Ordinance No. NS-1200.320

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF
THE COUNTY OF SANTA CLARA AMENDING APPENDIX I
OF THE COUNTY OF SANTA CLARA ORDINANCE CODE
TO IMPLEMENT NEW REGULATIONS RELATED TO
VIEWSHED PRESERVATION

SUMMARY

This ordinance adds additional standards, procedures and regulations to properties
rezoned pursuant to the viewshed protection study, to preserve and protect the scenic
quality ofthe hillsides that frame the Santa Clara Valley.
THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA
ORDAINS AS FOLLOWS:

SECTION 1: Section 3.20.040 of Chapter 3.20, Article 3 of Appendix I, Zoning,
ofthe County of Santa Clara Ordinance Code, is amended to read as follows:

§ 3.20.040 -di District(Santa Clara Valley Viewshed)
The -di combining district is intended to conserve the scenic attributes of those hillside

lands most immediately visible from the valley floor. It is intended to minimize the

visual impacts of structures and grading on the natural topography and landscape, using a
combination ofsupplemental development standards, design guidelines, design review,
and use of process incentives for smaller and less visible projects.
A.

Project Classifications: Development standards and procedures shall utilize a
tiered regulatory structure based primarily on building size, as follows:

Tier 1: Projects where gross floor area (see § 1.30.030) of primary dwelling
is 5,000 square feet or smaller, and cumulative gross floor area of primary
dwelling and detached accessory buildings and/or secondary dwellings
constructed after September 28,2006(ordinance effective date) does not
exceed 6,500 square feet. Additions to existing primary dwelling resulting in
total floor area of 5,000 square feet or smaller shall also be reviewed as Tier 1.
a. Administrative Review. Building projects classified as Tier 1 shall
normally be reviewed without a public hearing. Such projects shall be

subject to a discretionary design review exemption (see § 5.50.060), which

Attachmewt I

shall focus on the project’s compliance with color standards, and any other
Tier 1-applicable standards of this section,
b. Color; Light Reflectivity Value(LRV). The provisions ofsubsection B
shall apply to Tier 1 projects.
c.

Grading. Except where subsection G,Exemptionfor Sites Not Visible,
applies, Tier 1 projects requiring a grading permit shall not be eligible for
a discretionary exemption when:

i. Earthwork quantities exceed 1,500 cubic yards(excepting excavation
quantities for foundations, basements and pools), or
ii. Retaining walls where elevations exceeding five(5) vertical feet
extend more than 80 horizontal feet,

d. Other Circumstances Requiring a Hearing. When an exception is

proposed to deviate from the massing or retaining wall standards of
subsections C or D,the standard design review procedure shall be
required.

1,30.030)
of
the
primary
square feet. Additional

dwelling
is between
V2.]jTier
2: Projects
where5,001grosssquare
floorfeetareaand(see12,500
§
buildings(secondary dwellings, accessory buildings, others) shall be subject
\

to the standard design review procedures and exemptions of Chapter 5.50.
a. Design Review Required. Building projects classified under Tier 2 shall
be subject to the design review procedure, per Chapter 5.50, and are not
eligible for a discretionary exemption except when subsection G,
Exemptionfor Sites Not Visible, applies,

b. Siting. A Tier 2 category building should, to the extent possible and
practical, be sited where natural topography, or a combination of
topography and existing vegetation, provide at least a fundamental and
sufficient measure of visibility mitigation.
c.

Story Poles. Story poles shall be required of all new buildings subject to
Tier 2 design review. Story poles shall be fully erected, per the County’s
story poles standards, at least seven(7)days prior to the scheduled
hearing.

3. Tier 3: Projects where gross floor area (see § 1.30.030) of any proposed
dwelling, accessory building or other building exceeds 12,500 square feet,
a. Design Review Required. Building projects classified under Tier 3 shall
be subject to the design review procedure, per Chapter 5.50, and are not
eligible for a discretionary exemption except when subsection G,
Exemptionfor Sites Not Visible, applies. The Planning Commission shall
be the approving authority for all Tier 3 design review applications.
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b.

Low Visibility Siting. Tier 3 review is intended to ensure that very large
buildings are sensitively sited and designed such that they do not result in
viewshed impacts greater than what might result from a sensitively
designed Tier 2 or Tier 1 building. A Tier 3 category building must be
sited in an area where natural topography, or a combination of topography
and existing vegetation, provide at least a fundamental and sufficient
measure of visibility mitigation.

c.

