Ordinance No. N S- 1200 . XXX
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

I

SUMMARY

DRAFT

I

%

This ordinance adds additional standards, procedures and regulations to properties

rezoned pursuant to the viewshed protection study, to preserve and protect the scenic
quality of the 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,
of the County of Santa Clara Ordinance Code, is amended as follows (additions are
underlined, deletions overstruek):
§ 3.20.04fr

District(West Valley Hillsides)

The—d).combining district is intended to preserve the integrityof the West Valley
hillsides by mitigating the visual impacts of development on those lands where the (fr
zoning district is applied. The following supplementary development standards shall
apply te-structures, including new construction and exterior modifications or additions to
existing structures-,-on properties zoned (LAt

Hcight. Maximum- height of dwellings shall be 30 feet. The maximum height-of
accessory buildings shall be in accordance with Section 4.20.020, except that in
no case shall the-height of any accessory building exceed 30 feety

Bt

Color. The light reflectivity value(LRV)of exterior surfaces shall not exceed 60.
Lower LRV requirements may be required by the zoning administrator when a
structure's visibility and potential contrast against the site's background warrant
darker tones. The zoning administrator may waive this reflectivity requirement
for minimal trim or other minor architectural featuresr

Attachment P

Gr

Rebuilding. A structure in the 4j--district may be rebuilt exactly as it previously

existed if it is destroyed by acts of nature such as earthquake; fire or landslide^
provided the following provisions are met:

1 ■ The original-structure was-lawfiilly constructed with appropriate building
permits required at the time of construction.

2. The application for a building permit to construct the new structure is filed
within two years of the date of destruction of the original strueture. The
rebuilding exemption shall not be applicable to any subsequent building
permit application filed after the foregoing two year period expires if the
initial application referred to above-ls abandoned or if any building permit
issued thereunder is revoked or lapses.

3. The new structure is located on the-samc footprint as the original building and
is in accordance with current building code, health and safety requirementsr
4. The new structure does not exceed-the height or size of the original-structure.-

5. Design review approval, limited irhsenpc to landscaping and the color of the
structure only, is obtained for the new stmeture.
S 3.20.040

-di District rSanta 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 stmetures and grading on the natural topography and landscape, using a
combination of supplemental 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:

1 ■ Tier 1: Projects where gross floor area Isee § 1.30.0301 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 [ordinance effective dateA 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

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 of subsection B
shall apply to Tier 1 projects.
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c. Grading. Except where subsection G. Exemption for 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 (S') 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. a full design review application and hearing shall be
required.
2. Tier 2: Projects where gross floor area (see § 1.30.030) of primary dwelling
is between 5.001 square feet and 12.500 square feet, or cumulative gross floor

area of primary dwelling and detached accessory buildings and/or secondary
dwellings constructed after \ordinance effective date] exceeds 6.500 square

feet.

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.
Exemption for Sites Not Visible, applies,

b. Siting. A Tier 2 category building should, to the extent possible, be sited
where natural topography, or a combination of topography and existing
vegetation, provides a basic level 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 fiillv erected, per the County’s
story poles standards, at least seven il^ 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.
Exemption for Sites Not Visible, applies. The Planning Commission shall

be the approving authority for all Tier 3 design review applications,
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
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and existing vegetation, provide a basic level of visibility mitigation, upon

which additional landscaping conditions and design may be combined for

strong and effective mitigation.

c. Story Poles. Storv poles shall be required of all new buildings subject to
Tier 3 design review. Story poles shall be fully erected, per the County’s

storv poles standards, at least seven (1)days prior to the scheduled
hearing.
B.

Color: Light Reflectivity Value(LRVh The light reflectivity value(LRV)of
exterior surfaces shall not exceed 45. The Zoning Administrator may additionally

specify subdued chroma Tcolor 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. Exemvtion for 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 he 24 feet, with the following exceptions:(a) Any
architectural component where facade dimension does not exceed 18

horizontal feet, or tbl multiple such components(18 horizontal feet
maximum! where combined horizontal dimension does not exceed 25% of the

total horizontal dimension of the facade. 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.Exemption for 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

bv at least six 16) horizontal feet. Visible walls shall be colored and textured to
complement the background land and vegetation, per the adopted Design Review
Guidelines.

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E.

Rid^eline Development. The ridgeline protection policies ofthe General Plan

Growth and Development chapter shall be applied to any project situated on or
adjacent to a ridgeline.
F.

Design Review Guidelines. All projects subject to design review shall comply

G.

Exemption for Sites Not Visible. Any project where structures would be

with applicable provisions of the adopted Design Review Guidelines document.

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).

The exemption may not be approved for Tier 3 projects if it is determined that any
portion ofthe proposed building would be visible from the valley floor.
H.

