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

EDIT

VERSION

(Underline Stn'kothru)

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 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):

§ 3.20.04(1

District(Wcst Valley Hillsides)

The-d^. combining district is intended to preserve the integrity of the West Valley
hillsides-by mitigating the-visual impacts of-developmcnt on those lands whore the 6+
zoning district is applied. The following supplementary development standards-shaH

apply to structuresrhicluding new construction and-exterior modifications-or additions-te

cxisting-structures, on properties zonedAr

Heightn—Maximum height of dwellings shall be 30 feet. The maximum height of
accessory-buildings shall be-in accordance with Section 1.20.020, except that in

no case shall the height of any accessory-building-exceed 3Q -feet7
Br

Color. T-he-light reflectivit>^ value-fLRV) of exterior surfaces shall not exceed 60?
Lower LRV requirements may bo 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 refleet-ivity requirement
for minimal trim dr other minor architectural featuresr

Attachmewt 4

Gr

-Rebuilding. A stmeture in the- 4^ district may be rebuilt exactly as it previously
existed if-it is destroyed by acts of nature such as earthquake, fire or lands-l-ide^
provided-the following provisions are met:

1 ■ The CHHginal structure was lawfully 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 stmeture. The
rebuilding exemption shall not be applicable to any subsequent building
pen-nit application Filed after the foregoing two year-period expires if the
initial application referred to above is abandoned or if any building permit
issued thereunder is revoked or lapses.-

-3. The new structure is located on the same footprint as the original building and
is in accordance with current building code, health and safet>'4. The new structure does not exceed the height or size of the original structur-er

5. Design review approval, limited in scope to landscaping and the color of the
structure only, is obtained for the8 3.20.040

.tructure

-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 of supplemental development standards, design guidelines, design review,,
and use of process incentives for smaller and less visible protects.
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 fsee 8 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
con;
structed after September 28. 2006 (ordinance effective date) does not
exceed 6.500 square feet. Additions to existing primary dwelling resultingin

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 8 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 tLRV). The provisions of subsection B
shall apply to Tier 1 projects.
Page 2 of 10

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 (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. a full design review application and hearing shall be
required.

2. Tier 2: Projects where gross floor area tsee § 1.30.030') of the primary

dwelling is between 5.001 square feet and 12.500 SQuare feet. Additional

buildings tsecondarv 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,
Exemption for 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. Storv poles shall be required of all new buildings subject to
Tier 2 design review. Storv poles shall be fully erected, per the County’s

storv poles standards, at least seven 17) days prior to the scheduled
hearing.

3. Tier 3: Projects where gross floor area fsee $ 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
he .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
Page 3 of 10

and existing vegetation, provide at least a fundamental and sufficient
measure of visibility mitigation.

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

storv poles standards, at least seven f?) days prior to the scheduled
hearing.

B.

Color: Light Reflectivity Value (LRV~). The light reflectivity value CLRV) 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 mingr
architectural features. LRV restrictions may be waived entirely when subsection
G. Exemption 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
r.nmpnnents. shall be 2.4 feet, with the following exceptions: fa) Any
architectural component where facade dimension does not exceed 18.
horizontal feet, or fb) 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 mav 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 (6) horizontal feet. Visible walls shall be colored and texturedjp

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

Ridgeline Development. The ridgelime protection

policies of the General Plan
Growth and Development chapter shall be applied to any project situated on or

adjacent to a ridgeline.
Page 4 of 10

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).
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 proiects if it is determined that any
portion of the 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 fregardless of visibility') 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 tnermitted. if applicable) 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 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,

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: Design Review Combining

Districts shall be appropriately revised as follows (additions are underlined, deletions
ovcrstmck):
Page 5 of 10

Chapter 3.20

-d Design Review Combining Districts

Sections:

§3.20.010
§ 3.20.020
§ 3.20.030
§ 3.20.040

Purpose
Applicability

Design Review Required
-dj. Combining District, West Valley Hillsides

S 3.20.040

-di Combining District, Santa Clara Valley Viewshed

§ 3.20.050

-dz 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 -dj District (Milpitas Hillsides)

The purpose of establishing the -dz zoning district is to maintain the predominantly
natural appearance of the Milpitas hillside areas to which the -dz 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 -dz. In addition, the

provisions contained within the adopted design review guidelines shall be appropriately

applied as part of the design review process.
A.

B.

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.

