Other Applicable Regulations
Santa Clara City Code § 18.10.040
in effectIn addition to the standards specified in Article 3 (Site Planning and General Development Standards) and Article 4 (Standards for Specific Land Uses), the following other regulations shall be applicable in the specified residential zones:
A. General Residential Regulations.
1. Development Standards.
a. Minimum Parcel Size and Frontage. Notwithstanding the provisions of Section 18.10.030 (Residential Development Standards), the following shall apply:
(1) The required area of any parcel, 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, shall be the area shown for the parcel on the approved parcel or subdivision map.
(2) The required frontage of any parcel, 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 parcel is located, but is not less than 45 feet, shall be the frontage shown for the parcel on the approved parcel or subdivision map.
b. Setback Areas Shall be Kept Open. Except as provided in Subsection a above, or as otherwise expressly and specifically provided in this Zoning Code, every part of every setback area in a residential zone shall be kept open, unobstructed, and unoccupied on the surface of the ground, above the surface of the ground, and below the surface of the ground by all structures except those allowable encroachments identified in Table 2-6 (Residential Zone Setback Encroachments).
2. Common Living Area Requirements. For dwelling units, the minimum percentage of a dwelling devoted to common living area is twenty-five percent (25%).
Table 2-6 Residential Zone Setback Encroachments
3. Driveway Approach. Minimum driveway apron length applies only to driveways providing access from a public street to a garage that serves a single dwelling unit or a two-dwelling unit.
4. Citywide Annual Cleanup Curbside Storage Exception. The storing of household items typically used in the interior of a dwelling, including but not limited to ping pong tables, refrigerators, washing machines, sinks, stoves, heaters, boilers, tanks, mattresses, swimming pools, tables, sofas, couches or futons, upholstered chairs, and indoor carpets, but excluding furniture expressly designed for outdoor use, is prohibited. During the City’s Citywide cleanup campaign, this prohibition does not apply during the applicable clean-up period for the subject parcel.
5. Exceptions and Reductions of Parking Requirements. For parking reduction standards in residential zones see Section 18.38.040 (Exceptions and Reductions to Parking Requirements).
6. Parking. Except as expressly allowed in this Chapter, required parking shall not be provided in the required front or side corner setbacks.
7. Parking Surface. Parking areas in the front setback shall be limited to a continuously paved or all-weather surfaces (i.e., concrete, asphalt, brick, pavers, stone, or gravel), which are directly accessible from the driveway approach. All-weather surfaces do not include landscaping ground cover materials, such as, mulch, wood chips, or bark.
8. Pavement Limitation. In the R1-6L, R1-8L, and R2 zones, not more than 65 percent of the required front setback of any parcel be paved with asphalt, cement, pavers, brick, gravel, crushed granite, or any other all-weather surface.
9. Parking and Storage of Commercial Vehicles. The parking or storage of any commercial vehicle is prohibited on any parcel in a residential zone, except while loading, unloading, or providing a commercial service to a resident of that parcel.
10. Wireless Telecommunication Facilities. For height exceptions for Wireless Telecommunications Facilities see Chapter 18.66.
11. Accessory Structures in Single-Family and Duplexes. Accessory structures shall maintain setbacks in accordance with Chapter 18.32 (Residential Accessory Structures).
B. Specific Residential Regulations.
1. R1-8L Parcels. Parcels shall have two side yards, one having a width of not less than six feet on one side and nine feet on the opposite side. Notwithstanding the above, the side setback on the street side of each corner parcel, exclusive of the front setback, shall not be less than 15 feet in width. A minimum 35 percent of the street side setback shall be permanently maintained as landscaped area.
2. Accessory Structures.
a. Second Story. Second stories are only allowed on accessory structures if the maximum height of the second story wall is four feet in height or less for the second-floor plate. This would equate to a one and one-half story accessory structure.
b. Design Consistency. Exterior materials and cladding do not need to be consistent with the primary structure.
c. Attached Accessory Structure Setbacks. Attached accessory structures are subject to the same setbacks as the primary structure.
