Chapter 2.50 — SPECIAL PURPOSE BASE DISTRICTS[[4]]

Footnotes:

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Editor's note— Ord. No. NS-1200.311, § 1, adopted June 3, 2003, repealed former Ch. 2.50, §§ 2.50.010 —2.50.030, which pertained to special purpose base districts. Section 2 of said ordinance enacted provisions designated as a new Ch. 2.50 to read as herein set out. See also the Code Comparative Table.

The purpose of this chapter is to define allowable uses and property development standards for the special purpose base districts, which include the A1 "General Use," RS "Roadside Services," OS/F "Open Space and Field Research," and SCA "Special Conservation Areas" districts. The overall purposes of the special purpose base districts are to provide for uses that do not fit neatly into the rural, residential, commercial, or industrial category but are necessary to implement the general plan. The specific purposes of each of the special purpose base districts are described below.

A

A1 General Use. The purpose of the General Use district, also known as the A1 district, is to provide a flexible base zoning district that allows general residential and agricultural uses, and provides opportunities through the use permit process for other uses and developments that are appropriate for a particular location, consistent with the objectives, goals and policies of the general plan.

B.

RS Roadside Services. The purpose of the Roadside Services district, also known as the RS district, is to allow specific and necessary highway uses and services within clusters at appropriate locations necessary to serve the motoring public. Such uses shall be located a sufficient distance from other RS districts to prevent strip commercial development and protect the existing scenic features, landscape and open space character along certain scenic roads. Scenic amenities shall be enhanced by choice of construction materials, landscaping, site planning and development in such a manner that the scenic value at the location of the development and the scenic view from said highways shall not be compromised. This district is meant to apply to all parcels designated Roadside Services in the general plan.

C.

OS/F Open Space and Field Research. The purpose of the Open Space and Field Research district, also known as the OS/F district, is to implement the December 2000 Stanford University Community Plan (General Plan) policies for the Open Space and Field Research land use designation. This zoning district is established to maintain the open space character of those Stanford University OS/F lands outside the Academic Growth Boundary. Allowable uses include utilities, low intensity agriculture, limited agricultural research, field research, and Stanford field studies, limited outdoor recreational activities, recreational trails, environmental restoration, limited ancillary facilities, and Stanford University specialized facilities and

installations, such as astronomical or related facilities. Criteria and standards governing activities not defined within the standard use classification tables are addressed in Section 2.50.040.

D.

SCA Special Conservation Areas. The purpose of the Special Conservation Areas district, also known as the SCA district, is to implement the December 2000 Stanford University Community Plan (General Plan) policies for the Special Conservation Areas land use designation. This zoning district is established to protect lands deemed unsuitable for development due to their natural resources and development constraints. Allowable uses are intended to be limited to open space, conservation, habitat preservation and management, field environmental studies and related activities, appropriate agricultural and utility uses, and limited recreational uses consistent with the environmental constraints of the area. No new permanent development in the form of buildings or structures is allowed, other than construction, modification and maintenance of improvements to support conservation efforts.

(Ord. No. NS-1200.311, § 2, 6-3-03; Ord. No. NS-1200.365, § 1, 12-5-17)

The following table, Table 2.50-1, specifies the allowable land uses for the special purpose base districts, listed by use classification as defined in Chapter 2.10. The regulations for each district are established by letter designations as follows:

Supplemental regulations for the establishment and conduct of a use are referenced in the "Supplemental Regulations" column of the table. Use classifications not listed in the table are prohibited in the special purpose base districts.

TABLE 2.50-1. USES IN SPECIAL PURPOSE BASE DISTRICTS

NOTES:

1.

Within the OS/F district, tree farm operations that grow trees in containers or in the ground are consistent with the "Agriculture" use classification. Within the SCA district, agricultural uses shall be limited to nonriparian areas and areas outside of conservation easements and California tiger salamander (CTS) reserve areas managed pursuant to the Stanford Habitat Conservation Plan (HCP), except for grazing for vegetation management as specifically provided in the Stanford HCP. Within the riparian areas and conservation easement/CTS reserve areas of the SCA district, use of pesticides and herbicides shall be prohibited; however, this does not prohibit weed abatement activities, non-native wildlife or plant abatement activities (including the use of pesticides, biocides, and herbicides or other agricultural chemicals) conducted in accordance with the Stanford HCP or Stanford Special Conservation Areas Plan (SCAP).

2.

Within the OS/F district, structures ancillary to any allowed use or activity are permitted subject to the requirements of ASA (Chapter 5.40 and subsection 2.50.040(B)). Within the SCA district, no new permanent development in the form of buildings or structures is allowed, except for the construction, modification, and maintenance of improvements to support conservation efforts; structures or improvements that are necessary for safety reasons; small markers or other identifiers indicating the presence of sensitive resources (such as Native American remains); new signs, bridges, utilities, erosion control improvements; and fences; provided that they are constructed in accordance with the terms of the Stanford HCP and SCAP. This provision shall not prohibit maintenance of existing structures or improvements or prohibit the replacement of structures or improvement with new structures or improvements that serve the same purpose as the existing structures or improvements, provided any new or modified structures or improvements located within the HCP conservation easement/CTS reserve areas are approximately the same size as the existing structures or improvements.

3.

Within the OS/F district, agricultural processing is limited to low intensity processing and agricultural sales activities that would not significantly impact local transportation patterns. For example, activities such as packaging products for off-site shipping and allowing limited on-site purchase of agricultural commodities are consistent with allowable uses for this district. Activities such as a canning operation, or establishing a

commercial outlet for sale of multiple agricultural commodities, would exceed the intensity allowed in this district. Prior to establishment of any use or activity, the Planning Office must determine that such use or activity is of low intensity and consistent with the General Use Permit requirements for the OS/F district.

4.

Within the OS/F district, caretaker's residences, as defined in § 2.10.030, are allowed as follows: A cumulative total of five caretaker's residences is allowed to the extent they are consistent with all provisions of the Stanford General Use Permit and the zoning ordinance. This cumulative total includes all legal existing residential structures within the OS/F district, including any that may be legal nonconforming uses.

Any existing legal nonconforming caretaker's residences that existed on December 12, 2000, and have not been subsequently abandoned may continue to be utilized as caretaker residences. Stanford University bears the burden of establishing that any existing structure and use is legal or legal nonconforming. Consistent with all other provisions of the zoning ordinance, any legal structure that has been converted to a caretaker's residence may be relocated, replaced, or modified, so long as there is no cumulative increase in the overall square footage of all residential structures. Caretaker's residences are subject to ASA (Chapter 5.40 and subsection 2.50.040(B)). Cumulative building area (square footage and building footprint) for the five caretaker's residences shall not exceed the total square footage of documented building area for all legal or legal nonconforming residential structures that existed in the OS/F district on December 12, 2000.

5.

Facilities qualifying as "Large-Family Day-Care Homes," serving between seven and 14 children, are subject to an administrative permit, per the provisions of Division B24 of the County Ordinance Code.

6.

In Roadside Services (RS) districts, general retail sales uses must be limited in scale and ancillary to a permitted use that is primarily oriented toward serving the needs of the motoring public, consistent with the general plan.

7.

The existing Stanford University Golf Course may be modified or reconfigured within its boundaries as they existed on December 12, 2000, but the Golf Course footprint may not be expanded. Modification or replacement of the golf course clubhouse or ancillary support facilities is permitted if consistent with all applicable provisions of the Community Plan, General Use Permit, and the zoning ordinance.

8.

Massage establishments shall comply with the provisions of Division B22 of the County Ordinance Code.

9.

Within the OS/F district, composting facilities are limited to those servicing Stanford University purposes, and no other communities, jurisdictions or uses (e.g., Stanford Shopping Center).

10.

Single-family dwellings, including certain additions, may be subject to the building site approval provisions of Division C12-300-399 of the County Ordinance Code. In Roadside Services districts, single-family residential use is permitted only if incidental to and necessary to support a permitted non-residential use, as defined by the land use approval and conditions of that primary non-residential use.

11.

Within the OS/F district, Stanford specialized facilities and installations are limited to those structures or facilities that require a remote setting, including, but not limited to, facilities for astronomical or atmospheric

research. Only those structures or facilities that require isolation from sources of interference (such as noise, vibration, electromagnetic fields, or similar impediments) are allowed.

12.