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 visibility', prominence, and its

potential contrast-against the site's background: The Zoning Adniinistrator may

additionally specify subdued chroma (color saturation) when warranted for a
structure deemed to have high visibility and contrast against the sitejs

background. The Zoning Administrator may waive this light reflectivity
requirement for minimal trim or other minor architectural features.
Page 6 of 10

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 overstruek):
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, prXif
applicable^ from the centerline of a common
wall between two attached buildings. A4se

included in this definition are

r MIN

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

DECK O R ATTACHED
STRUCTURE OVER
30" IN HEIGHT

and similar structures^

stairwells, as well as attached

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

(2.5) feet arc cxcluded.-

7' MIN

BASEM ENT

SECTION

(UNDERFLOOR)

AREA

% INCLUDED
' IN GROSS

1

FLOOR AREA

“Floor area, gross” also includes
the total area of any attached
garage, and includes any

T MIN

earport. porch or similar

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

bv perimeter walls. It includes the horizontal area of an interior stairway at each of the
two or more stories to whieh the stairway provides access. Any space located between
the topmost floor and the ceiling or roof above and whieh attic space that has a minimum
clearance of seven (7) feet in each of three (3) dimensions for at least 70 contiguous

square

feet shall be included. Where the vertical distance between any floor and the

ceiling above exceeds 15 feet, floor area shall be counted twice.

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

of three dimensions for at least 70 contiguous-square feet in floor area shall be included
Page 7 of 10

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 arc
underlined, deletions ovcrstrue-k):

§ 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 proeess. except where any conflicting ‘Ird^ process.
requirements apply (§ 3.20.040):
At-

Detached accessor>' buildings that arc exempt from the building permit

requirement on the basis of size and are not within any oaoement or right of wa)^

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;

Bt

Any accessoiy'-building or structure whose combined above ground dimensions

C.

(maximum length + maximum- idth + maximum height) do not exceed 16 feeT

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;

Fences three (3) feet or less in heighk
D

Any decks tregardless of height!, carports, trellises or other stmetures attachedto

a dwelling that are 1.000 square feet or less in floor area;
Page 8 of 10

Er

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

E.

Fences three (3) feet or less in height.

Fv

Retaining walls that are not subject to a grading pemaitt

F.

Open fences, having a comnosition (solid components vs open “gaeZ

enmponents^ 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;

Gt Fh Solar (photovoltaic) panels; and
Hr 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.

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 overstruete):

§ 5.50.060 Discretionary Exemptions

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

conflicting “-dd’ process requirements apply(§ 3.20.040):

less in floor area to a dwcllingt

Ar

Additions of 500 square feet-

A

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

Bv

Hctachcd accessory buildings of 500 square feet or less in area.

B.

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

G.
C

-Decks whose floor surface is over 30 inches in height above gradet

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;
Page 9 of 10

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 S-SO-OSOfF)); and
Projects in ‘‘-dd’ 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;

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 foliovving vote:

Clara, State of California on
AYES:
NOES:

ABSENT:
ABSTAIN:

.lames T. Beall, .Ir., Chair
Board of Supervisoi's
A l l ES I :

Phyllis A. Perez
Clerk of ihc Board of Supen’isors

APPROVED AS TO FORM AND LEGALITY;

Lizanne Reynold.s

Deputy County Counsel

Page 10 of 10

RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF SANTA CLARA AMENDING
THE COUNTY GENERAL PLAN TO ADD A SECTION
TO THE GROWTH & DEVELOPMENT CHAPTER
FOR RURAL UNINCORPORATED AREA ISSUES AND

POLICIES,PART 3 OF BOOK B OF THE GENERAL PLAN,

ENTITLED “STRATEGY #3: ENSURE ENVIRONMENTALLY-SAFE
AND AESTHETIC HILLSIDE DEVELOPMENT,” AS PART OF THE
COUNTYWIDE VIEWSHED PROTECTION STUDY
(File No. 8630-00-00-06GP)

WHEREAS,the Board of Supervisors authorized the Viewshcd Protection Study as part

of the County Planning Office work plan, to evaluate and provide recommendations regarding
the environmental and visual impacts of hillside development; and

WHEREAS,the County General Plan and Zoning Ordinance recognize tlie value and

importance ofthe seenic resources ofthe County to the overall quality of life of its citizens,
including the hillsides surrounding the urbanized areas, and the General Plan’s goals and policies
encourage the protection ofsuch natural resources for both environmental and scenic qualities, to
preserve the generally natural appearance of the hillsides and reduce the adverse visual impacts
ofsubdivision and development; and

i
I
I

!

