Title C — CONSTRUCTION, DEVELOPMENT AND LAND USE

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TITLE C - CONSTRUCTION, DEVELOPMENT AND LAND USE Division C1 - GENERAL PROVISIONS[[1]]

Footnotes:

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Editor's note— Ord. No. NS-1100.38, § 1, adopted Nov. 2, 1971, added provisions codified herein as Div. C1, §§ C1-1—C1-75. Former § C1-1 has been renumbered as § C1-56 for proper classification.

CHAPTER I. - IN GENERAL ARTICLE 1. - DEFINITIONS

Sec. C1-1. - General.

Unless the provisions or the context otherwise requires, the definitions of this article shall govern the construction of this title and those chapters in this title that incorporate various codes by reference.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-2. - City.

"City" means the County of Santa Clara.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-3. - Building Department.

"Building Department" means the building inspection functions of the Department of Planning and Development.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-3.16, § 26, 10-8-74; Ord. No. NS-300.223, § 2, 3-30-76; Ord. No. NS-300.357, § 24, 5-25-82)

Sec. C1-4. - Building Official.

"Building Official" means the Building Inspector of the Department of Planning and Development of the County of Santa Clara.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-3.16, § 27, 10-874; Ord. No. NS-300.223, § 3, 3-30-76; Ord. No. NS-300.357, § 24, 5-25-82)

Sec. C1-5. - Housing and Advisory Appeals Board.

"Housing and Advisory Appeals Board" means the Board of Supervisors.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-6. - Health Officer.

"Health Officer" means the Director of the Public Health Department.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-7. - Chief of Fire Department.

"Chief of Fire Department" means the County Fire Marshal or the chief of the fire protection and prevention agency having jurisdiction over fire protection and prevention.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-8. - Fire Department.

"Fire Department" means the County Fire Marshal or the fire protection and prevention agency having jurisdiction over fire protection and prevention.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-9. - Authority.

"Authority" means the Building Inspector of the Department of Planning and Development of the County of Santa Clara.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-3.16, § 28, 10-8-74; Ord. No. NS-300.223, § 4, 3-30-76; Ord. No. NS-300.357, § 26, 5-25-82)

Sec. C1-10. - Administrative authority.

"Administrative authority" means the Building Inspector of the Department of Planning and Development of the County of Santa Clara.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-3.16, § 29, 10-8-74; Ord. No. NS-300.223, § 5, 3-30-76; Ord. No. NS-300.357, § 27, 5-25-82)

Sec. C1-10.1. - Reserved.

Editor's note— Section 1 of Ord. No. NS-1100.113, adopted Aug. 24, 2010, deleted § C1-10.1, which pertained to "Remodel" and derived from Ord. No. NS-300.647, adopted Jan. 23, 2001.

Sec. C1-10.2. - Reserved.

Editor's note— Section C1-10.2, defining "Manager" and "Manager of the Building Inspection Division," derived from Ord. No. NS-300.223, § 6, adopted Mar. 30, 1976, was repealed by § 1 of Ord. No. NS1100.72, adopted Aug. 18, 1987.

Sec. C1-10.3. - Reserved. Sec. C1-10.4. - Director of Building Inspection Division.

"Director of Building Inspection Division" means the Building Inspector.

(Ord. No. NS-3.19, § 5, 5-4-76)

Sec. C1-10.5. - Reserved.

Sec. C1-10.6. - Subdivisions and land development definitions.

As used in Division C12 (commencing with Section C12-1) of this title, with respect to the functions of County Surveyor and other engineering functions directly related to problems and needs of land development, including land development plans and pertinent regulations, the terms "County Engineer," "Department of Public Works," "Director of Transportation Agency," "Transportation Agency," and "Engineering Services Division of the Transportation Agency," mean the County Surveyor.

(Ord. No. NS-3.19, § 6, 5-4-76)

Sec. C1-11. - General definition.

Any title, position, agency or function referred to in any of the codes incorporated by reference in the various chapters of this title and not specifically defined herein shall be deemed a reference to the appropriate County title, position or department.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Secs. C1-12—C1-21. - Reserved.

ARTICLE 2. - REBUILD THRESHOLD FOR RESIDENTIAL ALTERATION

Sec. C1-22. - Rebuild threshold.

(a)

Intent. The intent of this section is to establish a rebuild threshold for residential alteration projects that would determine the applicability of certain permitting procedures and requirements. A residential project classified as "rebuild" pursuant to this section shall be treated as a new residence.