Within the OS/F and the SCA districts, existing utilities may be replaced if there is no increase in size or scale of aboveground structures. Above-ground disturbance resulting from the maintenance or replacement of such structures shall be restored to pre-disturbance condition. Within the SCA district, existing utilities may be replaced with utilities that serve the same purpose as the existing structures or improvements (provided the new or modified structures or improvements located within the HCP conservation easement/CTS reserve areas are approximately the same size as the existing structures or improvements) and utilities are constructed in accordance with the terms of the Stanford HCP or SCAP.

13.

Within the OS/F and the SCA districts, new utilities may be constructed that serve either Stanford or other lands if such facilities reasonably minimize degradation to the natural environment and maintain the predominantly natural appearance and habitat values of the setting. In addition, within the SCA district, new utilities may be constructed consistent with the purposes of the SCA district, provided they are in accordance with the terms of the Stanford HCP where covered by the Stanford HCP.

14.

Utility structures and facilities may be exempt from local zoning regulations if they are established by a government agency. There may also be federal or state laws that provide exemptions for certain types of utilities.

15.

Co-location of wireless telecommunication facilities may be eligible for an ASA administrative review and approval (§ 5.40.050), where consistent with the provisions of this ordinance. Where the proposed colocation meets the criteria in Government Code § 65850.6(b) relating to previously approved facilities permitted by a means of a discretionary permit issued on or after January 1, 2007, and either a negative declaration, mitigated negative declaration, or environmental impact report was prepared and adopted, the co-location shall be reviewed for consistency with the approved plans, mitigation requirements, and conditions imposed on the existing facility, and if found consistent, will be subject only to a building permit or other applicable permits required by Title C of the County Ordinance Code.

16.

Agricultural employee housing may, on a limited basis, be used to accommodate overnight tourist stays as part of a winery (see § 4.10.395 for criteria and permitting requirements) or be used for emergency shelter in the Public Services and Supportive Housing Combining District (see § 3.80.050 for criteria and permitting requirements).

17.

Bed and breakfast inns ancillary to on-site wineries, agricultural sales operations or other agriculturally related uses shall be subject to a special permit, in lieu of a use permit, provided they are situated within the primary residence on the property.

18.

Established Religious Institutions and Nonprofit Institutions may include Emergency Shelters: Small-Scale as an ancillary use by right.

19.

Owner-occupancy of one unit is required in any single-family residence that contains a junior accessory dwelling unit. The owner may reside in either the single-family residence or the junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

20.

Small-scale permanent agricultural employee housing is allowed with a planning clearance ("C") instead of a special permit ("S") in the A1 zone where the General Plan designation is Agriculture or Rural Residential.

21.

No Architecture and Site Approval is required for Recreational Vehicle Parks.

22.

No more than four total dwelling units may be permitted on a parcel pursuant to the Urban Primary Unit use classification; however, all parcels resulting from an urban lot split pursuant to Section C12-44 shall have no more than two total dwelling units per parcel.

23.

Development on parcels with the -os designator is restricted to multi-family housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is allowable by use permit or planning clearance pursuant to § 3.75.040.

(Ord. No. NS-1200.310, § 4, 5-20-03; Ord. No. NS-1200.311, § 2, 6-3-03; Ord. No. NS-1200.324, § 7, 5-509; Ord. No. NS-1200.327, § 9, 2-9-10; Ord. No. NS-1200.331, § 3, 11-9-10; Ord. No. NS-1200.332, § 4, 11-22-11; Ord. No. NS-1200.335, § 6, 12-4-12; Ord. No. NS-1200.337, § 7, 12-18-12; Ord. No. NS1200.345, § 7, 6-10-14; Ord. No. NS-1200.351, § 4, 10-20-15; Ord. No. NS-1200.354, § 5, 9-29-15; Ord. No. NS-1200.355, § 2, 4-26-16; Ord. No. NS-1200.360, § 4, 5-23-17; Ord. No. NS-1200.364, § 1, 9-12-17; Ord. No. NS-1200.365, § 2, 12-5-17; Ord. No. NS-1200.366, § 5, 5-1-18; Ord. No. NS-1200.367, § 5, 6-1918; Ord. No. NS-1200.371, § 6, 3-10-20; Ord. No. NS-1200.375(10.20.2020), § 4, 10-20-20; Ord. No. NS1200.378, § 4, 5-25-21; Ord. No. NS-1200.383, § 4, 1-24-23; Ord. No. NS-1200.384, § 9, 12-12-23)

Sec. 2.50.030. - Development standards.

A.

Standards. Table 2.50-2 establishes property development and subdivision standards for special-purpose base districts.

TABLE 2.50-2

SPECIAL PURPOSE BASE DISTRICTS:

PROPERTY DEVELOPMENT STANDARDS

NOTES:

1.

Within the OS/F district, the optional clustering provision may be exercised (Chapter 5.45, Cluster Permit) to establish a lot of less than 160 acres. Minimum parcel size may be reduced to a minimum of two acres by the planning commission for a nonresidential cluster subdivision subject to a cluster permit (Chapter 5.45). Minimum lot area for the cluster shall be determined by the slope density formula as described for the -20s combining district in § 3.10.040 except that the reference in § 3.10.040 to density, relative to land area per dwelling unit, shall not apply in the OS/F district.

For non-residential uses, and residential uses subject to ASA, see subsection C of this section.

3.

Within the SCA district, subdivision is allowed by means of the use of the 20-160 acres slope-density formula, as further defined in Chapter 3.10, Table 3.10-2 for the -20s slope-density combining district, such that the minimum lot size shall be the same as the minimum land area required based on the average slope of the entire parcel proposed for subdivision, and no clustering or reduction of minimum lot size is allowed. No new permanent development in the form of buildings or structures is allowed, except for the construction, modification, and maintenance of improvements to support conservation efforts; structures or improvements that are necessary for safety reasons; small markers or other identifiers indicating the presence of sensitive resources (such as Native American remains); new signs, bridges, utilities, erosion control improvements; and fences, provided that they are constructed in accordance with the terms of the Stanford HCP and SCAP. Any such physical development listed above that is intended to support conservation efforts may be authorized subject to ASA or other appropriate County approval process. Time limits, setbacks, height, and any other appropriate development standards and requirements may be stipulated through the approval process.

4.

Development on parcels with the -os designator is restricted to multifamily housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is exempt from the development standards in this table.

B.

Measurements. The standards shown in Table 2.50-2 are subject to the following rules of measurement:

1.

Where a lot abuts a road, setbacks from that road shall be measured from the edge of the ultimate road right-of-way (see "setback" definition in § 1.30.030);

2.

Setbacks from all property lines not abutting a street shall be measured from the property line unless otherwise specified; and

3.

Height shall be measured according to the provisions of Chapter 1.30: Definitions: General Terms.

C.

A1 district—Standards for nonresidential uses and residential uses subject to ASA. Development on parcels with the -os designator is restricted to multifamily housing and limited mixed-use residential development, shall conform with the provisions of Chapter 3.75, and is exempt from the development standards in this

section. Setbacks and height limits for nonresidential and residential uses subject to Architecture and Site Approval (ASA) in the A1 district shall be determined by the Zoning Administrator, subject to the following limitations:

1.

Nonresidential uses adjacent to any residentially developed property may be required to provide a minimum front yard setback equal to that of the adjacent residential use; and

2.

Nonresidential uses adjacent to any residentially developed property shall be required to provide a minimum side and rear yard setback equal to one-half the height of the building closest to the setback, or five feet, whichever is greater.

(Ord. No. NS-1200.311, § 2, 6.3.03; Ord. No. 1200.317, § 23, 6-8-04; Ord. No. NS-1200.327, § 10, 2-9-10; Ord. No. NS-1200.359, § 5, 12-6-16; Ord. No. NS-1200.364, § 2, 9-12-17; Ord. No. NS-1200.365, § 3, 125-17; Ord. No. NS-1200.384, § 10, 12-12-23)

§ 2.50.040. - Review authority, special criteria, viewshed analysis, and development standards for the OS/F district.

A.

Permitted activities and criteria. The following activities, which do not involve permanent structures, are permitted by right.

1.

Environmental restoration: Activities include science-based management focused on active protection of the immediate environment or return of that environment to a pre-disturbance condition.

2.

Limited outdoor recreational activities: Activities include those that are consistent with protection of environmental resources and do not require a building, grading, or other permit. Examples include hiking and jogging on existing service roads and student field trips. Development of trails is allowed, subject to all County requirements, including, but not limited to, the grading ordinance (Division C12, Chapter III of the Ordinance Code).

