§ 6.3 — Standards

A. Maximum Building Heights without Bonuses. All buildings that do not qualify for bonuses (see Standard 6.3.B) are subject to the maximum building heights identified in Figure 6-1. See Standard 6.3.C for measurement of building height. B. Maximum Building Heights with Bonuses. The City may create a bonus height program to grant additional height allowance in exchange for the provision of Community Benefits, per direction in the Precise Plan. Community Benefits may include, but are not limited to, those identified in Table 6-1. Figure 6-2 establishes the maximum building heights which may be allowed under any such program. Bonuses shall be calculated on a project-by-project basis and at the scale of individual buildings. The net financial value added to the project via the bonus height shall be determined in proportion to the fair market value of the Community Benefit offered to the City. This proportion shall be determined by the bonus height program. These bonuses may be combined with any bonuses gained through any State law provisions that may be in effect for affordable housing. The resulting height of any building, including bonuses, shall not exceed those identified in Figure 6-2. Bonuses may be granted to Downtown projects for community benefits provided off-site but in the Downtown Zone. C. Measurement of Building Height. As shown in Figures 6-4 and 6-5, building height in feet is measured from the adjacent sidewalk level to the top of the parapet, cornice, eave, or ridge of pitched roof, whichever is taller. Height is regulated by the number of stories as well as the maximum number of FIGURE 6-1 | MAXIMUM BUILDING HEIGHTS WITHOUT BONUSES LEGEND1 — Figure 6-1 Park or Plaza 2 stories (up to 28') 3 stories (up to 40') 4 stories (up to 59') 5 stories (up to 72') 6 stories (up to 85') 7 stories (up to 98') Notes 1 Per Standard 6.3.C, height is regulated by the number of stories as well as the maximum number of feet; buildings shall not exceed either metric. Height in feet is typically generous relative to the number of stories to facilitate tall office floors, where they might occur. It is not expected that residential development would always take advantage of the full height in feet. Potential Maximum Bonus Heights2 Not Applicable until the Creation of a Bonus Height Program TABLE 6-1 | PROPOSED COMMUNITY BENEFITS FOR POTENTIAL HEIGHT BONUS PROGRAM Community Benefits Each cultural venue on Arts Commons (including but not limited to Santa Clara Theater, Cultural Arts Center, and Market Hall), if consistent with locations on Figure 2-8. Public parking garage that can support Cultural Arts Center and Theater. This may be provided in addition to providing required parking for other residential and office uses. Visual and performing art venues or movie theaters in location other than the Arts Commons. Conservation of resources listed on the Historic Resources Inventory, buildings in the Historic Combining District, or the post office. Public land dedication, with bonus amount based on extent to which dedication requirement exceeds District average. Enhanced contributions to public realm improvements above fair-share development impact fee, including infrastructure, paving, planting, furnishings, public art and interpretation elements. Enhanced contributions to district transit infrastructure and operations. Subsidized rent (offering rent at or below 60% of the current comparable market rate) for ground floor, non-formula retail and restaurant establishments for a minimum of 5 years (this rate and duration shall be included in a Deed Restriction). Providing a Future-Proof parking garage, meeting all the standards of Section 8.2.D.2. FIGURE 6-2 | POTENTIAL MAXIMUM BUILDING HEIGHTS WITH BONUSES LEGEND1 — Figure 6-2 Park or Plaza 2 stories (up to 28') 3 stories (up to 40') 4 stories (up to 59') 5 stories (up to 72') 6 stories (up to 85') 7 stories (up to 98') 9 stories (up to 124') Notes 1 Per Standard 6.3.C, height is regulated by the number of stories as well as the maximum number of feet; buildings shall not exceed either metric. Height in feet is typically generous relative to the number of stories to facilitate tall office floors, where they might occur. It is not expected that residential development would always take advantage of the full height in feet. 2 Bonus heights shall not become applicable unless and until the Council adopts a bonus height program. City staff anticipate presenting a bonus height program, including a fee component and accompanied by a nexus study, to the Council in 2024. feet; buildings shall not exceed either metric (per Precise Plan Policy 5.1.E). See Section 6.3.J for exceptions and elements which are allowed above the maximum building height. Building height in stories includes all floors (except for subterranean basements below the ground floor), subject to the following: 1. Mezzanines. A mezzanine—a partial floor contained within a tall building story—which constitutes less than 50% of the habitable area of the building story where it is located, does not count as an additional story. 2. Parking Liner. One habitable floor lining multiple structured parking levels—as may be common with tall ground floor retail spaces—only counts as one story. D. Height of Building Elements. All buildings are subject to the standards listed in Table 6-2 (see the following spread), regardless of whether the project has qualified for bonus heights or not. E. Primary Facade Height. The primary facade is the portion of the facade located within the Front Street Build-To Range along a street and/or open space (see Section 5.3). 1. For projects which are 4 stories or less, the entire length of the primary facade may be built up to the maximum allowed building height for the location (per Figures 6-1 and 6-2). 2. For projects which are taller than 4 stories (where permitted by Figures 6-1 and 6-2), a maximum of 50% of the primary facade length may be built above 4 stories within the Build-To Range. The remainder of the primary facade is limited to 4 stories within the Build-To Range. Any other floors above 4 stories shall be set back a minimum of 15 behind the lower primary facade. See Figure 6-3. F. First Floor Level. Except for retail-ready ground floors (Section 9.4.C) and accessible ground floors at sidewalk level, all residential ground floors shall be raised between 2 and 4 feet from sidewalk grade. G. Floor Heights. Floor heights shall meet the standards listed in Table 6-2. 1. Retail/Housing Flex. All ground floor residential is subject to the minimum heights listed in Table 6-2. However, ground floor residential throughout the Downtown Zone is encouraged to go well beyond those minimums and be 14’ feet tall, floor to ceiling, and designed so that future compliance with the Americans with Disabilities Act of 1990 (ADA) for commercial use is not precluded. See the Retail/Housing Flex frontage type in Section 9.4.C. FIGURE 6-3 APPLICABLE TO PROJECTS TALLER THAN 4 STORIES* *where permitted by Figures 6-1 and 6-2 A maximum of 50% of the primary facade length may be built above 4 stories within the Build-To Range (see Table 5-2 in Section 5: Building Placement). shall be set back a minimum of 15 behind the lower primary facade. FIGURE 6-4 GROUND FLOOR AT STREET LEVEL FIGURE 6-5 RAISED GROUND FLOOR KEY Property Line Build-to Line Private Frontage