(b)

Rebuild threshold. Alterations that result in demolition of more than 50 percent of the lineal feet of existing legally established exterior and interior walls shall be classified as a "rebuild." Additional demolition is only allowed pursuant to Section C1-22(f). The term "walls" as used herein includes vertical construction that partitions or encloses a building, and any other structural components below the roof portion and above the foundation portion.

(c)

Demolition Plan. Any project proposing demolition or partial demolition shall include a demolition plan submitted with the building permit application that meets the following minimum requirements:

Provide total lineal footage of all existing legally established exterior and interior walls.

2.

Label and identify the total lineal footage of each wall proposed to be demolished.

3.

Label and identify the total lineal footage of each wall proposed to remain.

4.

Provide a table that documents the total lineal footages of (1), (2), and (3) separately.

(d)

Cumulative alterations. All cumulative alterations to a building within the previous two years shall be included when determining whether the scope of work constitutes a remodel or a rebuild.

(e)

Acknowledgement of scope. Building permit applicants shall provide a signed acknowledgement form when the proposed demolition work is within ten percent of the rebuild threshold set forth in Section C122(b). Such acknowledgement shall indicate that the applicant is aware of the scope of the project and will only perform or allow work within that scope unless a building permit revision is subsequently authorized by the County. The form shall further require that any construction defects or damages discovered after construction has begun shall be promptly reported to the Building Inspection Office.

(f)

Special consideration for unforeseen defects and damages. If construction defects or damages (e.g., pest or water damage) are discovered after construction has started that were not predictable or known by ordinary means, including, but not limited to, such pest damage reports and other inspections and precautions, construction work shall cease immediately and the Building Inspection Division shall be notified within three business days of discovery. The Planning Manager, in consultation with the building official, shall review the unforeseen defects or damages and may allow the rebuild threshold to be increased by up to an additional ten percent of the total existing exterior and interior walls to account for unforeseen defects and damages.

(Ord. No. NS-1100.113, § 2, 8-24-10; Ord. No. NS-1100.136, § 2, 12-13-22)

Editor's note— Sec. 3 of Ord. No. NS-1100.113 allows for an effective date of October 1, 2010, and states: "This ordinance shall not apply to discretionary land-use applications that include house plans (floor plans and elevations) that have been deemed complete or approved prior to October 1, 2010 ("Grandfathered Projects"), or for which a building permit application has been accepted by the Building Inspection Officer prior to October 1, 2010 ("Grandfathered Projects"). For the purpose of rebuild/remodel determinations, a property owner may elect to have a Grandfathered Project be governed by the

rebuild/remodel provisions that take effect on October 1, 2010 or the rebuild/remodel provisions that were in effect immediately prior thereto."

Secs. C1-23—C1-37. - Reserved.

ARTICLE 3. - APPEALS TO DEVELOPMENT REVIEW BOARD[[2]]

Footnotes:

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Editor's note— Sec. 46 of Ord. No. NS-300.967, adopted November 15, 2022, amended Art. 3 in its entirety to read as herein set out. Former Art. 3 pertained to appeals to the Code Enforcement Appeals Board, and derived from Ord. No. NS-1100.103, adopted June 24, 2008; and Ord. No. NS-1100.134, adopted August 31, 2021.

Sec. C1-38. - Appeal to Development Review Board.

Any final decision, notice, or order by the Building Official or their duly authorized representative with respect to the suitability of alternate materials, alternate methods and types of construction, or interpretation or decision under the building, fire, plumbing, electrical, and mechanical codes shall be given in writing. Any interested person dissatisfied with such decision may file with the Clerk of the Board of Supervisors a written appeal to the Development Review Board specifying the reasons for the appeal within ten calendar days after written notice of the decision. Pursuant to Division C2 of this Code, the

Development Review Board shall hold a public hearing on the matter within 60 days of the notice to appeal, or as soon thereafter as a quorum can be assembled. Notice of the time and place of such hearing shall be given to the appellant and Building Official not less than five calendar days prior to the hearing. The Development Review Board may continue the hearing for good cause. The Development Review Board shall hear the matter and approve, disapprove, or modify the decision of the Building Official.

(Ord. No. NS-300.967, § 46, 11-15-22)

Sec. C1-39. - Term "Building Official" includes Fire Marshal.

The term "Building Official," in this article, includes the Fire Marshal.

(Ord. No. NS-300.967, § 46, 11-15-22)

Sec. C1-40. - Appeal to Board of Supervisors.

Any interested party dissatisfied with the decision of the Development Review Board may file with the Clerk of the Board of Supervisors a written appeal to the Board of Supervisors specifying the reasons for the appeal within ten calendar days after the decision of the Development Review Board. Notice of the time and place of such hearing shall be given to the appellant and Building Official not less than five calendar days prior to the hearing. The Board of Supervisors or designee shall hear the matter de novo and approve, disapprove, or modify the decision of the Development Review Board. The decision of the Board of Supervisors or designee shall be the final decision of the County.