B.

Open space and field research viewshed analysis and methodology. All uses or development activity subject to ASA must first be evaluated using the open space and field research viewshed analysis (OS/F viewshed analysis). Methodology guiding use of this analysis is described herein.

The OS/F viewshed analysis requires use of a geographic information system (GIS) software, copyrighted by Environmental Systems Research Institute (ESRI). A similar version of software or shareware that provides equivalent results may be substituted for the ESRI program. Consistent with other provisions of

this chapter, ArcGIS, Version 8.2 (or subsequent versions as that software may be revised) and the spatial analyst extension for that software shall be used as described in the following paragraphs. Paper maps may be produced as illustrative tools for project evaluation; however, the methodology described in this subsection, rather than any paper map, must be used to determine project-specific visibility.

Along the viewshed corridors identified below, observation points shall be established within a range of 100- to 250-foot intervals. Utilizing current topographic data available from the U.S. Geological Survey or an equally verifiable public source, the software program that is utilized for viewshed analysis establishes the total number of times a given pixel (i.e., zone of observation) within the district would be visible from individual viewshed corridors. Based on the total number of times each pixel is visible, an aggregate value for observation frequency is established. This frequency is then used to designate visibility zones that are, in descending order: (1) high, (2) medium-high, (3) medium, or (4) low. Areas that are never visible are identified as "no-visibility" areas.

Viewshed Corridors:

1.

Junipero Serra Blvd. (from San Mateo County border to Page Mill Road).

2.

Page Mill Expressway (from Junipero Serra to Arastradero).

3.

Arastradero Road (from Page Mill Road to Alpine Road; and from Page Mill Road to Deer Creek Road).

4.

Alpine Road/Sand Hill Road corridor (from Arastradero Road to Arboretum).

5.

Interstate 280 (from Sand Hill Road to Arastradero Road).

6.

Stanford Avenue approach to "the Stanford Dish Trail" access.

7.

Palm Drive (from Arboretum to the end of "the Stanford oval.").

Because the software model does not account for existing ground features (e.g., trees, rocks, minute topographic detail) or for constructed features (e.g., buildings, structures, infrastructure), project-specific site analysis may be used to verify or revise site-specific visibility ratings. Project-specific analysis may include, but is not limited to:

•

Additional information shown on the site plan or other documents (e.g., contour lines) that is available and relevant;

•

Photographs of the project site from viewshed corridor;

•

Placement of site-specific indicators of project bulk (length, width, height) and dimension (e.g., story poles, ground staking); and,

•

Site visits and/or assessments of visibility from viewshed corridors by County planning staff.

Based on the results of the project-specific analysis, it may be determined that the project location visibility would be obscured. In such instances, the project's visibility designation may be revised downward for the purpose of determining the appropriate review authority (e.g., a high visibility zone could be revised, relative to a specific project, to become a medium-high zone).

Conversely, if any component of a proposed project in a zone of medium-high, medium, low, or no visibility would be within the line of sight of the next higher visibility zone, the project will be determined to be within the higher visibility zone (e.g., projects in a medium-high zone could be determined to be in a high visibility zone).

Based on the visibility designation determined through use of the OS/F viewshed analysis described in this subsection, the appropriate review authority shall be determined pursuant to subsection 2.50.040(C).

C.

Review authority.

1.

Zoning Administrator. The Zoning Administrator is the approving authority for all uses subject to ASA in the OS/F district except as otherwise provided in this section and within Chapter 5.40.

2.

Planning Commission. The Planning Commission is the approving authority for all uses subject to ASA in the OS/F district that meet either of the following criteria:

a.

The project involves construction of (i) a building or structure that equals or exceeds 1,000 square feet or (ii) a tower, antenna or other structure that exceeds 35 feet in height from grade and the planning office determines, through use of the OS/F viewshed analysis (§ 2.50.040(B)), that a project component would be located partially or wholly within a high visibility zone or is of a height that would be within the line-of-sight of a high visibility zone from a viewshed corridor utilized in the OS/F viewshed analysis; or

b.

The project has one or more potentially significant environmental impacts that cannot be mitigated to less than significant levels.

3.

Required findings and criteria applicable to all uses. Any use subject to review by the Zoning Administrator or the Planning Commission shall comply with all of the following findings and criteria, in addition to the standard ASA findings of § 5.40.040:

a.

The project requires a remote or natural setting and cannot feasibly be located within the Academic Growth Boundary (e.g., avoidance of interference from electromagnetic or vibration sources can only be achieved in the proposed location).

b.

Project design and location afford reasonable protection to environmental resources of the OS/F district, including aesthetic resources. Specifically, views of the district from the viewshed corridors utilized in the OS/F viewshed analysis (§ 2.50.040(B)) have been protected.

c.

All of the following criteria are met, unless the project applicant provides compelling evidence that compliance is infeasible:

i.

The development has been sited to blend with or utilize the local terrain to minimize visibility of development from viewshed corridors utilized for the OS/F viewshed analysis.

ii.

The development has been sited to minimize the need for grading and additional landscaping, and any proposed landscaping or grading minimizes the view of the project from the viewshed corridors utilized in the OS/F viewshed analysis.

iii.

The need for additional impervious surface has been minimized.

iv.

The development incorporates appropriate design and color selection to blend with the surrounding predominantly natural and rural setting. Color selection provides minimal light reflectivity. In cases where the approval authority identifies color or material as a concern, colors and materials will be submitted and approved by the designated approval authority prior to issuance of a building permit.

v.

If necessary, and where feasible, mitigation measures have been established that reduce environmental impacts to less than significant levels. If all of the project's environmental impacts cannot be mitigated to less than significant levels, the project may only be approved if the approving authority finds that specific economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment.

d.

Project design incorporates clustering concepts where appropriate; both individually and cumulatively (in relation to other projects), to reduce the amount of improvements required for development, conserve natural features, or facilitate a more aesthetic and efficient use of open space. Where appropriate and to the extent allowed by law, permanent dedication of open space has been required as a condition of approval to mitigate project impacts.

e.

Unless the applicant can demonstrate that the development must be located in medium-high or high visibility zone as identified in the OS/F viewshed analysis (§ 2.50.040(B)), the development shall be located as follows: (1) first preference: no visibility zone, (2) second preference: low visibility zone, (3) third preference: medium visibility zone, or (4) fourth preference (discouraged): medium-high visibility zone. For any development proposed to be located in a medium-high to high visibility zone, appropriate mitigation measures have been established to mitigate viewshed impacts.

f.

The project is consistent with all criteria in § 2.50.020, including the notes to Table 2.50-1.

g.

Lighting has been designed and placed to minimize upward glow, provide high beam efficiency, and provide glare and spill control.

h.

Project design and siting minimize the need for new access roads, and any new access roads are designed, surfaced, and will be maintained in a manner that ensures continued compatibility with the predominantly natural setting and rural character of the OS/F district.

i.

Existing trees with a circumference of 37.7 inches, measured 4.5 feet above ground level, have been preserved and integrated into site design, and native vegetation has been preserved to the extent possible.

j.

For any proposed building project located in an oak woodland area as identified in the environmental impact report prepared for the Stanford Community Plan and 2002 General Use Permit, mitigation and

monitoring measures have been established that provide for creation and maintenance of 1.5 acres of replacement habitat for every one acre that is lost. These mitigation and monitoring requirements may be waived if the County has approved a campus-wide/foothills vegetation plan for Stanford that addresses mitigation and monitoring for such trees and vegetation.

D.

Special allowance for replacement of existing legal structures. Notwithstanding § 4.50.020, reconstruction of any existing legal structures or facilities following their destruction by a natural disaster, accident, or intentional act of a party other than the owner or a lessee is permitted in the OS/F district if all of the following criteria are met:

1.

The project replicates, reduces, or provides a modified building footprint that is environmentally superior to the previous use (e.g., moves project from riparian corridor) and does not increase impacts to visual resources as viewed from the viewshed corridors utilized in the OS/F viewshed analysis.

2.

The project recreates or improves design and landscaping features (but does not increase total area of landscaping features) in a manner that is environmentally superior to the previous design and landscaping associated with the use.

3.

The project may be relocated if the proposed location is environmentally superior and the previous location is restored or rehabilitated to standards determined by the County (e.g., previously disturbed riparian corridor location is re-vegetated with native grasses).

4.

There is no increase in floor area.

5.

The reconstruction complies with all current building codes and standards.

6.

Architecture and site approval (ASA) is obtained.