Story Poles. Story poles shall be required of all new buildings subject to
Tier 3 design review. Story poles shall be fully erected, per the County’s
story poles standards, at least seven(7)days prior to the scheduled
hearing.

B.

Color; Light Reflectivity Value(LRV). The light reflectivity value(LRV)of
exterior surfaces shall not exceed 45. The Zoning Administrator may additionally
specify subdued chroma (color saturation) when warranted for a structure deemed
to have high visibility and contrast against the site’s background. The Zoning
Administrator may waive this LRV requirement for minimal trim or other minor
architectural features. LRV restrictions may be waived entirely when subsection
G,Exemptionfor Sites Not Visible, applies.

C.

Building Massing. Buildings with moderate to high visibility shall be designed
following the massing guidelines within the adopted Design Review Guidelines.
In addition, the following specific limitations on wall dimensions shall apply to
all Tier 1, Tier 2 and Tier 3 projects not deemed exempt under subsection G:
1.

Maximum horizontal length of a continuous wall plane shall be 80 feet.

2.

Maximum height of a wall plane, including foundation and other continuous
components, shall be 24 feet, with the following exceptions:(a) Any
architectural component where faqade dimension does not exceed 18
horizontal feet, or(b) multiple such components(18 horizontal feet
maximum) where combined horizontal dimension does not exceed 25% of the
total horizontal dimension of the faqade. This limitation may be varied
through the design review process for wall planes not facing the valley floor
or otherwise having demonstrably low visibility.

3.

Portions of a wall plane must be offset by at least five (5) horizontal feet to be
deemed discontinuous for the purposes of this provision.

Massing restrictions may be waived when subsection G,Exemptionfor Sites Not
Visible, applies.
D.

Retaining Walls. Retaining walls visible from the valley floor shall not exceed
10 feet in height as measured from grade at face to top of wall. Multiple
“stepped” retaining walls whose total height exceeds 10 feet must each be offset
by at least six (6) horizontal feet. Visible walls shall be colored and textured to
Page 3 of 20

complement the backgrmmd land and vegetation, per the adopted Design Review
Guidelines.
E.

Ridgeline Development. The ridgeline protection policies of the General Plan
Growth and Development chapter shall be applied to any project situated on or
adjacent to a ridgeline.

F.

G.

H.

Design Review Guidelines. All projects subject to design review shall comply
with applicable provisions of the adopted Design Review Guidelines document.
Exemption for Sites Not Visible. Any project where structures would be
situated on portions of a lot outside of the visible viewshed area (based on GIS
visibility analysis) shall be eligible for a discretionary exemption (see § 5.50.060).
Additional visibility analysis tools and methods may be utilized by staff to further
evaluate the potential visibility of a project proposed on such a site. The
exemption may not be approved for Tier 3 projects if it is determined that any
portion of the proposed building would be visible from the valley floor.

Ongoing Compliance. All conditions established through the design review
procedure shall be the ongoing obligation of the property owners, including future
property owners. A copy of the design review permit and conditions applicable to
the property shall be recorded with the Recorder’s Office, to ensure that present
and future property owners are aware of the conditions and their obligation to
uphold them.

I.

Rebuilding. A building in the -di district may be rebuilt in the same location as
the original structure (regardless of visibility) if it is destroyed by earthquake, fire
or

other casualty event, provided the following provisions are met;

1.

The original building was lawfully constructed with all appropriate County
permits required at the time of construction.

2.

The floor area of the replacement building does not exceed the legally
established (permitted, if applicable) floor area of the original strucmre.

3.

The application for a building permit to constimct the new building is filed
within two years of the date of the casualty event. The Director shall be

authorized to extend this deadline when warranted by special circumstances.
4.

A replacement building designed according to the approved building plans for
the original building shall be exempt from the massing standards of subsection
C. Where original building plans cannot be produced, massing standards shall
apply.

5.

The replacement building shall be subject to a discretionary design review
exemption (see § 5.50.060), which shall focus on the project’s compliance

with color standards, and any other Tier 1-applicable standards of this section.
Page 4 of 20

A replacement building that is sited in a different location than the original, or is
larger in floor area, or both, shall be subject to the standard procedures and
requirements of this section.