I

WHEREAS,on April 9, 2005, the Comity Board of Supervisors held a public hearing
and received a report and preliminary recommendations for additional viewshcd protection
measures, and voted to hold workshop to further consider and evaluate the viewshcd study
recommendations; and

WHEREAS,on August 31,2005, the Board of Supervisors held a land use workshop to

consider the preliminary recommendations, receive public testimony, and provide further
direction to staff, and the Board voted at that workshop to accept the preliminary

recommendations, request quarterly status reports on the progress ofthe study, and directed that a
Study in 2006, with
schedule be prepai'ed for the conclusion ofthe Viewshcd Protection
and
appropriate opportunities for public outreach and participation;
I

i

WHEREAS,staff conducted a series of stakeholder participation meetings in January

and February of2006,followed by three community meetings in March of2006, during which
there were presentations and significant opportunity for public comment, which informed and
helped shape the project proposals; and

WHEREAS,the Plaiming Commission held duly noticed public hearings on July 6, 2006

and August 3, 2006 to consider staffrecommendations, receive public testimony, and deliberate
unanimously to forward a recommendation to the Board to approve the proposed General Plan

regarding its recommendations to the Board of Supervisors, and the Plamiing Commission voted
text amendment, attached hereto as Exhibit 1, with the following specific recommendations:
Resolution ofthe Board of Supervisors

Amending the General Plan lo Add Provisions
Related to Viewshcd Protection

Page 1 of 3 .

a) that the Board adopt the proposed Ridgeline Development Policies R-GD 30 through 35,
as Stated on pp. K-17 to K-18 of the proposed text amendment, and

b) that the Board consider the substitution of the word ‘shall’ for the word ‘may’ in the text
of the proposed policy R-GD 33 regarding ridgeline development on existing lots and the
mitigations that could apply.

Staff has incorporated that wording change recommendation in the proposed text amendment
with further wording clarifications for consistency with overall Planning Commission
recommendations and project proposals.

THE BOARD OF SUPERVISORS HEREBY FINDS AS FOLLOWS:

A. CEOA. The proposed General Plan amendment would not have any new or

substantially more severe significant impacts upon the environment, pursuant to the California

Environmental Quality Act(“CEQA”),Public Resources Code 21000 et seq., that were not

previously addressed in the Environmental Impact Report(“EIR”) prepared and certified for the

County General Plan in 1994. As explained in the staff reports prepared for the Planning
Commission and Board of Supervisors, the project is consistent with and furthers existing goals,
policies, and implementation recommendations of the General Plan, is not expected to result in
any new environmental impacts, and any potential impacts which could occur as a result of

in the 1994 EIR. Therefore, no
implementation ofthe project have been adequately evaluated
General Plan amendment.
additional environmental review is necessary for the

B. Public Participation. Six stakeholder meetings and three community meetings were

held to receive public comment on the preliminary recommendations for the proposed General

Plan amendment, which provided ample opportunity for public involvement in accordance with
Government Code section 65351.

Q_ Planning Commission Public Hearing and Recommendation, The Planning

Commission held properly noticed public hearings on the proposed General Plan amendment
Code section 65353, and based upon
July 6,2006 and August 3, 2006 as required by Government
to
forward
a favorable written
the infonnation provided within the staff report, voted
recommendation to the Board of Supervisors regarding adoption ofthe proposed General Plan
on

amendment, in compliance with Government Code section 65354.

D. No Substantial Modifications Requiring Planning Commission Reconsideration, The

Board of Supervisors has not made any substantial modifications to the proposed General Plan
amendment that were not previously considered by the Planning Commission when the Planning
Commission forwarded its written recommendation to the Board.

E. Amendment in Public Interest. Adoption of tlie proposed General Plan amendment is

in the public interest. The proposed policies and explanatory text will clarify, augment, and
improve existing County policies regarding the use ofDesign Review zoning for viewshed
on steep slopes, and ridgeline and hilltop
protection, grading and terrain alteration, development
and aesthetic hillside development.
development, to better ensure environmentally-safe
Resolution of the Board of Supervisors

Amending the General Plan to Add Provisions

Related to Viewshed Protection

Page 2 of 3

F. No General Plan Inconsistencies. Adoption of the proposed General Plan amendment

would not create any internal General Plan inconsistencies or otherwise cause the General Plan to
be deficient.