E.

Structural size limits and siting requirements. Structures shall be consistent with restrictions set forth in the Stanford General Use Permit. For structures of 1,000 square feet or more, site design shall minimize visibility of structures from viewshed corridors utilized for the OS/F viewshed analysis (§ 2.50.040(B)) to the extent feasible.

F.

Supplemental provisions.

Fences. Fences must be of a design compatible with the intent of the district to minimize visual impacts to the natural setting. The regulations for fences in rural districts (§ 4.20.050(B)) shall apply to the construction or replacement of fences in the OS/F district.

(Ord. No. NS-1200.359, § 6, 12-6-16)

ARTICLE 3. - COMBINING DISTRICTS

CHAPTER 3.10 - LOT SIZE AND SETBACKS COMBINING DISTRICTS

The purpose of lot-size and setbacks combining districts is to establish more specific standards for lot creation and development than those of the base districts, in order to implement the policies of the applicable general plan land use designation and provide standards which are appropriate for the surrounding neighborhood and the natural setting. Lot-size and setbacks combining districts specify the minimum area for lot creation and setback requirements, which supersede the lot area and setback requirements specified for the base zoning district. The lot-size and setbacks combining districts include

two types of districts, standard lot-size and setbacks districts, which specify a given minimum lot area in acres or square feet, and slope-density districts, in which the minimum lot size is determined by a formula based on the average slope of the property.

(Ord. No. NS-1200.349, § 4, 4-7-15)

Properties in a lot-size and setbacks combining district are subject to the regulations of the applicable base zoning district, except that the lot area and setback provisions specified in this chapter shall prevail. A numeric designator as indicated in Tables 3.10-1 and 3.10-2 is added to the base zoning designator for properties to which a lot-size combining district is applied.

(Ord. No. NS-1200.349, § 4, 4-7-15)

The following table lists the standard lot size and setbacks combining districts and sets forth the minimum lot area and setbacks for each:

TABLE 3.10-1. STANDARD LOT SIZE DISTRICTS: LOT AREA AND SETBACKS

NOTES:

1.

Minimum lot sizes are expressed in net square feet and gross acres.

2.

On corner lots, the minimum setback for the exterior side yard in "-6", "-8" and "-10" combining districts shall be ten feet.

The provisions of Section 4.20.110, Setback exceptions, when applicable, shall supersede the side and rear yard setbacks provided in this table.

(Ord. No. NS-1200.349, § 4, 4-7-15)

§ 3.10.040. - Slope-density combining districts.

A.

Lot area calculation. Slope-density combining districts regulate density of development by means of provisions that determine the maximum number of lots and dwelling units permitted through subdivision based on the average slope of the lot. The following table lists the slope-density combining districts, along with the corresponding formulas for calculating land area per dwelling (density), the lot area ranges, and minimum parcel size requirements.

TABLE 3.10-2. SLOPE-DENSITY DISTRICTS AND FORMULAS

NOTES:

1.

The variable "S" represents the average slope of the entire property that is the subject of the application. Average slope is determined according to the formula S = (0.00229 × IL)/A, where

I is the contour interval in feet;

L is the combined length of contour lines in scale feet;

A is the gross area in acres of the subject lot or area of land; and,

S is the average slope expressed as a percentage.

The maximum number of lots or dwelling units allowed is determined by dividing the gross land area by the minimum land area per dwelling unit and rounding down to the nearest whole number.

2.

Where the average slope of the parcel is less than ten percent, the land area per dwelling unit shall be equal to the lesser value in the lot area range. Where the average slope of the parcel is greater than 50 percent, the land area per dwelling unit shall be equal to the upper value of the lot area range.

3.

Minimum parcel size requirements are expressed in gross acres and may be waived through the approval of a cluster permit issued in conformance with applicable General Plan policies and the cluster permit procedures of Chapter 5.45 of this ordinance. Such reductions of minimum parcel size for cluster development may be based on consideration of availability of services, site suitability, and ability to conform to applicable standards and conditions of development.

Permanent dedication of open space and development rights shall be provided as necessary and appropriate to ensure that the maximum density of development (total number of lots) does not exceed that which is permitted by the applicable slope-density formula and the applicable General Plan land use designation.

B.

Cluster development. Regulations for cluster development procedures are provided in Chapter 5.45, Cluster Development.

C.

Setbacks. Setbacks from all property lines or right-of-ways shall be 30 feet, unless the provisions of Section 4.20.110, Setback Exceptions, apply.

CHAPTER 3.20. - "-d" DESIGN REVIEW COMBINING DISTRICTS

The purpose of the -d Design Review combining districts is to designate certain visually and environmentally sensitive areas as requiring design review, with the intention of mitigating adverse visual impacts of development and encouraging quality design.

The regulations set forth in this chapter shall apply as indicated, and shall supersede any conflicting regulations of the base zoning district. A designator "-d" is added to the base zoning designator for properties to which these combining districts apply. Where adopted area-specific policies and criteria are meant to be implemented through the design review procedure, the "-d" designator shall be accompanied by a numerical subscript (e.g.: -d 1 , -d 2 , etc.).

Development within areas zoned "-d" shall be subject to the provisions of Chapter 5.50: Design Review.

The -d 1 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 projects.

A.

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

Tier 1: A building or structure where gross floor area (see § 1.30.030) is 5,000 square feet or less. Additions to an existing primary dwelling resulting in total floor area of 5,000 square feet or less after the addition shall also be reviewed as Tier 1 or applicable exemption.

a.

Administrative review. Except for projects ineligible on the basis of subsection c. or d. below, a building or structure classified as Tier 1 shall be subject to administrative design review approval with no public hearing required (see § 5.50.060), the review of 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.

Retaining walls requiring a public hearing. Except where subsection G, exemption for sites not visible, applies, Tier 1 projects shall not be eligible for administrative design review approval when the project involves retaining walls with elevations exceeding five vertical feet that extend more than 80 horizontal feet.

d.

Other circumstances requiring a public hearing. When an exception is proposed to deviate from the massing or retaining wall standards of subsections C or D, design review shall be required.

2.

Tier 2: A building or structure where gross floor area (see § 1.30.030) of is between 5,001 square feet and 12,500 square feet. Additions to an existing building resulting in total floor area of 12,500 square feet or less after the addition shall be reviewed as Tier 2 or per applicable exemptions or administrative design review approval of § 5.50.050 and 5.50.060.

a.

Design review required. A building or structure classified under Tier 2 shall be subject to design review, per chapter 5.50, and will not be eligible for a discretionary exemption or administrative design review approval 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. Story poles shall be required of all new buildings subject to Tier 2 design review. Story poles shall be fully erected, per the story poles standards established by the planning office, and shall be approved by the Zoning Administrator at least seven full days prior to any scheduled hearing, including

continued hearings and appeal hearings. Story poles shall, at a minimum, remain in place until the close of the public hearing.

3.

Tier 3: A building or structure where gross floor area (see § 1.30.030) exceeds 12,500 square feet.

a.

Design review required. A building or structure classified under Tier 3 shall be subject to design review, per chapter 5.50, and will not be eligible for a discretionary exemption or administrative design review approval 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 of the subject property 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 story poles standards established by the planning office, and shall be approved by the Zoning Administrator at least seven full days prior to any scheduled hearing, including continued hearings and appeal hearings. Story poles shall, at a minimum, remain in place until the close of the public hearing.

B.

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

C.

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

1.

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

2.

Maximum height of a wall plane, including foundation and other continuous components, shall be 24 feet, with the following exceptions: (a) Any architectural component where façade dimension does not exceed 18 horizontal feet, or (b) multiple such components (18 horizontal feet maximum) where combined horizontal dimension does not exceed 25 percent of the total horizontal dimension of the façade. 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 horizontal feet to be deemed discontinuous for the purposes of this provision.

Massing restrictions may be waived when subsection G, exemption for sites not visible, applies.

D.

Retaining walls. Retaining walls visible from the valley floor shall not exceed ten feet in height as measured from grade at face to top of wall. Multiple "stepped" retaining walls whose total height exceeds ten feet must each be offset by at least six horizontal feet. Visible walls shall be colored and textured to 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 situated on or adjacent to a ridgeline.

F.

Design review guidelines. All projects subject to design review shall comply with applicable provisions of the adopted design review guidelines document.

G.