| 15’ B A E1 E2 F D1 D2 C | | |---|---|

TABLE 6-2 | HEIGHT OF BUILDING ELEMENTS Standards Applicable to All Character Overlays

Facade and Building Height A | Primary Facade Height | See Standard 6.3.E and Figure 6-3 B | Maximum Building Height | See Figures 6-1 and 6-2 First Floor Level (measured from level of exterior sidewalk) 1 C | General Overlay | 0 to 4 feet 2 C | Shopfront and Retail-Ready Overlay | 0 feet Floor Heights (min) D | Ground Floor (Residential) 3 | D1 | 10 feet floor-to-ceiling; 11 feet floor-to-floor D2 D | Ground Floor (Non-residential) 3 | D1 | 14' feet floor-to-ceiling; 16' floor-to-floor D2 E | Upper floor (Residential) | E1 | 9 feet floor-to-ceiling; 10' floor-to-floor E2 E | Upper floor (Non-residential) | E1 | 9 feet floor-to-ceiling; 10' floor-to-floor E2 Building Base Height (min - may span multiple floors per §6.3.E) Base on Buildings of 3 Stories | Not required; F or less | 1-story base allowed 1 story base required; F | Base on Buildings of 4 Stories 16 feet minimum Base on Buildings of 5 Stories | 2-story base required; or more | 25 feet minimum