G. Information Considered. In taking action on the Project, the Board fully reviewed and

considered the information contained in the staff reports, Planning Commission

recommendations, oral and written testimony received from members of the public and other

in reports, correspondence, studies,
public agencies, and additional information containedreferenced
in the administrative record of
proceedings, and other matters ofrecord included or

these proceedings.

NOW,THEREFORE,BE IT RESOLVED by the Board of Supervisors ofthe County
of Santa Clara, State of California, that the County General Plan is hereby amended as follows:
The “Growth & Development Chapter” for Rural Unincorporated Area Issues and

Policies, Part 3 of Book B the Santa Clara County General Plan, shall include the section
entitled ’“Strategy #3: Ensure Environmentally-Safe and Aesthetic Hillside
Development," pages K-7 through K-18,inclusive, attached hereto as Exhibit 1.
PASSED AND ADOPTED by tire Board ofSupervisors of the County of Santa Clara,

State of California on

by the following vote:

AYES:
NOES:

ABSENT:
ABSTAIN:

James T. Beall, 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

Exhibits to this Resolution:
1.

„ vv
“Strategy #3: Ensure Environmentally-Safe and Aesthetic Hillside Development, pp. K.-/

through K-18 inclusive.

Resolution of the Board of Supervisor

Amending the General Plan to Add Provisions
Related to Viewshed Protection

Page 3 of 3

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 of tlie 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 to read as follows:
§ 3.20.040 -di District(Santa Clara VaBey 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:

1. 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
constmeted 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

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,

c. Grading. Except where subsection G,Exemptionfor Sites Not Visible,
applies, Tier 1 projects requiring a grading pemrit 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.

2. Tier 2: Projects where gross floor area (see § 1.30.030) ofthe primary

dwelling is between 5,001 square feet and 12,500 square feet. Additional
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 tire 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.
Design Review Required. Building projects classified under Tier 3 shall
a.

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.
Page 2 of 20

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(LRVj. 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 tire 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 tlie following exceptions:(a) Any
architectural component where fa9ade 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 feel to be
deemed discontinuous for the purposes oftliis 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 background 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 simated 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 (sec § 5.50.060).
Additional visibility analysis tools and methods may be utilized by staff to ftirther
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 ofthe property owners, including future
property ovwiers. 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 ofthe conditions and tlieir obligation to
uphold them.

I.

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

3. The application for a building permit to construct the new building is filed
within two years ofthe 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 ofsubsection
C. Where original building plans cannot be produced, massing standards shall
apply.
I

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 tliat is sited in a different location tlian the original, or is
larger in floor area, or both, shall be subject to tire 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

Purpose
Applicability

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

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

of the Cotmty of Santa Clara Ordinance Code, is amended to read as follows:
§ 3.20.050 -d2 District(Milpitas Hillsides)

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

B.

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.

Height. Tlie 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 stmcture 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 structure or building that is auxiliary 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.
I

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.

I

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 ofspecies (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: AnimaJs 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 roofframing(see “story, half’ for eonditioned “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 tlie
stmcture by a masonry division or firewall without any window, door or other opening
and the masoniy division or firewall extends from tlie ground to the upper surface ofthe
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 stmctures 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 oftwo 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 tlie

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 ofthe right-of-way thereof;

provided, however, that if only a part-widtli 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 ofsuch part-width portion parallel to the side lines of such partPage 7 of 20

width portion. If tlie 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 ofthe 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 ofthe several floors of a
building, as measured from the rough exterior faces of the exterior walls, or(if

applicable)from tlie 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%

7'MIN

enclosed by perimeter walls. It includes
the horizontal area of an interior stairway

w

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)
dimensions for at least 70 contiguous

i
Arek Includedin
GflOSS FLOOR AREA

m

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): Detennined 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’

p

fee access corridors which are less
than 25 feet in width shall be
excluded from floor area

Ik

*

#

-£1

NET LOT AREA

(EG.. 10,000 SF)

calculations.
FAR= GROSS FLOOR AREA
NET LOTAREA

(EG:

5.000

= FAR 0.5)

Fig.1.30-2

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
t

>.

through the stracture site (see Figure 1.30-3b
for measurement

details).

