachment | | Attached signs 8 feet or more above surface grade | Front, Side Corner | 5 feet into setback | | Bay windows, on a foundation or cantilevered, chimneys, or wells for basement windows or stairs, occupying in the aggregate not more than 20% of the length of the side of the building on which they are located | Front, Side Corner, Side, Rear | 2 feet provided a minimum remaining 3- foot setback | | Movable tables, chairs, umbrellas, outdoor heaters, and retail displays | Front, Side Corner | Allowed in setback area | | Movable partitions or planters to define an outdoor seating area subject to architectural review | Front, Side Corner | Allowed in setback area | | Sills, eaves, cornices, canopies, and other similar architectural features 8 feet or more above surface grade | Front, Side Corner | 5 feet into setback | | Utility structures | Front, Side Corner, Side, Rear | Allowed in setback area |

2. Transition Standards. a. Maximum Height Adjacent to Residential. Building Height Limits Abutting Residential Zoning Districts, 45-degree Daylight Plane height transitions are required for any new development adjacent to single family and duplex residential zoning districts, measured from the property line. Rear property line daylight planes extend 40 feet from the rear property line; side property line daylight planes start at 15 feet above grade and extend the full height of the building. See Figures 2-1 and 2-2. b. Maximum Height Across the Street from Residential. The following applies to portions of a development directly opposite a residentially zoned property where the street is less than 65 feet wide. (1) Wall plates and heights shall be no taller than one story above the maximum height allowed in the opposing residential zone. (2) Uses shall be located entirely within structures occupied by the primary use. Building heights shall step up away from the street following a 45-degree Daylight Plane measured from the top of the building facade/wall plate. 3. Hotel and Motel Uses. Hotel and motel uses are allowed in all commercial zones north of the Caltrain Corridor, at a maximum FAR of 2.0, provided that the property is annexed to a Community Facilities Assessment District, or similar district, and that the use is compatible with planned uses on neighboring properties. 4. Vehicle Parking. Vehicle parking shall not be allowed in any front setback. 5. Live Entertainment, Standalone Use. Live Entertainment that meets the following separation and operation requirements requires the approval of a Minor Use Permit by the Review Authority. All other Live Entertainment venues that do not meet the following separation and operation requirements and/or are located outdoors shall require the approval of a Conditional Use Permit by the Commission. a. Shall be located a minimum of 150 feet from all residential. b. Shall be conducted within an enclosed structure. c. Shall be restricted to hours of operations between 11:00 AM to 12:00 AM (Midnight). 6. Wireless Telecommunication Facilities. For height exceptions for Wireless Telecommunications Facilities see Chapter 18.66. 7. Multi-Family Residential Development in Commercial Zones. Multi-family residential construction may be authorized in commercial zones for developments meeting the following requirements: a. Senate Bill 6 (2022) (SB 6): Multifamily developments meeting the requirements of Government Code Section 65852.24, as may be amended, are permitted in the commercial zones, subject to the following. (1) The project complies with prevailing wage labor requirements pursuant to Government Code § 65852.24. (2) Project sites shall be 20 acres or less in size. (3) The project site shall not be located on or adjacent to a site where more than 1/3 of the square footage on the site is dedicated to a classified industrial use per the City Code. (4) Applicable multi-family residential developments shall consist of only housing/residential or may be comprise of a mixed-use project where at least 50 percent of the floor area is dedicated to residential uses. (5) The density of the multi-family residential project shall be at least 30 dwelling units per acre. b. Assembly Bill 2011 (2022) (AB 2011): Multifamily developments meeting the requirements of Government Code Section 65912.100 et seq., as may be amended, are permitted in the commercial zones, subject to the following. (1) Proposed projects shall comprise five or more units for sale and/or rent. (2) At least 75 percent of the project site shall adjoin parcels developed with urban uses as defined in AB 2011. (3) The project site shall not be located on or adjacent to a site where more than 1/3 of the square footage on the site is dedicated to a classified industrial use per the City Code. (4) Applicable vacant sites shall not contain tribal cultural resources and shall not be located within a designated very-high fire hazard severity zone. (5) Development per AB 2011 is prohibited on sites governed by mobile home/recreational vehicle laws or by the Special Occupancy Parks Act. (6) For project sites located within a neighborhood plan, specific plan, area plan, urban village, precise plan, or master plan adopted by January 1, 2024, the designated plan shall allow multi-family residential development. (7) Projects shall not be located within 500 feet of a designated freeway or highway. (8) Projects shall not be located within 3,200 feet of an active oil or gas refinery. (9) All other site/development requirements as prescribed by AB 2011 are required prior to project approval. (10) The density of the multi-family residential project shall be at least 30 dwelling units per acre. (11) The Project shall meet all development standards of the residential zone corresponding to the residential density of the Project. If more than one residential zoning designation allows for housing with the Project density, the applicable development standards shall be the standards that apply to the closest parcel that allows residential use at the Project density. -This page intentionally left blank-