(Ord. No. NS-300.967, § 46, 11-15-22)

Sec. C1-41. - Notices.

All notices given under this Division, including, but not limited to, any final decision, notice, or order by the Building Official or their duly authorized representative and any appeal thereof, shall be deemed effective when delivered personally or when placed in the United States mail depository, postage prepaid, to the recipient's last known address.

(Ord. No. NS-300.967, § 46, 11-15-22)

Sec. C1-42. - Effect of Building Official's decision during appeal period.

The Building Official's decision, notice, or order shall remain in effect unless or until it is disapproved or modified by a final decision of the Development Review Board or if subsequently appealed, the Board of Supervisors.

(Ord. No. NS-300.967, § 46, 11-15-22)

Secs. C1-43—C1-51. - Reserved. ARTICLE 4. - PROPERTIES SUBJECT TO ANNEXATION[[3]]

Footnotes:

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Editor's note— Section 1 of Ord. No. NS-1100.59, adopted Feb. 3, 1981, repealed Art. 4, §§ C1-52—C156, relating to annexation, derived from Code 1954, § 11.1.5-1; Ord. No. NS-1100.14, 11, adopted Sept. 21, 1959; and Ord. No. NS-1100.38, § 1, adopted Nov. 2, 1971. Section 2 of Ord. No. NS-1100.59 enacted a new Art. 4, § C1-52.

Sec. C1-52. - Properties subject to annexation.

(a)

No application for a building permit, single building site approval or subdivision shall be accepted for filing for any parcel of land within a city's urban service area and which is:

(1)

Contiguous to the city; or

(2)

Separated from the city by the width of a public street or highway; or

(3)

Located within territory entirely surrounded by one or more cities and adjoining a portion of a public street or highway which is no more than 300 feet in length connecting the parcel to territory within the city;

unless a petition or resolution initiating annexation of the parcel to such city has been filed with the appropriate local agency and denied, or unless the city council or its planning director has, in writing, waived the provisions of this section.

(b)

This section shall not prevent the filing of any application for, or a modification of, a zone change or permit for any or all of the following:

(1)

Remodel or addition to an existing single-family residence and construction of new accessory structures (including swimming pools and subordinate secondary dwelling units) for an existing single-family residence;

(2)

Reconstruction of any structure destroyed by fire, flood or other casualty beyond the control of the property owner;

(3)

Replacement of a structure because of condemnation proceedings;

(4)

Minor alterations of or additions to existing duplexes, multifamily dwellings, commercial and/or industrial structures and uses and construction of minor accessory structures and parking areas for any of the foregoing existing structures and uses.

(c)

For the purpose of (b)(4) above, "minor" shall mean changes which do not substantially alter or significantly intensify the existing primary land use. Such determination shall be made mutually by the Planning Directors or their designees of the County and the affected city within ten days of the applicant's written request for a determination. Upon their failure to agree, the matter shall be referred to the members of the local agency formation commission, which shall henceforth constitute the County reviewing body. The determination of this reviewing body shall be final.

(d)

This section shall not prevent the filing of applications for a building permit on any parcel with one or more of the following currently valid approvals or permits: single building site approval, architectural and site approval, for a use authorized under a use permit, an approved building site on a parcel map or final map.

(e)

This section shall not apply to lands owned by the County or to educational facilities and facilities incidental to the operation of an educational institution, including, but not limited to, housing for students, faculty and staff thereof, provided such educational institution owns more than 2,000 contiguous acres of land and

provided such facilities are supplied with services essentially equivalent to those typically provided by cities, such as sewers, storm drains, water, police and fire protection, and parks and recreation, which determination shall be made by the Planning Director.

(Ord. No. NS-1100.59, § 2, 2-3-81; Ord. No. NS-1100.61, § 1, 8-10-81; Ord. No. NS-1100.64, § 1, 4-19-83; Ord. No. 1100.65, § 1, 11-29-83; Ord. No. NS-1203.69, §§ 1, 2, 7-24-84; Ord. No. NS-1203.75, § 1, 7-2385; Ord. No. NS-300.647, § 2, 1-23-01; Ord. No. NS-1200.309, § 4, 1-28-03)

Secs. C1-53, C1-54. - Reserved.

Sec. C1-55. - Properties annexed to cities but returned to County jurisdiction pursuant to Government Code § 35004 [now repealed].