SECTION 2: The section headings for Chapter 3.20, Article 3 of Appendix I,
Zoning, of the County of Santa Clara Ordinance Code, shall be appropriately revised as
;
follows:

Chapter 3.20

-d Design Review Combining Districts

Sections:

§ 3.20.010
§ 3.20.020
§ 3.20.030
§ 3.20.040
§ 3.20.050

SECTION 3:

Purpose
Applicability
Design Review Required

-di Combining District, Santa Clara Valley Viewshed
-d2 Combining District, Milpitas Hillsides

Section 3.20.050 of Chapter 3.20, Article 3 of Appendix I, Zoning

of the County of Santa Clara Ordinance Code, is amended to read as follows:

§ 3.20.050

-d2 District(Milpitas Hillsides)

The purpose of establishing the -d2 zoning district is to maintain the predominantly
natural appearance of the Milpitas hillside areas to which the -di zoning district is

applied. In furtherance of that objective, the following supplementary development
standards shall apply to structures, including new construction and exterior

modifications/additions to existing structures, on properties zoned -d2. In addition, the

provisions contained within the adopted design review guidelines shall be appropriately
applied as part of the design review process.
A.

Maximum House Size. For lots that are less than 10 acres, the gross floor area of

dwellings shall not exceed 6,000 square feet. For lots that are 10 acres or greater,
gross floor area of dwellings shall not exceed 8,000 square feet.
B.

Height. The maximum height of dwellings shall be 27 feet and two(2) stories.
The maximum height of accessory structures shall be in accordance with Section

4.20.020, except that in no case shall the height of any accessory building or
structure exceed 27 feet.

Page 5 of 20

C.

Color. The light reflectivity value(LRV)of the exterior surfaces of any structure
shall not exceed 45. The Zoning Administrator may additionally specify subdued

chroma (color saturation) when warranted for a structure deemed to have high
visibility and contrast against the site’s background. The Zoning Administrator
may waive this light reflectivity requirement for minimal trim or other minor
architectural features.
D.

Crestline Area Development Restrictions. Placement and height of any

proposed structure may be restricted to ensure that no structure protrudes above
the perceived Crestline, as delineated on the official City of Milpitas zoning map.
To ensure that proposed structures, whether east or west of the Crestline, do not
protrude above the Crestline, story poles, line-of-sight analyses, or other
visualization methods may be required for each project subject to design review.

Story poles shall be the preferred means of evaluating potential impacts to the
Crestline and the basis for necessary determinations that the structures do not

protrude above the perceived Crestline.

SECTION 4; Section 1.30.030 of Chapter 1.30, Article 1 of Appendix I, Zoning,

of the County of Santa Clara Ordinance Code, is amended to read as follows:
§ 1.30.030 Definitions of Terms

Accessory structure; A stnicture or building that is auxiliaiy and subordinate to the
main structure or building on a lot, except as otherwise provided herein. Any building
that is incidental to the conduct of any agricultural use shall be considered to be an

agricultural accessory building. No building designed, intended or used for dwelling
purposes shall be considered to be an accessory structure.

Accessory use; A use related to, but auxiliary and subordinate to the primary use on a
lot.

Agriculture-serving use; A use that supports the agricultural industry including but not
limited to shipping and trucking operations, manufacturing and sales offarm and nursery
equipment and supplies, large animal hospitals, and other service providers catering
specifically to the agriculture industry.

Alley: Any public thoroughfare, not exceeding thirty (30)feet in width, for the use of
pedestrians or vehicles, or both, that affords only a secondary means of access to abutting
property.

Animal,large: Animals characterized by their relative size to other animals and
including but not limited to horses, cattle, bison and donkeys. Variants of species (e.g.
miniature horses) may be reclassified as medium or small animals at the discretion of the
zoning administrator.
Page 6 of 20

Animal, medium: Animals characterized by their relative size to other animals and

including but not limited to sheep, goats, pigs, ostriches, emus, llamas and alpacas.
Animal, small: Animals characterized by their relative size to other animals and

including but not limited to chickens, ducks, geese, turkeys, pheasants, mink and rabbits.
Architectural value: Representing one (1) or more periods or styles of architecture
typical of one (1) or more eras in the history of the county.

Attic: The unconditioned part of a building immediately below the roof situated wholly
within the roof framing (see “story, half’ for conditioned “attic” space).
Bay window: A window or series of windows jutting out from the wall of a building and
forming an alcove within.

Boarding house: Any residential building used for the renting ofrooms or providing of
table board, or both, for three (3)to six (6) persons over the age of 16 years who are not
related by blood or marriage to the resident-operator thereof

Breezeway: A covered passageway open on two (2) or more sides,joining two (2)or
more detached buildings.

