§ 19.07.030. Development standards.

Table 19.07-B prescribes the development standards for the commercial and transit-oriented mixed use districts. The "Supplemental Regulations" column indicates more detailed explanations or regulations that follow the table (in paragraphs indicated by letter designation) or that are located elsewhere in this Zoning Ordinance. Exceptions to development standards in this section may be granted with a conditional use permit unless otherwise stated.

TABLE 19.07-B

DEVELOPMENT STANDARDS—COMMERCIAL AND MIXED USE DISTRICTS

	CN	CC	TOM	Supplemental Regulations
Lot Size and Density
Minimum Lot Size (sq. ft.)	5,000 2,000 for commercial	5,000	5,000
Maximum Floor Area Ratio for non-residential uses	1.0	2.0 3.0 with incentives	2.0 3.0 with incentives	See Chapter 19.23, Incentives Program
Minimum Residential Density	N/A	N/A	35 units per acre within 300 feet of the BART stations.
Maximum Residential Density — lot area per unit (sq. ft.) (may be in addition to non-residential FAR)				(A)
Base Density	20 units per acre	35 units per acre	35 units per acre
Density for Mixed Use Development	—	—	35 units per acre
Density with Incentives	25 units per acre	45 units per acre	45 units per acre; up to 70 du/ac for housing for elderly and disabled persons if services are provided.	See Chapter 19.23, Incentives Program
Density with State Affordable Housing Bonuses	27 units per acre	48 units per acre	48 units per acre; up to 70 du/ac for housing for elderly and disabled persons if services are provided.	See Chapter 19.22, Affordable Housing Bonus
Building Form and Location
Maximum Building Height (ft.)	35	35, up to 50 with CUP	50, up to 65 with CUP in Del Norte & Plaza areas 35, up to 45 with CUP in Midtown node	(B)
Minimum Building Height	—	—	2 stories, exceptions may be granted with a CUP
Building Setback on Street Frontages	0 - 10 feet	0 - 10 feet, more with a CUP	0 - 10 feet	(C)
Minimum Yard Requirements (ft.)
Interior Side	None unless adjacent to a residential district			(D)
Rear	None unless adjacent to a residential district			(D)
Building Transition Zone Adjacent to R Districts	Required			(D)
Landscaping and Open Space
Public Open Space	Required			(E)
Minimum Lot Area to be landscaped.	—	5%	—
Circulation and Parking
Limitations — Location of Parking	Yes			(F)
Limitations on Curb Cuts	Yes			(G)
Limitations — Location of Truck Docks; Loading and Service Areas	Yes			(H)
Off-Street Parking and Loading	Yes			See Chapter 19.24, Off-Street Parking and Loading
Reduced Parking Requirements	In the TOM district, required parking is reduced by 25% within ¼ mile of a BART station.			See Chapter 19.24 for other possible reductions such as for shared parking. See Section 19.24.040.D for exception for small commercial uses.
Building Design
Building Design Features & Articulation	(I)
Blank Walls	(J)
Building Orientation	(K)
Ground Floor Requirements	(L)
Building Transparency (% of linear street frontage with openings into occupied space)	60			(M)
Special Requirements for Residential Development
Private Open Space (sq. ft. per unit)	100			(N)
Side and Rear Yard Setbacks	Standard to allow light and air to living rooms			(O)
Privacy and Parking Locations for Ground Floor Units	Yes			(P)
Street Trees	Required			(Q)
Other Standards
Consistency with Council Adopted Design Guidelines, Area Plans or Specific Plans	(R)
Pedestrian Access to Buildings Setback from the Street	(S)
Fencing	(T)
Projections in to Required Yards, and Above the Height Limits	(U)
Landscaping and Buffer Yards	See Chapter 19.25, Landscaping and Buffer Yards
Signs	See Chapter 19.26, Sign Regulations
General Site Standards	See Chapter 19.21, General Site Regulations

 

A.

Maximum Residential Density.

1.

Calculation of Residential Density and FARs for Mixed Use Projects. Permitted residential densities for mixed-use projects shall be in addition to floor area ratios permitted for commercial uses in Table 19.07-B above, within the limits of all required yard, height and other developments standards.

2.