In the event that unincorporated territory of the County is annexed to a city and jurisdiction over such territory reverts to the County pursuant to Government Code § 35004 [now repealed] while the validity of the annexation proceedings is examined in court, the following policies shall apply to the development of properties within such territory;

(1)

Whenever a development project has received final discretionary approval by a city prior to reversion of jurisdiction pursuant to Government Code § 35004 [now repealed], if the underlying land use is allowed in the zoning district in which the property is located, the County shall accept such approval and allow the project to proceed subject to fulfillment of any conditions established by the city and inspections, utility hookups and other ministerial actions normally taken or required by the County for the completion of the project. County departments shall charge fees for services provided to such development projects in accordance with fee schedules adopted by the Board of Supervisors.

(2)

If an application for a development project has been filed with a city but the city has not granted final discretionary approval to the project prior to reversion of jurisdiction pursuant to Government Code § 35004 [now repealed], a new application may be filed with the County notwithstanding the provisions of Section C1-52 of this article. When there is no conflict with adopted County standards, the land development policies, standards and decisions of the annexing city shall be used as the primary guide for actions taken on such development projects.

(3)

For the purposes of this section, "development project" means any activity involving the issuance of a permit or other entitlement for the use or division of any parcel of land or for the erection, installation, construction, reconstruction, modification or repair of any structure or improvement on land or for the grading or removal of materials on real property. "Development project" does not include zone changes.

(Ord. No. NS-1100.60, § 1, 3-16-81)

Secs. C1-56—C1-66. - Reserved. ARTICLE 5. - PERMITS, PROHIBITIONS AND PENALTIES

Sec. C1-67. - Permits.

No person shall engage in any work, or cause any work to be performed, for which a permit or approval is required by any provision of this title, without first obtaining a permit or approval in accordance with the provisions of this title. County of Santa Clara public facilities are exempt from the requirement to obtain permits or other approvals that may be required pursuant to the County Building Code, County Residential Building Code, County Green Building Standards Code, County Plumbing Code, County Electrical Code and County Mechanical Code. Any exemption from the permit requirements of such codes shall not be construed as authorization to perform any work in any manner that violates the provisions of such codes or any other County ordinances, codes or standards.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.102, § 2, 12-11-07; Ord. No. NS-1100.115, § 2, 1214-10)

Sec. C1-68. - Reserved.

Editor's note— Section C1-68, requiring an electrical permit, derived from Ord. No. NS-1100.38, § 1, adopted Nov. 2, 1971; Ord. No. NS-1100.47, § 2, adopted Mar. 20, 1978; and Ord. No. NS-1100.49, § 1, adopted Nov. 6, 1978, was repealed by § 2 of Ord. No. NS-1100.72, adopted Aug. 18, 1987.

Sec. C1-69. - Fees.

The Board of Supervisors may, by resolution, establish a schedule of fees to be charged and collected for services performed related to permits issued pursuant to the County Building Code, County Residential Building Code, County Green Building Standards Code, County Plumbing Code, County Mechanical Code and County Electrical Code, and for such other building, construction and development regulations as may be incorporated in this title.

(Ord. No. NS-100.38, § 1, 11-2-71; Ord. No. NS-100.41, § 2, 11-14-72; Ord. No. NS-3.16, § 32, 10-8-74; Ord. No. NS-3.19, § 7, 5-4-76; Ord. No. NS-1100.102, § 3, 12-11-07; Ord. No. NS-1100.115, § 3, 12-14-10)

Sec. C1-70. - Unlawful acts.

(a)

It is unlawful for any person to engage in any work for which a permit is required by this title without first securing, or causing the securing, of such permit from the Building Official. It is unlawful to use, occupy or maintain any building or structure, or cause the same to be done, in violation of the provisions of this title, or in violation of any of the provisions of the codes incorporated herein.

(b)

The Building Official may issue a permit to an owner-builder exempt from having a license under state law.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-71. - Violations of laws.

(a)

Except as otherwise provided in this section, no permit required by this Code shall be issued to any applicant, and no final inspection shall be made, in connection with any premises or portion thereof upon which there exists a violation of any County ordinance or State law.

(b)

Permits may be issued to applicants in connection with any premises or portion thereof on which there exists a violation of a County ordinance or State law if the applicant has executed a compliance agreement and is in the process of completing or has completed the repairs, construction, or reconstruction described in the compliance agreement.