Building: Any structure having a roof supported by columns or walls, or both, and

intended for the shelter, housing or enclosure of any person, animal or personal property.
When any portion of a structure is completely separated from every other portion of the
structure by a masonry division or firewall without any window, door or other opening
and the masonry division or firewall extends from the ground to the upper surface of the
roof at every point, such portion shall be deemed to be a separate building.
Building envelope: The three-dimensional space whose boundaries coincide with the
developable area and permissible height limits for structures within it.

Building footprint: That portion of a property vertically below the maximum extensions

of the enclosed structure(s) thereon, including covered decks, uncovered decks over thirty
(30) inches above grade, and carports, but excluding roof projections of two and one-half
(2.5) feet or less.

Building, main: A building or buildings in which the lot’s principal use is conducted.
Centerline: The centerline of a street as established by the County Surveyor of the
County or by the city engineer of any city within the county or by the California
Department of Transportation. If no such center line has been established, the center line
of a street shall be a line midway between the side lines of the right-of-way thereof;
provided, however, that if only a part-width right-of-way exists for any portion of any

street, the center line for such part-width portion shall be determined by prolonging the
center lines on each side of such part-width portion parallel to the side lines of such part-

Page 7 of 20

width portion. Ifthe foregoing method of establishing the centerline is not feasible, the
zoning administrator shall designate the centerline.

Developable area: That portion of the property with characteristics suitable, under the
policies of the general plan and this zoning ordinance, for location of access routes,
placement of habitable structures, septic drainfields and accessory structures.
Dwelling purposes: The use of a building for human habitation, which is designed,
intended or used for sleeping, cooking, eating, and sanitation.

Dwelling unit: A building or portion thereof that is designed, intended or used for
dwelling purposes for one family, as defined in this section.

Family: One or more persons occupying a premises and living as a single, nonprofit
household, as distinguished from a group occupying a hotel, club, fraternity or sorority
house. A family shall be deemed to include necessary domestic help.
Fee access corridor: That portion of a flag lot used for access that is owned in fee
simple.

Floor area, gross: The sum of the gross horizontal areas of the several floors of a
building, as measured from the rough exterior faces of the exterior walls, or (if
applicable) from the centerline of a common wall between two attached buildings.
“Floor area, gross” also includes the total
area of any attached garage, and includes
any carport, porch or similar attached
structure or feature that is both:(a)

covered, and (b) greater than 50%

'MIN

enclosed by perimeter walls. It includes
the horizontal area of an interior stairway
at each of the two or more stories to

which the stairway provides access. Any
attic space that has a minimum clearance

of seven (7)feet in each of three (3)

Area included In

dimensions for at least 70 contiguous

GROSS ROOft AREA

square feet shall be included. Where the
vertical distance between any floor and
the ceiling above exceeds 15 feet, floor

Fig. 1.30-1

area shall be counted twice.

Any underfloor (basement) space that does not constitute a story, per the definition of
“story” as provided in this chapter, shall be excluded when calculating residential floor
area

ratio. Such underfloor space shall, however, be included as part of“floor area,

gross” when determining required nonresidential parking spaces as stipulated in
§4.30.040.

Page 8 of 20

Floor-area ratio (FAR): Determined by dividing
the gross floor area of a specified building(s)
on a lot by the net lot area; provided,
however, that on flag lots, all portions of

GROSS FLOOR AREA

(EG.. 5,000 SF)
7"

fee access corridors which are less
NET LOT AREA

than 25 feet in width shall be

(EG.. 10,000 SF)

excluded from floor area
calculations.
FAR= GROSS FLOOR AREA
NET LOT AREA

Fig. 1.30-2
(EG: 5,000

= FAR 0.5)

Floor Area Ratio

10,000

Future width line:

A line representing the maximum planned width of a right-of-way, as shown on maps
included in any officially adopted report or ordinance. This includes the 1971 Ruth and
Going Future Width Line Study.
Guest room: A room within a dwelling which is intended, arranged or designed to be
occupied or which is occupied by one or more guests, but in which there are no cooking
facilities.

Height: The dimension measured by the
vertical distance from the final grade to the top
of a building or structure. On sloping lots or
lots with irregular topography, height shall be
measured vertically upward from a hypothetical
surface representing the final grade as projected
through the structure site (see Figure 1.30-3b
for measurement

MAXIMUM
ALLOWED
HEIGHT

1

I

details).