3. Primary Structures.
a. Basement Wall Height. The basement wall height shall not exceed four feet in height above the finished grade.
b. Reconstruction Standards. In the event of a fire or other natural disaster (i.e., flood, earthquake, etc.) the home is allowed to be constructed to the previous structure footprint and setbacks, as a nonconforming structure (See Article 5 (Nonconformities)). Any changes to the structure footprint and setbacks shall require that the structure comply with current zoning development standards and regulations.
4. Porches and Stairs.
a. Unenclosed porches, whether covered or uncovered, which have a finished floor no more than 56 inches above surface grade shall not encroach more than six feet into the front setback.
b. Uncovered and unenclosed steps or stairs providing access to a porch or structure entry with a finished floor no more than 56 inches above surface grade shall maintain a minimum setback of 10 feet for the R1-6L and R1-8L zones, and a minimum two-foot setback for R2, R3, and R4 zones.
5. Townhouses in R-2 and R-3 districts. Townhouses that have frontage on a public street are required to have their front door on the front elevation.
C. R6 Non-Residential Ground Floor Uses
Table 2-7 R6 Transit Neighborhood District Non-Residential Ground Floor Uses
R6 Non-Residential Uses
Permit Requirements
Table 2-7 R6 Transit Neighborhood District Non-Residential Ground Floor Uses
R6 Non-Residential Uses
Permit Requirements
Note 1: This use is also allowed on the second and third floors of mixed-use buildings.
D. Existing Buildings and Uses.
1. Notwithstanding any other provision in this chapter, the lawful use of buildings existing prior to the adoption of this chapter may continue, and shall continue to be governed by the standards of the prior zoning (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty), until such time as (1) the existing building in its entirety is demolished voluntarily (unless for the purposes of implementing maintenance, repair, replacement, expansion or restoration in the event of casualty), and/or (2) the existing use (including any expansions) has been discontinued in its entirety or is replaced with a use not permitted in the prior zoning regulations but permitted or conditionally permitted by this chapter, at which time the prior zoning shall become inapplicable and the other sections of this chapter shall apply from that point forward.
2. Allowed Uses. For parcels with legal uses of buildings existing prior to the adoption of this chapter, permitted uses of the prior zoning district are allowed, and none of the other sections of this chapter shall apply to such building and use, until such time as the existing use (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a) of this section.
3. Conditional Uses. For parcels with legal uses of buildings existing prior to the adoption of this chapter, conditional uses of the prior zoning district are conditionally permitted, and none of the other sections of this chapter shall apply, until such time as the existing use (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a) of this section.
4. Development Standards. For parcels with legal uses of buildings existing prior to the adoption of this chapter, development standards of the prior zoning district shall apply, and none of the other sections of this chapter shall apply, until such time as the existing use (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a) of this section.
E. Transition Standards.
1. 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.
Figure 2-1 Rear Property Line Daylight Plane
Figure 2-2 Side Property Line Daylight Plane
| Improvement | Setback Area | Maximum Allowed Encroachment | ||||
|---|---|---|---|---|---|---|
| Bay windows, on a foundation or cantilevered, chimneys, or wells for basement windows or stairs, of up to 10 feet in length each, not occupying in the aggregate more than 20% of the length of the side of the structure on which they are located | Front, Side Corner, Side, Rear | 2 feet provided a minimum remaining 3-foot setback | ||||
| Patio cover for unenclosed patio no more than 12 feet in height attached to a dwelling other than a secondary dwelling | Rear | In the R1 district, may encroach a distance of up to of 50% of required setback depth, provided encroachment covers no more than 40% of the required setback and maintains a minimum 5-foot setback from the interior side parcel line | ||||