Density Bonuses. If a Conditional Use Permit is approved under the Incentive Program, an increased density of up to 45 units per acre may be granted by the Planning Commission. If a Conditional Use Permit is approved under the State Affordable Housing Density program, an increased density of up to 48 units per acre may be granted by the Planning Commission (or up to 70 units per acre for housing for elderly and disabled persons if services are provided).

B.

Building Height. Additional height may be allowed at specific nodes or other locations designated in the General Plan, design guidelines or specific plans adopted by the City Council. If not otherwise designated in the General Plan, design guidelines or specific plans, additional height may be allowed in the CC and TOM districts with the approval of a Conditional Use Permit. Additional findings for approval of a use permit for additional height in these districts are as follows:

1.

The building(s) provide an appropriate transition in scale to structures in adjacent residential districts.

2.

The building(s) attempt to minimize shadows or the "canyon effect" on public sidewalks and open spaces through stepbacks at upper levels or other design elements.

C.

Building Setback on Street Frontages. Buildings in the commercial districts shall be located between zero and 10 feet from property lines facing a street, for at least 80 percent of the linear street frontage of the property in the CN and TOM districts and for at least 70 percent of the linear street frontage of the property in the CC district. See Figure 19.07-A.

1.

CN and TOM Districts. Up to 25% of the area between the property line and the building in the CN and TOM districts may be landscaped, subject to the following standards; all other setback areas shall be paved for public use, and a public access easement for that area shall be granted. All landscaping shall be integrated into the building; the use of planter boxes at windows is encouraged.

2.

CC District. In the CC district, the area between the property line and the building may be landscaped.

D.

Minimum Yard Requirements—Building Transition Zone Adjacent to Residential Districts.

1.

For any portion of a structure adjacent to a residential district boundary (adjoining, opposite or across the street from a district boundary, including structures across from, but separated by, the Ohlone Greenway), the minimum required setbacks of the residential district shall apply.

2.

To protect privacy and minimize sunlight blockage, structures shall not intercept a 45-degree daylight plane inclined inward starting from a height of 35 feet above existing grade at the setback line. See Figure 19.07-B.

3.

Exceptions to the above requirements are permitted for a one-story parking or garage structure that does not exceed 10 feet in height in a side or rear yard that does not front on a street.

E.

Public Open Space. For buildings over 25,000 square feet, outdoor open space which is accessible to the public during daytime hours shall be provided at a ratio of 25 square feet per 1,000 square feet of building. Open space(s) shall be visible from a public street and shall be located within 40 feet of the street-facing property line. Exceptions may be granted with a conditional use permit.

F.

Limitations on Location of Parking.

1.

Commercial and mixed-use buildings shall be placed as close to the street as possible in accordance with Section 19.07.030.C (previous), with parking located either underground, behind habitable space, or on the interior side or rear of the site. See Figure 19.07-C.

2.

Above ground parking associated with a commercial or mixed-use project may not be located within 40 feet of a street facing property line — driveways excepted. Exceptions may be granted with the approval of a Conditional Use.

3.

Permit, for projects that do not meet this standard, including projects with parking on upper levels. Additional findings for approval of a Conditional Use Permit for exceptions to this regulation are as follows:

a.

The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible; and any parking within 40 feet of the street facing property line is well screened with a wall, hedge, trellis, and/or landscaping.

b.

The site is small and constrained such that underground parking or surface parking located more than 40 feet from street frontages is not feasible; or the proposed use is a large-size commercial use where some surface parking is required and is not in the TOM district near the BART stations.

4.

Freestanding, single-purpose parking structures shall be allowed with a Conditional Use Permit and shall be subject to design review.

5.

See Chapter 19.24, Off-Street Parking and Loading for additional parking facility requirements.

G.

Limitations on Curb Cuts.

1.

Curb cuts are limited to a maximum of 25 feet of linear frontage per property, which may be achieved through a combination of one or two separate curb cuts. Additional area for curb cuts may be allowed with an Administrative Use Permit for properties over 25,000 square feet where it can be demonstrated that additional cuts are necessary to protect pedestrian safety or accommodate total vehicular traffic. See Figure 19.07-C.

2.

Curb cuts shall be located in the location least likely to impede pedestrian circulation.

3.

Shared curb cuts among abutting properties are encouraged whenever possible, to minimize curb cuts.

H.