Exemption for sites not visible. Any project where buildings or 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 or administrative design review approval (see § 5.50.060). Additional visibility analysis tools and methods may be utilized by staff to further evaluate the potential visibility of a project proposed on such a site. The exemption may not be approved for Tier 3 projects if it is determined that any portion of the proposed building would be visible from the valley floor.

H.

Ongoing compliance. All conditions of approval established through the design review procedure shall be the ongoing obligation of the property owners, including future property owners. A "Notice of Design Review Approval and Conditions" shall be recorded with the Office of the Clerk-Recorder in accordance with recording requirements, 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 -d 1 district may be rebuilt in the same location as the original structure (regardless of visibility) if it is destroyed by earthquake, fire or other casualty event, provided the following provisions are met:

1.

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

2.

The floor area of the replacement building does not exceed the legally established (permitted, if applicable) floor area of the original 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 an administrative design review approval (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 applicable design review procedures and requirements of this section.

(Ord. No. NS-1200.320, § 1, 8-29-06; Ord. No. NS-1200.336, § 1, 12-18-12; Ord. No. NS-1200.349, § 5, 4- 7-15; Ord. No. NS-1200.355, § 3, 4-26-16)

The purpose of establishing the -d 2 zoning district is to maintain the predominantly natural appearance of the Milpitas hillside areas to which the -d 2 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 -d 2 . In addition, the provisions contained within the adopted design review guidelines shall be appropriately applied as part of the design review process.

A.

Maximum house size. For lots that are less than ten acres, the gross floor area of dwellings shall not exceed 6,000 square feet. For lots that are ten acres or greater, gross floor area of dwellings shall not exceed 8,000 square feet.

B.

Height. The maximum height of dwellings shall be 27 feet and two stories. The maximum height of accessory structures shall be in accordance with § 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 45. The Zoning Administrator may additionally specify subdued chroma (color saturation) when warranted for a structure deemed to have high visibility and contrast against the site's background. The Zoning Administrator may waive this light reflectivity requirement for minimal trim or other minor architectural features.

D.

Crestline area development restrictions. Placement and height of any proposed structure may be restricted to ensure that no structure protrudes above the perceived crestline, as delineated on the official City of Milpitas zoning map. To ensure that proposed structures, whether east or west of the crestline, do not protrude above the crestline, story poles, line-of-sight analyses, or other visualization methods may be required for each project subject to design review. Story poles shall be the preferred means of evaluating potential impacts to the crestline and the basis for necessary determinations that the structures do not protrude above the perceived crestline.

E.

Story poles. Story poles shall be required of all new buildings subject to a design review hearing. Story poles shall be fully erected, per the County's story poles standards, and approved by the Zoning Administrator at least seven days prior to the scheduled hearing.

(Ord. No. NS-1200.320, § 3, 8-29-06; Ord. No. NS-1200.336, § 2, 12-18-12)

CHAPTER 3.30. - "-sr" SCENIC ROADS COMBINING DISTRICT

The purpose of the -sr Scenic Roads combining district is to protect the visual character of scenic roads in Santa Clara County through special development and sign regulations. The -sr combining district applies to all designated scenic roads in unincorporated Santa Clara County.

The regulations set forth in this chapter shall apply as indicated, and shall supersede any conflicting regulations of the base zoning district. A designator "-sr" is added to the base zoning designator for properties to which this combining district applies.

A.

Requirement for design review. On scenic roads other than US 101, any structure, including signs, that is located within 100 feet of the right-of-way of a designated scenic roadway shall be subject to design review, as described in Chapter 5.50 of this Zoning Ordinance. Structures in the -sr combining district that are not within 100 feet of a scenic roadway do not require design review, except as otherwise required in the base district or other combining districts applied to the subject property.

B.

Design review exemptions. Buildings within 100 feet of a scenic road shall not be eligible for design review exemptions. Additions to existing buildings within 100 feet of a scenic road may be eligible for design review exemption provided no part of the addition is nearer to the scenic road right-of-way line than the nearest part of the existing building. Structures (non-buildings), such as fences, decks and retaining walls, that otherwise meet the criteria for exemption from design review as provided in Chapter 5.50 shall be eligible for exemption.

C.

US 101 scenic setbacks. No building or structure, including signs, may be located within 100 feet of the right-of-way of US 101, with the exception of fences. Fences may be permitted subject to the applicable design review provisions of Chapter 5.50.

(Ord. No. NS-1200.327, § 11, 2-9-10)

Signs within the -sr combining district shall be subject to the following regulations, except where other more restrictive provisions apply through a base or other combining district:

A.

Number. One on-site advertising sign may be located on any lot in the -sr combining district. One additional sign may be placed on a lot regarding the sale, lease or rental of all or a portion of the property. The following exceptions are permitted:

1.

Signs associated with uses classified as Agricultural Sales and Wineries, subject to all applicable provisions of § 4.10.110.

Temporary on-site identification and off-site directional signs to seasonal sales establishments are exempt from the provisions of this section and are subject to the requirements of § 4.40.110.

B.

Size. Signs are subject to the following size limitations:

1.

Signs associated with uses classified as Agricultural Sales and Wineries, shall be subject to the sign area limitations provided in subsection 4.40.110(B)(2).

2.

With the exception of properties within 1,000 feet of the right-of-way of US 101, and signs associated with uses classified as Agricultrual Sales and Wineries, signs are limited to 16 square feet in area.

3.

On all properties or portions of properties within 1,000 feet of the right-of-way of US 101, signs are limited to 50 square feet in area and 20 feet in height from the ground to the uppermost point on the sign. Signs up to 100 square feet in area may be permitted with a special permit.

C.

Design. All signs and parts of signs shall remain stationary. All illumination for signs shall remain stationary and constant in intensity and color.

(Ord. No. NS-1200.335, § 7, 12-4-12)

§ 3.30.050. - Scenic roads inventory.

Alamitos Road

Aldercroft Heights Road (from Alma Bridge Road to Wrights Station Road)

Alma Bridge Road

Almaden Road (San Jose city boundary to Alamitos Road)

Bear Creek Road

Black Road

Bloomfield Avenue

Bohlman Road

Bowden Avenue

Calaveras Road

Cañada Road

Casa Loma Road

Congress Springs Road (SR 9) (from Saratoga city boundary to Santa Cruz County boundary)

Coyote Reservoir Road

Croy Road (from Watsonville Road to the boundary of Uvas Canyon County Park)

Del Puerto Road

Dunne Avenue (from Dunne Avenue Bridge to Henry Coe State Park)

Edmundson Avenue (from Oak Glen Avenue to Sunnyside Avenue)

Felter Road (from Calaveras Road to Sierra Road)

Gilroy Hot Springs Road

Gist Road

Hecker Pass Highway (SR 152) (from Gilroy city boundary to Santa Cruz County boundary)

Hicks Road

Highway 17 (SR 17) (from Los Gatos city boundary to Santa Cruz County boundary)

Highway 156 (SR 156)

Highway 280 (US 280) (from Page Mill Road to San Mateo County boundary)

Idylwild Road

Jameson Road

Junipero Serra Boulevard

Kennedy Road (from Los Gatos city boundary to Shannon Road)

Llagas Road

Loma Prieta Road (from its northerly intersection with Summit Road to its southerly intersection with Summit Road)

McKean Road

Metcalf Road

Mines Road

Montebello Road (from Stevens Canyon Road to Palo Alto city boundary)

Montevina Road

Moody Road

Mountain Charlie Road

Mt. Eden Road

Mt. Hamilton Road (from Springview Lane to easterly terminus at San Antonio Valley Road)

Mt. Madonna Road

Oak Glen Avenue (from Uvas Road to Sycamore Avenue)

Old Santa Cruz Highway

Pacheco Pass Highway (SR 152) (from Cañada Road to Merced County boundary)

Page Mill Road

Quimby Road (from Murillo Avenue to Mt. Hamilton Road)

Redwood Retreat Road (from Watsonville Road to Mt. Madonna Road)

Roop Road

San Antonio Valley Road

San Felipe Road (from Delta Road to Metcalf Road)

Sanborn Road

Santa Teresa Boulevard (existing and future, which includes Coolidge Avenue, DeWitt Avenue, Hale Avenue, Murphy Lane, Sunnyside Avenue)

Saratoga-Los Gatos Road (SR 9)

Shannon Road (from Los Gatos city boundary to Hicks Road)

Sierra Road

Silver Creek Road

Skyline Boulevard (SR 35) (from SR 17 to San Mateo County boundary)

Soda Springs Road

Stevens Canyon Road

Summit Road (SR 35) (from SR 17 to Mt. Madonna County Park)

Sycamore Avenue (from Oak Glen Avenue to Santa Teresa Boulevard/Sunnyside Avenue)

Uvas Road

Watsonville Road (from Sunnyside Avenue to Hecker Pass Highway)

Willow Springs Road

(Ord. No. NS-1200.323, § 4, 1-29-08; Ord. No. NS-1200.355, § 4, 4-26-16)

CHAPTER 3.40. - "-n" NEIGHBORHOOD PRESERVATION COMBINING DISTRICTS

The purpose of the -n Neighborhood Preservation combining districts is to provide neighborhood-specific development standards for certain urban unincorporated areas (unincorporated lands within a city's urban service area). Where necessary and appropriate, they augment the base zoning district regulations to better address a particular area's historic development patterns and characteristics, significant and problematic discrepancies between the standards of the County and the adjoining city, and unique area-specific development issues. More fundamentally, they are intended to provide effective, practical and appropriate

development standards to maintain and improve the quality of residential neighborhoods. These districts are also intended to implement the policies of the Santa Clara County General Plan regarding development within, and the annexation of, urban unincorporated areas.