| Sills, eaves, cornices, canopies, and other similar architectural features eight feet or more above surface grade | Front, Side Corner | 4 feet | ||||
| Side | 2 feet provided a minimum remaining 3-foot setback | |||||
| Rear | 4 feet provided a minimum remaining 3-foot setback | |||||
| Uncovered and unenclosed steps or stairs providing access to a porch or structure entry with a finished floor no more than 56 inches above surface grade | Front | Any encroachment allowed, provided a minimum remaining setback of 10 feet in R1-6L, R1-8L; and 2 feet in R2, R3, and R4 | ||||
| Unenclosed porches, whether covered or uncovered, which have a finished floor no more than 56 inches above surface grade | Front | 6 feet into setback | ||||
| Utility structures | Front, Side Corner, Side, Rear | Allowed in setback area |
| P | Allowed by Right | ||||
|---|---|---|---|---|---|
| MUP | Minor Use Permit (Chapter 18.114) | ||||
| CUP | Conditional Use Permit (Chapter 18.114) | ||||
| TUP | Temporary Use Permit (Chapter 18.122) | ||||
| - | Not allowed | ||||
| Land Use (see Article 8 for land use definitions). | R6 | Additional Regulations | |||
| Human Services Uses | |||||
| Child Day Care Facilities | P | Section 18.60.070, Note 1 | |||
| Child Day Care Homes, Up to 14 Children | P | Note 1 | |||
| Recreation, Education, and Public Assembly Uses | |||||
| Commercial Recreation Facilities, Indoor | P | ||||
| Commercial Recreation Facilities, Outdoor | P | ||||
| Fitness Facilities | P | ||||
| Libraries | P | ||||
| Museums | P | ||||
| Parks and Public Plazas | P | ||||
| Places of Assembly | P | ||||
| Pre-schools, Nursery Schools | P | Note 1 | |||
| Public Schools | P | ||||
| Private Schools | CUP | ||||
| Public/Private Colleges and Universities | P | ||||
| Theaters and Auditoriums | P | ||||
| Vocational/Trade Schools | P | ||||
| Utility, Transportation, and Communication Uses | |||||
| Parking Structures | CUP | ||||
| Diesel Back-up Generators | P | Section 18.60.260 | |||
| Photovoltaic Systems | P | ||||
| Retail, Service, and Office Uses | |||||
| Alcoholic Beverage Sales and Service | P | Section 18.60.040 | |||
| Ambulance Services | CUP | ||||
| Animal Sales and Grooming Facilities | P | ||||
| Banks and Financial Establishments, General | P | ||||
| Banks and Financial Establishments, Stand-alone ATM | P | ||||
| Bars | CUP | ||||
| Business Support Centers | P |
| P | Allowed by Right | ||||
|---|---|---|---|---|---|
| MUP | Minor Use Permit (Chapter 18.114) | ||||
| CUP | Conditional Use Permit (Chapter 18.114) | ||||
| TUP | Temporary Use Permit (Chapter 18.122) | ||||
| - | Not allowed | ||||
| Land Use (see Article 8 for land use definitions). | R6 | Additional Regulations | |||
| Catering Companies | P | ||||
| Co-working space | P | Note 1 | |||
| Equipment Sales and Rentals | P | ||||
| Garden Centers/Plant Nurseries | P | ||||
| Hotels and Motels | CUP | ||||
| Kennels | CUP | ||||
| Live Entertainment, Incidental | P | ||||
| Live Entertainment, Standalone Uses | CUP | Section 18.12.040(A)(5) | |||
| Maintenance and Repair Services | P | ||||
| Medical Services, General | P | ||||
| Mobile Food Vendors | P/MUP | 18.60.280 | |||
| Nightclubs | CUP | ||||
| Offices | P | Note 1 | |||
| Outdoor Displays and Sales | CUP | Section 18.60.150 | |||
| Outdoor Dining and Seating | P | Section 18.60.140 | |||
| Outdoor Walk-up Facility | P | Appurtenant to a retail use | |||
| Personal Services | P | ||||
| Personal Services, Restricted | MUP | Section 18.60.170 | |||
| Restaurants | P | ||||
| Retail Establishments General, Small Format General, Medium Format General, Large Format | |||||
| P | |||||
| MUP | |||||
| CUP | |||||
| Smoke Shops | CUP | ||||
| Smoking Lounges | MUP | Chapter 8.37 | |||
| Veterinary Facilities | MUP | ||||
| Neighborhood Light Industrial Uses | |||||
| Printing and Publishing Facilities | P | ||||
| Wineries, Distilleries, Breweries, and Micro-Breweries | P | ||||
| Garment manufacturing | P | ||||
| Artists’ Studios | P |
Source: City of Santa Clara Zoning Code (santaclaraca.gov PDF)URL: https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/zoningFetched: 10/24/2026