Limitations on Location of Truck Docks; Loading and Service Areas. Truck docks, loading and service areas shall not be located within 50 feet of any residential district boundary or within 40 feet of a street-facing property line. These facilities shall be located at the interior side of buildings or on the rear of the site and be screened so as not to be visible from public streets. Exceptions may be granted with approval of a Conditional Use Permit if an alternative location for the truck dock, loading and/or service area better protects the pedestrian environment of the commercial district, better shields adjoining residential neighborhoods from noise and visual impacts, or the lot is sized or shaped preventing these regulations from being met.

I.

Building Design Features. The Planning Commission or Design Review Board in accordance with Chapter 19.38 shall make a finding that the commercial or mixed-use structure provides adequate design features to create architectural interest and avoid a large-scale, bulky and "box-like" appearance. Different ways that this finding may be met include but are not limited to those listed and illustrated below. See Figures 19.07-D and 19.07-H. The drawings and photos are intended to illustrate the concept, and do not represent an ideal design that applicants should attempt to replicate.

1.

Variety in Wall Plane. The planes of the exterior walls vary in depth and/or direction. Instead of having a continuous flat wall, the wall has either offsets with significant depth, or a repeated pattern of offsets of smaller depth. See Figure 19.07-D .

2.

Variety in Roof Forms. The roof forms or roof heights vary over different portions of the building. See Figure 19.07-E.

3.

Variety of Height for Different Massing Elements. The height of the building varies so that it appears to be divided into distinct massing elements. See Figure 19.07-F .

4.

Modules Articulated by Change in Plane, Color, or Materials. The different modules of a building's facade are articulated by use of a change in plane, color, arrangement of facade elements, or a change in materials. See Figure 19.07-G.

5.

Facade Design Incorporates Architectural Detail. A flat building facade incorporates details such as window trim, window recesses, cornices, changes in material, color or other design elements in an integrated composition. Some of the architectural features of the main facade are incorporated into the rear and side elevations. See Figures 19.07-H and 19.07-I.

6.

Use of Balconies, Bay Windows, and other such Projections or Recesses. The building incorporates balconies, bay windows, entry porches or other projections and recesses in a pattern that creates architectural interest across the length of the facade. This is most typically found on buildings that include residential uses.

J.

Blank Walls. No unadorned blank walls shall be permitted on the storefront side. Other building walls over 24 feet in height or 50 feet in length shall include an offset, recess, or projection at least one foot in depth, providing shadows or visual interest for at least 25 percent of the frontage. See Figure 19.07-J.

K.

Building Orientation.

1.

All buildings located along a public street shall be oriented toward, and have their primary entrances toward, the public street.

2.

On properties that border the Ohlone Greenway, buildings shall also have windows facing onto the greenway.

3.

All buildings and dwelling units located in the interior of a site shall have entrances from sidewalks that are designed as an extension of the public sidewalk and connect to a public sidewalk.

L.

Ground Floor Requirements. The following standards apply with respect to ground floor construction. Exceptions may be granted with approval of a Conditional Use Permit.

1.

Building materials used on the ground floor shall be high quality durable materials. The portions of the building two feet above grade that front the public sidewalk shall be constructed of concrete, stone, tile, masonry or other equivalent quality material, rather than wood or stucco. Exceptions may be granted by the Planning Commission or Design Review Board in accordance with Chapter 19.38.

2.

There shall be a same or greater level of detail and articulation of the ground floor than the upper floors of a building. See Figure 19.07-K.

M.

Building Transparency. A minimum of 60 percent of a building's frontage shall provide views into the building's interior through windows, window displays, or doors with a zone of transparency of between two and six feet above grade. See Figure 19.07-K.

N.

Open Space Requirements for Residential Uses. A minimum of 100 square feet of open space is required per residential unit and may be provided as common or private open space.

O.

Required Side and Rear Yards for Residential Uses in the Community Commercial (CC) Zones. In order to provide light and air for residential units, the following minimum setbacks apply for any side or rear yard not fronting a street. When the site is adjacent to a residential district, the standards of subsection (D) also apply, and the project must comply with whichever standard is stricter. Required depths of setbacks shall be as follows:

1.

Five feet for any wall with windows.

2.

10 feet for any wall with bedroom or kitchen windows.

3.

15 feet for any wall with living room or other primary windows.

4.

The building shall be set back one foot for every two feet of height above 35 feet. See Figure 19.07-L.

The length of the required setbacks must be at least the width of the window plus three feet on either side, and never less than 10 feet:

P.