The area-specific regulations and criteria set forth in this chapter shall apply as indicated by the designator "-n" added to the base zoning designation (e.g.: -n 1 , -n 2 , -n 3 , etc.) and shall supersede any conflicting regulations of the applicable base zoning district.

To minimize the differences between the development standards of the County and those of the adjoining City of Los Altos, and to encourage residential development that better complements the character of existing development, the following regulations shall apply to residential development in zoning districts that contain the -n 1 designator.

A.

Floor Area.

1.

Except where the provisions of subsection C below are applicable, the following floor area limitations shall apply.

a.

Lots of 10,000 square feet (net) or less: a floor area ratio not to exceed 0.35; and

b.

Lots larger than 10,000 square feet (net): 3,500 square feet of floor area, plus one additional square foot of floor area per ten square feet of lot area over 10,000 square feet, to a maximum total floor area of 5,700 square feet.

2.

For the purposes of this section, floor area shall include:

a.

The gross floor area (defined in Section 1.30.030) of dwellings;

b.

A cumulative total of 800 square feet for all accessory dwelling units on a lot shall not count toward floor area;

c.

Up to 800 square feet for a unit constructed using the Urban Primary Unit use classification (defined in § 2.10.030) shall not count toward floor area;

==> picture [145 x 132] intentionally omitted <==

d.

Any exposed portions of basements where finish floor level immediately

above is more than four feet above grade (see Fig. 3.40-1). Window wells, as defined and required for egress by the California Building Code (CBC) or California Residential Code (CRC), shall be limited to ten percent above the minimum dimensions required by the CBC and CRC; and

e.

All accessory buildings on any lot where the cumulative area of accessory Fig. 3.40-1 Basement Floor Area buildings exceeds 500 square feet.

3.

Floor area calculations shall be noted on building permit site plans. These computations must be calculated, verified, signed and stamped by a registered civil engineer, a licensed land surveyor, or a licensed architect.

B.

Height of Dwellings. The maximum height of dwellings shall be 27 feet.

C.

Special Development Standards for Underlying Lots.

For the purposes of this subsection, "underlying lot" means any lot that meets all of the following criteria:

a.

Was contiguous to a lot under common ownership as of May 5, 1998;

b.

Was not separately developed and not approved as a single building site as of May 5, 1998; and

c.

Does not meet the minimum lot size of the applicable zoning district.

This definition shall also apply to lots resulting from the lot line adjustment of underlying lots, unless the resulting lot(s) meet(s) or exceed(s) the minimum size required by the zoning district. For the purposes of this provision, the term "lot line adjustment" includes adjustments that result in fewer lots than the original configuration.

2.

Development of any individual underlying lot shall conform to the following special requirements:

a.

Floor area ratio shall not exceed 0.25, except that any underlying lot larger than 16,660 square feet shall be subject to the standard floor area ratio formula of subsection A.1.b of this section.

b.

Design review shall be required for any two-story house proposed. The review shall emphasize general neighborhood compatibility and impacts on adjacent properties.

c.

Accessory buildings 500 square feet or smaller that would not be included in floor area calculations per subsection 3.40.030(A)(2)(c) shall only be excluded from floor area calculations if they are designed and used as garage or storage buildings exclusively. Such exempt buildings shall not contain integral heating, ventilation or air conditioning systems, and shall not include bathrooms.

(Ord. No. NS-1200.318, § 5, 3-28-06; Ord. No. NS-1200.323, § 5, 1-29-08; Ord. No. NS-1200.330, § 2, 9- 28-10; Ord. No. NS-1200.367, § 6, 6-19-18; Ord. No. NS-1200.371, § 7, 3-10-20; Ord. No. NS-1200.383, § 5, 1-24-23)

Editor's note— Section 3 of Ord. No. NS-1200.330 allows for an effective date of November 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 November 1, 2010, not to projects for which a building permit application has been accepted by the Building Inspection Office prior to November 1, 2010.

In recognition of the eclectic and historical character of housing within the central Burbank area, the following specific standards and requirements shall apply to all dwellings in zoning districts that contain the "-n 2 " combining designation.

A.

Front Yard Setbacks. Front yard setbacks shall be 20 feet.

B.

Floor Area Ratio. Floor area ratio (FAR) shall not exceed 0.50. Floor area ratio calculations must be noted on building permit site plans. These computations must be verified, stamped and signed by either a licensed architect, registered civil engineer, or licensed land surveyor. A cumulative total of 800 square feet for all accessory dwelling units on a lot shall not count toward floor area. For lots upon which a unit is developed pursuant to the Urban Primary Unit use classification (defined in § 2.10.030), 800 square feet shall not count toward floor area.

(Ord. No. NS-1200.327, § 12, 2-9-10; Ord. No. NS-1200.371, § 8, 3-10-20; Ord. No. NS-1200.383, § 6, 1- 24-23)

§ 3.40.050. - -n district (Stanford University: Upper San Juan).

In recognition of the unique character of the Stanford University: Upper San Juan neighborhood, the purpose of this combining district is to preserve the physical characteristics of the Upper San Juan neighborhood, including, but not limited to, large lots, irregular street patterns, and mature landscaping, and to encourage residential development that is consistent with the character of existing development. The following standards shall apply to residential development in zoning districts that contain the -n 3 designator.

A.

Front Yard Setbacks. Front yard setbacks shall be 30 feet (see "setback" definition in 1.30.030).

B.

Maximum Lot Coverage.

1.

Single-Family development shall not exceed 20 percent lot coverage (see "lot coverage" definition in Section 1.30.030).

2.

Two-Family and Multi-Family development shall not exceed 35 percent lot coverage.

Accessory dwelling units, as defined in Section 2.10.030 and developed pursuant to Section 4.10.015, and/or housing developed pursuant to Section 65852.21 of the California Government Code are exempt from the above lot coverage standards.

C.

Minimum Lot Frontage.

1.

For all lots created pursuant to the Subdivision Ordinance in Chapter 1 of Division C12 of the County Code and the Subdivision Map Act, a minimum lot frontage length (front lot line) of 100 feet per lot shall be required.

2.

Notwithstanding the minimum lot frontage in Section 3.40.050(C)(1), if the lot frontage of lots created pursuant to Section 66411.7 of the California Government Code are less than 100 feet, one of the following standards shall apply:

a.

For a subdivision with one lot configured as a flag lot, the minimum street frontage of the front lot abutting the street shall be at least 85 feet. The width of the fee access corridor or easement to the flag lot shall not be less than 15 feet and not more than 20 feet. See Figure 3.40.050-2a.

b.

For a subdivision where the street frontage of the lot before the subdivision is less than 100 feet, the subdivision shall provide an ingress-egress easement of not less than 15 feet and not more than 20 feet and there shall be one driveway shared by the two lots created. See Figure 3.40.050-2b.

c.

For an existing lot with front and rear access to streets and where the subdivision creates lots with street frontage on both streets, the existing lot frontage width can be maintained. See Figure 3.40.050-2c.

==> picture [465 x 216] intentionally omitted <==

D.

Driveways. Location of driveways for a two-lot subdivision shall be placed adjacent to the original lot line to minimize removal of existing landscaping.

E.