| 15’ B A E1 E2 F D1 D2 C | | |---|---|

Notes 1 First floor level standards are applicable to the first 30' behind the facade. 2 If the first floor level is elevated from the sidewalk, the appropriate frontage and architectural projection(s) must be chosen. See Chapters 9 and 10, respectively, for applicable standards. 3 Ground floors in the Shopfront and Retail-Ready Overlays are required to be Non-Residential. H. Building Base Height. The building base (shown below) shall be measured from the sidewalk grade to the (lower) cornice, string course, or horizontal plane break. In absence of any of these elements, the mid-point between the topmost point of the first-floor openings and the lowermost point of the second-floor openings shall serve as an upper reference point. The Building Base lines the public realm and visually supports the upper floors. The Building Base may span multiple floors, rather than simply the ground floor. Per Table 6-2, buildings of 5 stories or more must have bases which span at least 2 floors—or the visual equivalent of 2 floors. I. Upper Floor Setback Area. The upper floor setback area may be covered by an open structure—such as a trellis or upper floor loggia, shown to the right—with a front facade that is no more than 10% solid, excluding any parapet wall height. J. Elements Above the Maximum Building Height 1. For buildings of 3 stories or fewer: Pitched roofs may exceed the maximum building height by up to 8 feet. Buildings with pitched roofs exceeding the stated height limit, if fronting Benton St or Homestead Rd, shall be oriented with eaves (not gables) to the street. Pitched roofs should be symmetrical and sloped no less than 4:12, except that roofs for porches and other attached shed roofs which should be no less than 2:12. Gables facing the public realm should not exceed 30 feet in width. 2. Upper-floor terraces and rooftop decks are allowed, provided that they are not enclosed with walls or roofs. Upper floor terraces and rooftop decks may have umbrellas and shade structures, provided that their walls are no more than 10% solid, excluding any parapet wall height. Such elements shall not exceed the maximum building height by more than 10 feet. a. Publicly-accessible decks and terraces (such as those for restaurants) are encouraged to extend to the building edge to be visible from the street. 3. Enclosed roof access is allowed within structures that measure no more than 20 by 20 feet in plan. Such structures shall not exceed 12 feet in height above the floor and shall be set back from the primary facade by 15 feet minimum. 4. Certain decorative, uninhabitable architectural elements, such as roof signs (see Section 11.3.I), may exceed the height limit. Such elements which exceed the height limit by less than 5 feet shall be subject to Director approval. Elements which exceed the height limit by 5 feet or more shall be subject to the Planning Commission.

| BUILDING BASE | |---|

BUILDING BASE HEIGHT—The Building Base lines the public realm and visually supports the upper floors. OPEN STRUCTURES IN UPPER-FLOOR SETBACKS—The upper floor setback area may be covered a trellis (right) or upper floor loggia (left), outlined in yellow above. 5. Wireless facilities shall be designed into the building and/or mounted on the roof. Roof-mounted facilities shall not exceed 6 feet in height from the finished roof, shall be set back from the primary facade by 15 feet minimum, and shall not be visible from the public right-of-way or existing single family residences. 6. Solar panels may exceed the maximum building height if located on the top level of a parking structure. In such a case, they shall not exceed 60 percent of roof area, shall not exceed 20 feet above top garage floor level, and shall be set back 40 feet from the edge of the building to reduce visibility from below. K. Architecturally Significant Historical Sites. Per Precise Plan Policy 5.2C: "Where it will be adjacent to a historic building or within areas of historic sensitivity, new development should be designed to be compatible with historic resources, consistent with the Secretary of the Interior standards and City regulations, such as by using similar proportion, scale, facade modulation, and stepdowns. For new buildings on the same parcel as a historic building or within a buffer area defined by Figure 5-6: Historic Resources and Areas of Historic Sensitivity (2022), the height of new development should not distract from the historic building. Accordingly, height limits have been set in the western area of the Downtown Plan in response to adjacencies of sensitive buildings and historic resources." 1. See also Standards 1.2.C–E. Figures from Precise Plan Goal 5.2 Figure 5-6 HISTORIC RESOURCES AND AREAS OF HISTORIC SENSITIVITY (2022) Architecturally Significant & Historic Sites 100ft buffer around Historic Sites Historic Combining District (HT) Further study needed Figure 5-7 BUILDING HEIGHTS ADJACENT TO HISTORIC BUILDINGS AND AREAS OF HISTORIC SENSITIVITY Architecturally Significant & Historic Sites Historic Combining District (HT) Further study needed