Fig. 1.30-3a
Building Height

Page 9 of 20

I

Fig. 1.30-3b
HEIGHT MEASUREMENT

(Irregular Topography)

/■

B
■C3-

I
i

ELEVATION
VIEW

I
I

CROSS

\

SECTIONS

I
I

I
I

I

Perimeter Grade

I

(North Elevation)

I

f
A

I
I

A
j

I
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Page 10 of 20

Legal-nonconforming use, lot, or structure: A use, lot, building or structure that was
lawful when brought into existence, but does not comply with the currently effective use
provisions, permitting requirements or development standards of this zoning ordinance.
See Chapter 4.50.
Livestock: Domestic animals kept on a farm or ranch and raised for sale and profit.
Lot: A fundamental unit of land that may be lawfully sold as a separate parcel in
conformance with the applicable lot-legality provisions of Division C12 of the County
Ordinance Code and the applicable subdivision and lot-legality provisions of state law.

Lot area, gross: The area specified as gross lot area on a recorded parcel map, tract map
or record of survey. Also, the total area of any lot whose deed contains a legal
description that includes land underlying public or private rights-of-way as fee-title
portions of the lot.

Lot area, net: The net area of a lot specified as such on a recorded parcel map, tract map
or record of survey, or the total land area of any lot exclusive of land underlying public or
private rights-of-way.
Lot, corner: A lot situated at the
intersection of two (2) or more
streets, or bounded on two (2)or
more adjacent sides by street lines.
If the interior angle of the
intersecting street lines is 135
degrees or wider, the lot shall not be

ii

h
CORNER

CORNER

I

LOT

LOT
INTERIOR

INTERIOR
I

LOT

LOT

deemed a comer lot.
DOUBLE
FRONTAGE LOT

KEY

I

LOT

FLAG

LOT

KEY
1

LOT

Fig.1.30-4
Classification of Lots
CORNER

INTER-

LOT

lOR

I

LOT
I

f

Page 11 of 20

INTERlOR

CORNER
LOT

LOT
I

I

Lot coverage: The footprint of all buildings and structures over 30 inches in height.
Covered patios, carports, arbors, and similar structures are counted in lot coverage.
Eaves are excluded provided they do not project more than two and one-half feet.

Lot depth: The average distance from the front property line (or edge of right-of-way)

to the rear line measured in the general direction of the side lines of the lot.

Lot frontage: The boundary of a dedicated public or private road right-of-way as it
fronts along a lot. To determine the front lot line for setback purposes, see “lot lines.”

Lot,flag: A lot, generally located to the rear of another lot, whose frontage to a street is
provided by a fee access corridor, or whose access is provided by an easement through
the parcel with actual frontage along such street.[See Fig. 1.30-4]
Lot, interior: A lot with street frontage and whose side lot lines are the side lot lines of
adjacent lots that front on the same street.[See Fig. 1.30-4]

Lot, key: The first lot to the rear of a comer lot, the front line of which is a continuation
of the side line of the comer lot, exclusive of the width of any alley, and fronting on the
street which intersects or intercepts the street on which the comer lot fronts.[See Fig.
1.30-4]

Lot lines; The lines bounding a lot as defined herein, with the following specific
classifications and criteria for determining setbacks. For purposes of this definition,
"street" shall mean “right-of-way,” as defined herein.
1.

The front lot line is normally the line that abuts a street.

2.

The front lot line of a corner lot is normally the shorter line (representing the
narrower

lot dimension) of the two lines abutting a street. If a comer lot's overall

depth-to-width dimensions are more strongly representative of the lot’s

orientation such that an alternate frontage determination would yield a larger

building envelope, the right-of-way line that corresponds to the lot width (longer
line in that case) shall be deemed the front lot line for setback purposes. In the
case of a curved comer, a determination may be made by the zoning administrator

that an appropriately situated point along that curve shall demarcate the front lot

line from the exterior side lot line.
3.

The front lot line of a flag lot shall be based on the lesser dimension

(widtli/length) of the main portion of the lot (portion that excludes access
corridor). The line abutting the interior tenninus of the access corridor that
corresponds to that lesser lot dimension shall be deemed the front lot line. When
a fee access corridor exceeds 25 feet in width, the front lot line shall be the street

frontage at the access corridor. For a variable-width access corridor the front lot
line shall be considered the width line at the point at which the access corridor
exceeds 25 feet.