Parking Requirements. A minimum of one parking space shall be provided per unit for Two-Family and Multi-Family residences. No covered parking space is required. This parking space requirement supersedes the parking space requirement for Two-Family and Multi-Family residences in Section 4.30.030 "Parking Spaces Required -Residential Uses" Table 4.30-1 and Section 4.30.070(A)(9).

F.

Lot coverage—Nonconforming buildings and structures. All lot coverage-nonconforming buildings and structures existing before July 1, 2022, may be enlarged to increase the total lot coverage area by no more than 250 feet so long as the enlargement complies with all other development standards of Section 3.40.050.

G.

Lot coverage-Nonconforming Dwelling: Casualty Reconstruction. Where a single-family or two-family dwelling with nonconforming lot coverage is involuntarily damaged or destroyed by earthquake, fire, flood, or other casualty event, reconstruction shall not require conformance to currently applicable lot coverage, provided all of the following apply:

1.

The lot coverage-nonconforming portion of the original dwelling was constructed with applicable building permits required at the time of construction or was constructed at a time that predates building permit requirements.

The floor area of the proposed reconstructed dwelling is not more than 250 square feet larger than the legally constructed floor area of the original dwelling.

3.

Any lot coverage-nonconforming deck or balcony, covered or uncovered, within the original building footprint may only be replaced with a like deck or balcony.

H.

Other nonconforming conditions. For all other nonconforming conditions refer to Chapter 4.50 of the Zoning Ordinance.

(Ord. No. NS-1200.382, § 1, 5-24-22)

In order to create conforming setbacks in existing and future residential lots, maintain consistent neighborhood pattern within a portion of Cambrian Park as the minimum lot size increases, and preserve the existing neighborhood character of the large residential lots within the Cambrian Park area, the following specific setback requirements shall apply to all dwellings in zoning districts that contain the "-n 5 " combining designation.

A.

Front yard setbacks. Front yard setbacks shall be 25 feet (see "setback" definition in Section 1.30.030).

B.

Side yard setbacks. Side yard setbacks shall be eight feet, except for corner lots, where the minimum setback for the exterior side yard shall be ten feet.

(Ord. No. NS-1200.318, § 6, 3-28-06)

CHAPTER 3.50. - "-h" HISTORIC PRESERVATION COMBINING DISTRICTS[[5]]

Footnotes:

--- ( 5 ) ---

Cross reference— Historical heritage commission, § A6-60 et seq.

The "-h" combining zoning district is intended to provide for the preservation of historic sites, historic structures, buildings of architectural significance, and other natural and human-made heritage resources which are included in the National Register of Historic Places, or which are otherwise designated as a registered cultural heritage resource (see Section 1.30.030: Definitions of Terms). Historic Preservation

zoning districts may also be utilized to protect and conserve sites and areas which are of special character, architectural value, or aesthetic interest, if such areas contain at least one registered historic place or resource. Such heritage resources deserve special consideration for preservation and enhancement due to the contribution they make to our collective understanding of the historic development and cultural heritage of the county, region, state, or nation.

(Ord. No. NS-1200.318, § 7, 3-28-06; Ord. No. NS-1200.367, § 7, 6-19-18)

The provisions of Sections 3.50.010 through 3.50.080 of this article apply to all "-h" Historic Preservation combining zoning districts. Provisions of 3.50.090 and above apply only to the historic district specified.

Each application of a Historic Preservation combining zoning district to an area shall be indicated by the designator "-h" added to the base zoning district designation, and each shall be numbered in order of application (e.g.: "-h 1 ," "-h 2 ," "-h 3 ," etc.). The policies, standards, and criteria of this chapter shall prevail over any conflicting regulations of the applicable base zoning district.

A.

Design review. Unless otherwise indicated by the provisions of a historic zoning district, design review approval shall be secured as set forth in Chapter 5.50 of this Zoning Ordinance for the following:

1.

Construction of any new building or structure in any "-h" combining zoning district, except as provided in subsection B, below.

2.

Any exterior modification or construction which would alter the external appearance of a building or structure within an "-h" combining zoning district, except as provided in subsection B, below.

B.

Design review exemptions. The following exemptions are applicable to "-h" properties and supersede the exemptions specified in Sections 5.50.050 and 5.50.060.

1.

For properties, buildings and structures which are not individually designated or registered as historic resources, the following exemptions shall be allowed:

a.

Statutory exemptions: The following types of structures are minor in character and are in all cases exempt from the design review process:

i.

Detached accessory buildings that are exempt from the building permit requirement on the basis of size and are not within any easement or right-of-way;

ii.

Any accessory building or structure whose combined above-ground dimensions (maximum length + maximum width + maximum height) do not exceed 16 feet;

iii.

Decks whose floor surface is 30 inches or less above final grade;

iv.

Fences three feet or less in height;

v.

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

vi.

Retaining walls that are not subject to a grading permit;

vii.

Solar (photovoltaic) panels; and

viii.

Swimming pools.

b.

Discretionary exemptions: The following types of structures may, at the discretion of the zoning administrator, be considered minor and exempt from the design review process:

i.

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

ii.

Detached accessory buildings of 500 square feet or less in area;

iii.

Decks whose floor surface is over 30 inches in height above grade;

iv.

Fences in "-d" combining districts or along designated scenic roads which conform to the provisions of this ordinance regulating fence height; and

v.

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

2.

For properties, buildings and structures which are individually designated or registered as historic resources, the following exemptions shall be allowed:

a.

Statutory exemptions: The following types of structures are minor in character and are in all cases exempt from the design review process:

i.

Detached accessory buildings that are exempt from the building permit requirement on the basis of size and are not within any easement or right-of-way;

ii.

Any accessory building or structure whose combined above-ground dimensions (maximum length + maximum width + maximum height) do not exceed 16 feet;

iii.

Decks whose floor surface is 30 inches or less above final grade;

iv.

Fences three feet or less in height;

v.

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

vi.

Retaining walls that are not subject to a grading permit;

vii.

Solar (photovoltaic) panels; and

viii.

Swimming pools.

b.

Discretionary exemptions: Properties, buildings, and structures which are individually designated or registered as historic resources are not eligible for discretionary exemptions from design review.

C.

Additional findings. Design review approval is contingent upon the following findings:

1.

Substantial conformance with applicable provisions of the design review guidelines, adopted by the Board of Supervisors.

2.

Conformance or consistency with any special regulations, standards, policies, or criteria specific to the particular "-h" district.

3.

Where a historically designated structure or resource is involved, the historic character of the subject structure is preserved.

(Ord. No. NS-1200.323, § 6, 1-29-08; Ord. No. NS-1200.332, § 5, 11-22-11; Ord. No. NS-1200.359, § 7, 12-6-16)

§ 3.50.040. - Historical Heritage Commission referral.

Applications for design review or architecture and site approval (excluding applications for administrative approvals or discretionary exemptions) shall be referred to the Santa Clara County Historical Heritage Commission for review and recommendation prior to the public hearing on the application, unless otherwise specified by the provisions of the specific historic zoning district. For applications on property located within the -h 1 District, the Historical Heritage Commission shall hold a public hearing in accordance with the public notice requirements of Section 5.20.110.

If the Historical Heritage Commission does not provide a response within 60 days following the date of referral, the lack of any response shall be deemed evidence of no opposition to approval.

(Ord. No. NS-1200.349, § 6, 4-7-15)

§ 3.50.050. - Special use regulations and findings.

The following special use regulations and considerations shall apply within each "-h" zoning district:

A.

Conformance with goals, policies, or standards. Prior to the approval of an application for any discretionary land use approval within an "-h" combining district, the approving authority must find that the establishment and conduct of the proposed use is consistent with the intent of the "-h" zoning district and with any adopted goals, policies, regulations, or standards for the district.

B.

Relationship of "-h" district regulations to those of the base district. Special regulations governing allowable uses, if adopted and included within the text of an Historic Preservation zoning district, shall supersede any other use regulations of the applicable base zoning district or any other related provision of the Zoning Ordinance concerning allowable uses. If no special use regulations are established, the regulations of the base zoning district shall apply.

C.

Elimination of incompatible outdoor uses and outdoor advertising signs. The Planning Commission may determine that specific pre-existing outdoor activities or outdoor advertising signs are incompatible with the goals, plans, policies, or standards of the "-h" district within which they are located. Such a determination may be made by means of a duly noticed public hearing, in which substantial evidence has been presented that specific outdoor uses, activities, or advertising signs are clearly in conflict with the purpose, plans, policies, or standards of the "-h" district. If such a determination is made, the owner of the land on which the outdoor use or advertising sign is located shall within the time period specified by the Planning Commission either modify, remove, or cease the outdoor use or sign in question as directed so that it is in conformance with the goals, plans and policies of the "-h" district. Such a determination may be appealed to the Board of Supervisors in accordance with Chapter 5.30.