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 visibilitvl if it is destroyed by earthquake, fire

or other casualty event, provided the following provisions are met:

1 n 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)floor area of the original structure.

3. The application for a building permit to construct 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 caimot be produced, massing standards shall
apply.

5. The replacement building shall be subject to a discretionary design review
exemption (see § 5.50.0601. which shall focus on the project’s compliance
with color standards, and any other Tier 1-applicable standards of this Section.

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.

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SECTION 2: The section headings for Chapter 3.20: Design Review Combining

Districts shall be appropriately revised as follows (additions are underlined, deletions
overstruck):

Chapter 3.20

-d Design Review Combining Districts

Sections:

§ 3.20.010
§ 3.20.020
§ 3.20.030
§ 3.20.04fr

Purpose

Applicability

Design Review Required
-4}. Combining District, West Valley Hillsides

S 3.20.040

-di Combining District. Santa Clara Valiev Viewshed

§ 3.20.050

-di Combining District, Milpitas Hillsides

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

of the County of Santa Clara Ordinance Code, is amended as follows (additions are
underlined, deletions overstruck):

§ 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.

C.

Color. The light reflectivity value(LRV)of the exterior surfaces of any structure

shall not exceed 60 45. Lower LRV requirements may be required by the zoning
administrator when warranted by a structure’s vioibiIit>', prominence, and i4s

potential contrast against the site's background.- The Zoning Administrator may
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additionally snecifv subdued chroma (color saturation) when warranted.foxa
structure deemed to have high visibility and contrast ap;ainst 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 as follows (additions are
underlined, deletions overstruck):
W

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. Ais©

included in this definition are

7' MIN

any attached structures over 30
inches in height, including, but
not limited to, decks (covered
and uncovered), carports, arbors

DECK OR ATTACHED
STRUCTURE OVER
30" IN HEIGHT

and similar structures;

6^

stairwells, as well as attached

garages; however, eaves that are
unsupported and do not project
more than two and one half

(2.5) feet are excludedr

7’ MIN

BASEMENT

SECTION

(UNDERFLOOR)

AREA

^ INCLUDED

IN GROSS
FLOOR AREA

“Floor area, gross” also includes
the total area of anv attached

1-1

7'MIN

garage, and includes any
carport, porch or similar

attached structure or feature that is both:(a) covered, and (b) greyer than 50% enclosed

bv perimeter walls. It includes the horizontal area of an interior stairway at each ofthe

two or more stories to which the stairway provides access. Any space located between

the topmost floor and the ceiling or roof above and which attic space that has a minimum
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clearance of seven (7)feet in each of three(3) dimensions for at least 70 contiguous
square feet shall be included.

Any underfloor (basement)space that has a minimum clearance of seven (7) feet in each

of three dimensions for at least 70 contiguous- square feet in floor area shall be included

does not constitute a storv. 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.
W

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 as follows (additions are
underlined, deletions overstruck):

§ 5.50.030

Approval Authority

The Zoning Administrator shall hear and decide 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 as follows (additions are
underlined, deletions overstruek):

§ 5.50.050 Statutory Exemptions

The following types of structures 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):
At

Detached accessory buildings that are exempt from the building permit

requirement on the basis of size and are not within any casement or right of wayt
A

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

B

Detached accessory buildings and structures 1.000 square feet or less in floor
area;

Any accessoiy building or structure whose combined above ground dimensions
(maximum length + maximum width + maximum height) do not exceed 16 feeh
C

Any decks, carports, trellises or other structures attached to a dwelling that are
1.000 square feet or less in floor area;

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

pavement for which grading performed prior to paving does not require a grading
permit;

Dr D 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 4.20.05Q.

Ft

Grade level pavement for-which grading performed prior to paving does-net
require a grading permit;

Ft a Retaining walls that are not subject to a grading permit;
Gt R Solar (photovoltaic) panels; and
Hr L

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

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 as follows (additions are
underlined, deletions overstruck):

§ 5.50.060 Discretionary Exemptions

The following use project categories may, at the discretion ofthe Zoning Administrator,
be considered minor and exempt from the design review process, except where any

conflicting “-di” process requirements apply (§ 3.20.040):
At

Additions of 500 square feet or less in floor area to a dwellingt

A

House additions with floor area between 1.001 and 2,500 square feet;

Ft

Detached accessor^' buildings of 500 square feet or less in area;

B

Detached accessory buildings with floor area between 1.001 and 2,500 square
feet:

Gt

Decks

vhoGO floor surface is over 30 inches in height above gradet

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C.

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;
D.

E.

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)'); and
Projects in “-dF’ 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:
&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 ofthe 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

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