Page 12 of 20

4.

The side lot line is the line that intersects the front lot line, the rear lot line, and

any other side lot line.
5.

The side exterior lot line of a comer lot is the (generally) longer of the two lines

abutting a street (see Paragraph 2 above).
6. The rear lot line is

generally the line that

SIDE EXTERIOR

H

SIDE

is most distant and

(T

2

o

opposite the front lot

cc

<
LU

a:

CC

SIDE

u.

q;

u.

line. On a triangular

CC

O

SIDE

©

CORNER LOT

lot or other lot where

INTERIOR LOT

no logical rear lot line
exists, the rear setback
may be taken as a
radius from the point of

FLAG LOT

SIDE
CL

O

intersection of side lines most

<

CL

UJ

OC

distant and opposite the front lot
line. Multiple line segments that
logically fit the intent of this
definition may also be considered

SIDE

®

L- 25' OR LESS

rear lot lines

Fig. 1.30-5
Lot Lines and

Where the above provisions are inadequate
to address an unusually configured lot, the
zoning administrator shall classify the lot

Lot Frontage

lines on that lot. The detennination shall
I

consider in the following order of

FRONT

I

>

I

8

importance:(a) the general depth-towidth orientation of the lot and the

establishment of a practical and
reasonable building envelope,(b) the
orientation of the lot and orientation

of the determined building

envelope as it would most
harmoniously concur with
development and/or
building envelopes on the
adjacent lots,(c) the existing
development on the subject
lot and the degree to which it
may conform to more than
one possible determination,

REAR SETBACK

(RADIUS)
\ REAR

'r

\

-ft

V 4'.

/
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cn

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O

5d
LU =
P CO

-7

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BISECT
RADIUS

and (d) other factors specific to the lot that would affect the practicality and
reasonableness of a determined building envelope. See § 4.20.020 for additional lot-line
and setback criteria for accessory buildings on lots with unusual configurations.
Page 13 of 20

Manufactured home: A factory-built single-family structure as defined in Section
19971 of the California Health and Safety Code or a manufactured home as defined in
Section 18007 of the California Health and Safety Code. Mobilehomes, which are

structures transportable in one or more sections, designed to be used as a residential
dwelling unit and not having wheels or axles permanently attached to their body or
frame, are considered manufactured homes if they are built in conformance with the
National Manufactured Housing Construction and Safety Standards Act of 1974(42 USC

Section 5401) and located on a foundation system pursuant to Section 18551 of the
California Health and Safety Code. Manufactured homes or mobilehomes do not include
recreational vehicles, or commercial coaches, as defined in Section 19971 ofthe
California Health and Safety Code.

Marginal agricultural lands: Lands that may be considered unsuitable for agricultural
use because of proximity to incompatible non-agricultural uses, inadequate water
availability; or marginal soil type such as Class III or poorer.

Mine, idle: A mining operation that is curtailed for one (1)or more year(s) by more than

90 percent of the operation’s previous maximum annual mineral production, with the
intent to resume those surface mining operations at a future date.
Mobilehome: See “manufactured home.”

Nonconforming use, lot, or structure: The term “nonconforming” shall mean legalnonconforming. See “legal-nonconforming use, lot or stmcture.”

Official plan line: A line representing the maximum planned width of a right-of-way,
including future right-of-way, as defined in Section Cl2-700 of the County Ordinance
Code.

Open land historic: The unimproved or undeveloped portion of the land on which the
historic buildings or structures exist and which is essential to the integrity of the historical
site or place.

Open space land: Any parcel(s) or portion of a parcel that is essentially unimproved and
devoted to an open space use. This term includes land(s) designated for permanent open

space preservation as shown on a recorded subdivision map, approved site plan, or other
development plan, and which may be the subject of an easement or other permanent
conveyance of development rights restricting the use and development potential of the
open space in accordance with applicable general plan policies, zoning regulations,
mitigations, or conditions of approval.

Person: Any individual, fiim, association, coiporation, organization or partnership, or
any city, county, district or state, or any public entity or department or agency thereof.
Public water supply: Water service furnished by a public utility, a county water

company or district, a municipal water company or district, a community service district
or other public water district.
Page 14 of 20

Reclamation: The combined process ofland treatment that minimizes water
degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and
other adverse effects from surface mining uses so that mined lands are reclaimed to a
usable condition which is readily adaptable for alternate land uses and pose no danger to

public health or safety. The process may extend to affected lands suiTounding mined
lands, and may require backfilling, grading, re-soiling, re-vegetation, soil compaction,
stabilization, or other measures.