(c)

At the discretion of the Director of the Department of Planning and Development permits may be issued to applicants in connection with any premises or portion thereof on which there exists a violation of a County ordinance or State law when such permits are required to abate or remedy a violation of a County ordinance or State law that exists on the premises or a portion thereof, and at least one of the following applies:

(1)

The permits do not expand an existing use or add a new use;

(2)

The permits are immediately necessary to protect public health, safety, or welfare;

(3)

The permits will allow for the full abatement of all existing violations on the premises.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.120, 5-20-14; Ord. No. NS-1100.133, § 1, 1-26-21; Ord. No. NS-300.967, § 47, 11-15-22)

Sec. C1-72. - Penalties.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, who violates or causes the violation of any provision of this title or any of the codes incorporated thereunder or fails to comply with any mandatory requirement of this title or any of the codes incorporated thereunder is guilty of a misdemeanor and shall be subject to the penalties provided for in Section A1-28 of this Code.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.69, § 1, 1-7-86; Ord. No. NS-1100.92, § 1, 6-7-05; Ord. No. NS-300.1003, § 6, 11-18-25)

Sec. C1-73. - Enforcement.

(a)

Any act or omission prohibited by this title or any of the codes adopted thereunder is hereby declared to be unlawful and a public nuisance. Pursuant to section 836.5 of the California Penal Code, the Building Official

and his or her representatives are hereby authorized to enforce the provisions of this title and to issue citations for violations thereof. The Building Official and his or her representatives may also seek to abate the nuisance pursuant to Chapter III of Division A1 of Title A of this Code. The Building Official and his or her representatives may also, through the Office of the District Attorney or the Office of the County Counsel, apply to any court of competent jurisdiction for a suitable remedy at law or in equity. In addition to any other relief that the court deems appropriate, the court shall require the violator to reimburse the County for all costs and expenses related to the violation, including but not limited to staff time, abatement and inspection costs, and reasonable attorneys' fees. To the extent required by Government Code Section 25845, in a nuisance abatement action the prevailing party may recover attorneys' fees; however, an award of attorneys' fees against the County shall not exceed the amount of attorneys' fees incurred by the County in the action.

(b)

There shall be no civil liability on the part of, and no cause of action shall arise against, the Building Official or his or her representatives acting pursuant to this section and within the scope of his or her authority.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.72, § 3, 8-18-87; Ord. No. NS-1100.76, § 1, 1-1089; Ord. No. NS-1100.92, § 2, 6-7-05; Ord. No. NS-1100.101, § 1, 8-7-07)

Sec. C1-74. - Expiration of permit, fee refunds.

(a)

Expiration. Every permit issued by the building official shall expire and become null and void if the building or work authorized by the permit is not commenced within 12 months from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned for a period of 12 months at any time after the work is commenced. Before such work can be recommenced, a new permit shall be obtained, and the fee therefor shall be in the amount required for a new permit for the remaining uninspected work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that the suspension or abandonment has not exceeded one year.

Any permittee holding an unexpired permit may apply for an extension of the time within which they may commence work under that permit when they are unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from taking place.

(b)

Fee refunds.

(1)

The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

(2)

The Building Official may authorize the refunding of any fee paid herein which was erroneously paid or collected.

(3)

The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

(4)

The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done.

(Ord. No. NS-1100.38, § 1, 11-2-71; Ord. No. NS-1100.72, § 4, 8-18-87; Ord. No. NS-1100.117, § 2, 12-1013; Ord. No. NS-1100.136, § 3, 12-13-22)

Sec. C1-75. - Liability of County.

This title shall not be construed as imposing upon the County any liability or responsibility for damages resulting from defective building, plumbing, electrical or heating work; nor shall the County or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection authorized thereunder.

(Ord. No. NS-1100.38, § 1, 11-2-71)

Sec. C1-76. - Notices of code violations.

Whenever the Building Official or his or her representative has knowledge of a violation of any provision of this title or any code adopted thereunder, the Building Official or his or her representative may provide a notice of intent to record a notice of code violation to the owner of the property upon which the violation is located. Notice shall be provided by posting on the property and by mail at the address shown on the latest assessment roll or at any other address of the property owner known to the Building Official. The notice shall state that within 20 days of the date of the notice, the owner may request a meeting with the Building Official or his or her representative to present evidence that a violation does not exist.

If a meeting is not requested, the violation has not been corrected, or if after consideration of evidence the Building Official or his or her representative determines that a code violation in fact exists, a notice of code violation may be recorded in the Office of the County Clerk-Recorder.

At the request of any affected property owner, the Building Department shall issue a notice of expungement of the code violation upon determination by the Building Official or his or her representative that all of the violations noticed hereunder have been corrected and all related fees have been paid. The notice of expungement may be recorded with the County Clerk-Recorder by the affected property owner at the owner's expense.

(Ord. No. NS-1100.62, § 1, 6-8-82; Ord. No. NS-1100.92, § 3, 6-7-05)

Secs. C1-77—C1-79. - Reserved.