Fig. 1.30-3a

Building Height

I

1

Page 9 of 20

t

MAXIMUM

ALLOWED
HEIGHT

Fig. 1.30-3b
HEIGHT MEASUREMENT

(Irregular Topography)

PROJECTED GRADE--

UNPER HIGH POINT r
(Average of these two points)r-

B
-c>

ELEVATION
VIEW
CROSS
SECTIONS
PerimoJer Grado

I

(North Elevation)

i

I
I

f
A

-:.S
1

i
?;

£2:
B-

Page 10 of 20

Lcgal-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 ofsurvey. 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 ofthe lot.

Lot area, net: The net area of a lot specified as such on a recorded parcel map, tract map

or record ofsurvey, 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

T

CORNER

CORNER

LOT

LOT

INTERIOR
LOT

INTERIOR
LOT

deemed a comer lot.

DOUBLE

FRONTAGE LOT

KEY

I

KEY

FLAG
LOT

LOT

i

LOT

Fig. 1.30-4
I

Classification of Lots

CORNER

INTER-

LOT

lOR

LOT

f

Page 11 of 20

INTER- CORNER
lOR
LOT

LOT

f

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 ofright-of-way)
to the rear line measured in the general direction of the side lines of the lot.
Lot frontage: Tire 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 ofa 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 puiposes 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-widtli 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
(width/length) of the main portion of the lot (portion that excludes access
corridor). The line abutting the interior terminus of the access comidor 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 ofthe two lines
abutting a street(see Paragraph 2 above).
6. The rear lot line is

r

generally the line that

SIDE EXTERIOR

—©

SIDE

is most distant and

I O
a:

O

opposite the front lot
line. On a triangular

cc

q:

(fe

lot or other lot where

SIDE

CORNER LOT

INTERIOR LOT

no logical rear lot line
exists, the rear setback

FLAG LOT

may be taken as a
radius from the point of

1
SIDE

intersection of side lines most

£

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

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 determination shall

consider in the following order of
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)die existing
development on the subject
lot and the degree to which it
may confomi to more than
one possible determination,

REAR SETBACK

(RADIUS)

X R^R
I

\
\

t Of

\

Q

/^

'\

a
:

C)—

SIDE

'

!

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 ofthe 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 pennanently attached to their body or
frame, are considered manufactured homes ifthey 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 of the
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 HI 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 “manufachired home.”

Nonconforming use, lot, or structure: The term “nonconforming” shall mean legalnonconforming. Sec “legal-nonconforming use, lot or structure.”
Official plan line: A line representing the maximum planned width ofa right-of-way,
including future right-of-way, as defined in Section C12-700 of the County Ordinance
Code.

Open land historic: The unimproved or undeveloped portion of tlie 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, firm, association, corporation, 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 of land treatment that minimizes water

degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and

otlier 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 surrounding 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 Plistorical 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 ofland 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

architectaral 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 widtli 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 ofthe 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 “basement” 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

i

2. The finished floor level
6'

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

'.III—I

adjacent finished
GRADE
• LESS THAN 50%

ip =,JjPsllJslIl

LESS THAN 6'

> 50%

< 50%

ABOVE ADJACENT
GRADE

“Grade” shall be final grade at tire
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
the dimensional criteria for habitable space(70
2' tJlAX.^;:^
square feet or larger with a minimum seven (7)
feet clearance in each of three (3) dimensions),
but is limited such that the wall plates on at least
two(2)opposite exterior (vertical) walls, which
constitute at least 50 percent of the perimeter wall
area at that floor level, are not more than two(2)
feet above rough floor level.

HALF STORV
FULL STORY

FULL STORY

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 26

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 “structure”
includes “building.”

Urban service area; Land within the sphere ofinfluence ofa 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
Coimty 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, runs 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 widtli of the lot lying between the front lot
line and the nearest line ofthe 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.
3. The rear yard extends
across the full width of

the lot lying between

SIDE YARD

the rear lot line and the

I,1.I.I.I1.I1I11LLL

nearest line of the

primary dwelling.

Fig. 1.30-8

Page 17 of 20

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

of the County of Santa Clara Ordinance Code, i.s 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 structures are deemed minor in character and are in aU 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 performed prior to paving docs not require a grading
permit;

D.

Any decks (regardless of height), carports, trellises or other structures attached to
a dwelling tliat 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 tire

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 1, Zoning,

of die 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.

B.

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

C.

Decks where those portions offloor surface that exceed 30 inches in height above
grade comprise a total surface area exceeding 1,000 square feet;

D.

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));

E.

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;

//

]

//
I

//

//
//

//

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 ofCalifornia 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:

I
I

!

Lizanne Reynolds
Deputy County Counsel

Page 20 of 20