Reclamation plan: A plan providing for reclamation of lands upon which surface
mining operations either have been or will be conducted.
Registered historic cultural resource: A registered historic cultural resource is any
building, site, structure, object, or district which is registered in the National Register of
Historic Places, California Historical Landmarks Program, California Register of
Historical Resources, California Points of Historical Interest Program, or formally

designated as such by a resolution of the Santa Clara County Board of Supervisors.

Right-of-way: The total(improved and unimproved) area of land within the bounds of a
dedicated public or private road. Also includes any ingress-egress easement that provides
the right to pass over one property to access another.

Riparian: That area within and adjacent to waterways, water bodies and areas with
special underground wetness characteristics which support a special type or lush
condition of vegetation not found in the general area.

Sanitary sewers: Sanitary sewers shall mean those sewer systems operated and
maintained by a county, a municipality, or a sanitary sewer district.
Setback: The horizontal separation required between lot lines (and/or rights-of-way, see
below), and the nearest point of a building or structure. The setback line shall be deemed
to mean a line parallel to the lot line separated by the required setback distance.
The measurement shall be taken from the rough exterior building walls (structural wall
components; excluding trim, exterior siding, stucco or other such finishing materials), or
other vertical structural components, to the nearest lot line, exclusive of those
architectural features listed in Section 4.20.110 as exempt. Setbacks shall also be taken
from the edge of any right-of-way that abuts or passes through the subject lot. In

situations where the property line lies within the right-of-way, the setback shall be taken
from the edge of such right-of-way. However, if an official plan line or future width line
has been established for the abutting right-of-way, setback measurement shall be taken
from such official plan line or future width line.

Story: That portion of a building included between the upper surface of any floor and the
upper surface of the floor above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling or roof
above.

Page 15 of 20

An attic, regardless of its interior dimensions, shall not be considered a story provided it
remains unconditioned space, is accessible by nothing more substantial than a pull-down
stairway or ladder, and contains no dormers with the exception of minimal vent features.
Under-floor “basemenf’ space, qualifying asfloor area with minimum clearance of seven
(7)feet in each of three dimensions for at least 70 contiguous square feet in floor area,
shall not be considered a story unless either of the following applies:
1.

The finished floor level directly above such
basement space is more than six (6)feet
above grade for more than 50
percent of the total basement
floor area, or

2. The finished floor level

directly above such
basement space is more
than 12 feet above grade at
any point.

ADJACENT FINISHED
GRADE

.

inginiEkiHJl

n=n]=!ij=;a
f

—
> 50%

^

i—

<50% 'I

LESS THAN 50%
LESS THAN 6'
ABOVE ADJACE NT
GRADE

“Grade” shall be final grade at the
building’s perimeter, and shall be
projected through the subject basement
space when appropriate.

Fig.1.30-6
Story: Basement

Determination of a building’s number of stories shall be based on qualifying floor area
being situated directly above other qualifying floor area.

Story, half: A portion of a building within a hip, gable or
similar sloping roof containing space that meets

P

the dimensional criteria for habitable space(70

square feet or larger with a minimum seven (7)

2' MAX.""
A,

^HALF STORY^^

feet clearance in each of thi'ee (3) dimensions),
but is limited such that the wall plates on at least

FULL STORY

two(2) opposite exterior (vertical) walls, which
constitute at least 50 percent of the perimeter wall

FULL STORY

area at that floor level, are not more than two (2)
feet above rough floor level.

Fig. 1.30-7
Half Story

Structural alterations: Any change in the supporting members of a building, such as
bearing walls, foundation, roof, columns, beams or girders.

Page 16 of 20

Structure: Anything constructed or erected, the use of which requires location on the
ground or attachment to something having location on the ground. The term “stmcture”
includes “building.”

Urban service area: Land within the sphere of influence of a particular city, which is
served by urban facilities, utilities and services, or which is proposed to be served by
urban facilities, utilities and services through a city-adopted capital improvement

program. In addition to being regulated by the County zoning ordinance, unincorporated
land within a city’s urban service area is subject to the land use policies of that city’s
general plan. The urban service area boundary shall be established by the Santa Clara
County Local Agency Formation Commission in accordance with the applicable
provisions of Sections 56300, 56301 and 56425 of the California Government Code.
Use: The purpose for which land or premises or a building thereon is designed, arranged
or intended or for which it is or may be occupied or maintained. When used as a verb,
standard dictionary definitions of“use” shall apply.
Watercourse: A running stream fed from permanent or natural sources, including rivers,
creeks, mns and rivulets. There must be a stream, usually flowing in a particular
direction (though it need not flow continuously) in a definite channel, having a bed or
banks and usually discharging into some stream or body of water.