Privacy and Parking Location for Ground-Floor Residential Uses. In order to provide privacy for any permitted ground-floor residential units, the ground floor may be elevated up to four feet above the sidewalk level subject to the following:

1.

Along Secondary Streets. Structured parking that is no more than four feet above the grade of the public sidewalk and does not have ventilation openings fronting the sidewalk is permitted as-of-right for residential uses on secondary streets.

2.

Other Locations. Structured parking that is no more than four feet above the grade of the public sidewalk and which is located facing San Pablo Avenue, in the CN district, or which includes natural ventilation openings facing the street shall require approval of a Conditional Use Permit.

3.

Over Four Feet Above Grade. Structured parking more than four feet above the grade of the public sidewalk in any location shall require approval of a Conditional Use Permit. See Figure 19.07-M.

Q.

Street Trees for Residential Uses. Where residential uses face the street, street trees shall be planted along all street frontages in the one of the following manners:

1.

One row of trees directly abutting the street frontage with spacing to be determined by the Public Works Department.

2.

A double row of trees (depending on staggering and tree species as per the Public Works Department) along the street frontage.

R.

Consistency with Design Guidelines, General Plan, Specific Plans, or Area Plans Adopted by the City Council. All projects shall be consistent with any design guidelines, specific plans, area plans, or other similar documents that give specific guidance for development on private property and public improvements.

S.

Pedestrian Access to Buildings Set Back from the Street. If a Conditional Use Permit is approved for buildings set back farther than the minimum 10-foot setback requirement, the following standards for public access shall apply:

1.

To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining neighborhood residential and commercial areas. These connections shall remain accessible at all times, and not be gated.

2.

To Street Network. Pedestrian access from the public right-of-way to the primary uses on the site shall occur as often as necessary to connect the on-site walkways and the public sidewalk. Landscape strips shall be crossed for pedestrian access at regular intervals. When pedestrian access to a site is in the same location as automobile entries (i.e., at driveways), the auto and pedestrian paths shall be separated from each other by physical barrier (i.e., curb or bollards) with proper cuts and ramps to allow for ADA compliant disabled access. The pedestrian access shall be integrated with the parking lot landscaping so as to provide a shaded walkway.

3.

To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances with public sidewalk and pedestrian walkways. Sidewalk "bulb-outs" or bus "pull-outs" may be required at potential bus stops.

4.

Pedestrian Walkway Design.

a.

Primary pedestrian routes and access points shall be specially treated and include trees at regular intervals, adequate lighting, and paving that distinguishes pedestrian from automobile areas. A minimum five-foot wide clear walkway is required to ensure pedestrian safety.

b.

All dedicated pedestrian routes, including those through parking areas, shall be separated from automobile routes by a curb.

T.

Fencing. Chain link fences visible from public view are not allowed. If fencing visible from public view is used for commercial uses, open work such as wrought iron and metal (tube) fences with design features are preferred, although masonry, stucco and plaster are permitted. Wood fences are not permitted. Commercial parcels abutting residential parcels shall use six (6) foot high masonry, stucco or plaster fences.

U.

Projections.

1.

Projections into Required Yards. Projections into required yards are permitted subject to the following standards:

a.

Architectural Features. Architectural features, such as bay windows not exceeding 10 feet in length, cornices, eaves, canopies, and chimneys may not extend closer than three feet to any side lot line, nor more than four feet into any required front or rear setback.

b.

Stairs, Decks, and Balconies. Open uncovered stair landings, decks and balconies 12 feet or less in length may not extend closer than three feet to any side lot line, nor more than four feet into any required front or rear setback.

2.

Allowed Projections above Height Limits. Projections, including elevator and stair towers, chimneys, silos, cupolas, flagpoles, monuments, water tanks, church steeples, roof furniture and roof equipment, building-mounted wireless telecommunications, and similar structures and necessary appurtenances, are permitted subject to the following standards:

a.

Projections are allowed up to 10 feet above the height of the roof, or they may be attached to existing projections if they do not increase the height of such projection.

b.

The total area of all projections may not cover more than 10 percent of the top floor roof area.

c.

Exceptions may be granted with a Conditional Use Permit.

d.

All roof mounted mechanical equipment shall be screened from public view.

(Ord. 2008-2 Div. II (part), 2008.)

(Ord. No. 2009-03, § VIII, 4-20-2009)