Yard: An open space, adjacent to a dwelling or other main building, that is generally
unoccupied and unobstructed from the ground upward, except as otherwise provided in
Chapter 4.20. The following are types of yards:
1.

The front yard extends across the full width of the lot lying between the front lot
line and the nearest line of the dwelling.

2

The side yard lies
between the side lot

line and the side wall(s)
of the dwelling and

SIDE YARD

extends from the front

yard to the rear yard.

(DWELLING) I

REAR
YARD

3.

The rear yard extends

n

across the full width of

the lot lying between

SIDE YARD

the rear lot line and the

I I I I I IL

nearest line of the

primary dwelling.

.30-8

Page 17 of 20

‘Ki

SECTION 5: Section 5.50.030 of Chapter 5.50, Article 5 of Appendix I, Zoning,

of the County of Santa Clara Ordinance Code, is amended to read as follows:
§ 5.50.030

Approval Authority

The Zoning Administrator shall be the approval authority for design review applications,
except where otherwise expressly specified.

SECTION 6: Section 5.50.050 of Chapter 5.50, Article 5 of Appendix I, Zoning,

of the County of Santa Clara Ordinance Code, is amended to read as follows;
§ 5.50.050 Statutory Exemptions

The following types of stinctures are deemed minor in character and are in all cases
exempt from the design review process, except where any conflicting “-di” process
requirements apply(§ 3.20.040):
A.

House additions of 1,000 square feet or less in floor area;

B.

Detached buildings and structures 1,000 square feet or less in floor area;

C.

Decks whose floor surface is 30 inches or less above final grade, and grade-level

pavement for which grading perfonned prior to paving does not require a grading
pennit;
D.

Any decks (regardless of height), carports, trellises or other structures attached to
a dwelling that are 1,000 square feet or less in floor area;

E.

Fences three (3)feet or less in height.

F.

Open fences, having a composition (solid components vs open “gap”
components) where not more than 25% of the surface area is solid when viewed
from a position perpendicular to the fence; and that meet the applicable fence
height requirements of Section 4.20.050.

G.

Retaining walls that are not subject to a grading permit;

H.

Solar (photovoltaic) panels; and

I.

Swimming pools;

The cumulative construction of multiple statutory exempt projects on a lot may, at the
discretion of the Zoning Administrator, be subject to the design review process.
Page 18 of 20

SECTION 6: Section 5.50.060 of Chapter 5.60, Article 5 of Appendix I, Zoning,

of the County of Santa Clara Ordinance Code, is amended to read as follows:
§ 5.50.060 Discretionary Exemptions

The following project categories may, at the discretion of the Zoning Administrator, be
considered minor and exempt from the design review process, except where any
conflicting “-di” process requirements apply(§ 3.20.040):
A.

House additions with floor area between 1,001 and 2,500 square feet;

B.

Detached buildings and structures with floor area between 1,001 and 2,500 square
feet;

C.

D.

E.

Decks where those portions of floor surface that exceed 30 inches in height above
grade comprise a total surface area exceeding 1,000 square feet;
Fences in “-d” combining districts or along designated scenic roads which
conform to the provisions of this ordinance regulating fence height(excluding
certain “open” fences, see subsection 5.50.050(F));

Projects in “-di” zoning districts meeting exemption criteria specified in Section
3.20.040 (i.e. “Tier 1,” and “Sites Not Visible”), regardless of any conflicting
standards within this section, and;

//

//

//

//

//

//

Page 19 of 20

F.

Other minor construction similar in scale to the above categories and having low
potential for visual impact.

PASSED AND ADOPTED by the Board of Supervisors of the County of Santa
by the following vote:

Clara, State of California on
AYES:
NOES:

ABSENT:
ABSTAIN:

James T. Beall, Jr., Chair
Board of Supervisors
ATTEST:

Phyllis A. Perez
Clerk of the Board of Supervisors

APPROVED AS TO FORM AND LEGALITY:

Lizanne Reynolds

Deputy County Counsel

Page 20 of 20