A.

Adoption of special regulations and standards. Upon the adoption of any "-h" combining zoning district, the Board of Supervisors may define specific development standards or regulations which are to apply to all lands included within an "-h" district, consistent with the intent, goals, objectives, and policies established for each district. Such standards may include, but shall not be limited to, building height, form, mass, materials, setbacks, infrastructure, parking and loading area requirements, and signs. If adopted, such standards shall be based on evidence of the historical and architectural aspects of the district which are typical or characteristic of that district, and shall be included within the zoning regulations of the "-h" district ordinance.

B.

Relationship of "-h" district regulations to those of base district. Special development regulations and standards of the "-h" district, once adopted, shall supersede any conflicting or incompatible regulations or standards of the applicable base zoning district. Where no such standards specific to the Historic Preservation zoning district are established, the standards of the applicable base zoning district shall apply.

A.

Board approval required for demolition or removal. No permit for the demolition or removal of a building or other structure which is a formally designated or registered cultural heritage resource shall be issued until

an approval is granted by the Board of Supervisors, pursuant to the applicable procedures and regulations of the Santa Clara County Ordinance Code.

B.

Demolition procedures and regulations. The demolition permit restrictions, in Section C1-91 of the County Ordinance Code shall apply to the proposed demolition or removal of any individually registered historic building or structure. These provisions govern the procedures by which an application may be made and obtained for the demolition or removal of a building or structure, including provisions for referral to the Historical Heritage Commission for review and recommendations, the specified time period during which alternatives to demolition may be explored, and the requirement for a public hearing before the Board of Supervisors for an ultimate determination regarding the application.

The following procedures shall be followed in the establishment of "-h" districts in addition to the general procedures set forth in Chapter 5.75 regarding amendments to the Zoning Ordinance:

A.

Eligibility for inclusion within an "-h" district. Each area for which an "-h" district is established must contain at least one site, building, or structure which is a "registered historic cultural resource" (see Definitions). The "-h" district may include, in addition to any registered historic cultural resource, such additional area as is deemed necessary for the protection of the environment of the registered historic cultural resource against the intrusion of incompatible land uses and development.

B.

Information to be provided prior to enactment of "-h" districts. Planning Office staff and the staff of the Historical Heritage Commission shall provide in a report the information and evaluation which will serve as the basis for any proposal to establish a "-h" combining zoning district. The following exhibits and information shall be included in the required report:

1.

Explanation, with adequate supporting documentation, of the reasons that an "-h" district should be established for the subject area.

2.

A description of the entire area to be included within the boundaries of the "-h" district. Such description is to include text, maps and photographs, property addresses and assessor's parcel numbers, and is to accurately describe existing land uses, condition of structures, architectural styles, circulation patterns, environmental features, and such other topics considered relevant.

3.

A description of each registered historic resource, structure, or place within the proposed "-h" district, including descriptive text, maps, photographs of each place or structure, and identification numbers or

codes used to record its entry in the applicable register or inventory.

4.

Recommended guidelines, standards, policies, and restrictions to be included in the regulations for each "- h" district pertaining to the preservation or future development of each registered historic structure or place, including, but not limited to: allowable future land uses; building bulk, style and location; vehicular and pedestrian circulation patterns.

5.

Any additional guidelines, restrictions, or policies intended to pertain to properties within the proposed "-h" district other than those which are designated or registered historic cultural resources.

6.

A report from the Historical Heritage Commission which reviews the aforementioned report information and reports their recommendations.

7.

A recommendation from the staff of the County Planning Office and the Historical Heritage Commission, regarding the establishment of the proposed Historic Preservation district and the specific recommended wording for the proposed ordinance, to facilitate implementation of the ordinance and to ensure clarity and consistency with other historic districts and other provisions of the Zoning Ordinance. The report may also include any recommended implementation measures deemed necessary to further the goals and objectives of the proposed "-h" district.

A.

Purpose. The purpose of the "-h 1 " combining district is to preserve the New Almaden National Historic Landmark District, one of 120 such places in California and only one of five in Santa Clara County recognized as being of such national historical significance. It was listed in the National Register of Historic Places in October 15, 1966, listing #66000236.

The boundaries of the "-h 1 " historic preservation zoning district for New Almaden coincide with the boundaries of the National Historic Landmark District described by the National Register listing. The majority of the land area within the National Historic Landmark District is contained within the Almaden Quicksilver County Park, a regional park maintained by the Santa Clara County Parks and Recreation Department. Also included within this historic preservation zoning district are privately owned properties, the primary uses of which are residential.

For purposes of this ordinance, individually designated historic buildings and structures in the "-h 1 " district are identified within either Priority List 1 or 2, including the Casa Grande (see subsection D, below). These structures and properties contribute significantly to the New Almaden National Historic Landmark

District. All are located within what is defined within this ordinance as the Central Community Area (Subarea A) along Almaden and Bertram Roads.

B.

Use Regulations. Uses within the "-h 1 " district shall be limited to the following:

1.

Uses permitted as a matter of right include:

a.

Residence - Single-Family, including Residential Accessory Structures and Uses.

b.

Agriculture, limited to uses permitted as a matter of right in the applicable base zoning district.

c.

Community Care - Limited.

d.

Home Occupations [Criteria/Findings, see § 4.10.180].

e.

Accessory dwelling units [Criteria/Findings, see § 4.10.015].

2.

Uses permitted subject to the issuance of a special permit include:

a.

Reserved.

b.

Home Occupation - Expanded [Criteria/Findings, see § 4.10.180].

c.

Residential Accessory Structures and Uses, with more than two internal plumbing fixtures, such as pool houses [Criteria/Findings, see § 4.20.020(I)]. This does not apply to accessory dwelling units.

d.

Historic Structure - Use Conversion, as defined in Section 2.10.040, Non-Residential Use Classifications. Such uses may be established within any registered historic structure, provided that the approving authority

makes all of the following findings:

i.

The use is consistent with the intent of the "-h 1 " zoning district.

ii.

The use is consistent with the historical and architectural character of the community.

iii.

The use conforms with the provisions of Section 4.10.170, Supplemental Use Regulations.

iv.

The use conforms with any applicable supplemental use regulations of Chapter 4.10 concerning the particular use.

3.

Uses permitted subject to the issuance of architecture and site approval (ASA) include:

a.

Utilities - Minor, as defined in Section 2.10.040.

4.

Uses permitted subject to the issuance of a use permit and architecture and site approval (ASA) include:

a.

Nonprofit Institutions, such as community meeting facilities and other institutional uses serving the New Almaden community.

b.

Utilities - Major, as defined in Section 2.10.040.

C.

Special Development Standards

1.

Front Setbacks for Almaden Road Priority List 1 Properties. For individually designated historic structures along Almaden Road identified in Priority List 1, historic building placements relative to the road right-ofway shall be maintained. Front setback requirements for such properties along Almaden Road may be adjusted without a variance if deemed by the zoning administrator to be in the interest of historic preservation and not in violation of the integrity of the zoning district.

2.

Minor adjustments to minimum yard and setback requirements. Yard and setback requirements may be varied by the zoning administrator through the design review or ASA procedure if necessary, appropriate, and consistent with the intent of the historic zoning district. This provision is intended to allow for limited variation from standards without requiring a variance.

3.

Height. Maximum building height shall be 35 feet, with no more than two stories allowed. The provisions of subsection 4.20.020(E) shall apply to accessory buildings and structures.

D.

Designated Historic Structures of the New Almaden Historical Area. As a National Historic Landmark District, the historic heritage and character of the early community of New Almaden are considered to be of great importance to the residents, the county, the state and the nation. To help preserve the historic character and value of New Almaden, the existing historic structures are prioritized in terms of their

significance for preservation. [Note: The "1880 Map#" refers to the "1880 Mining Company Rental Map" on file with the County Planning Office, which depicts the locations of structures within the main community area existing at that time].

1.

Priority List No. 1. The following properties are the designated as Priority List No. 1 historical structures:

Table 3.50-1 PRIORITY LIST 1

2.

Preservation of Priority List No. 1 structures.

a.

Owners of the properties in Priority List No. 1 are especially encouraged to preserve and maintain these original structures of the Hacienda of New Almaden.

b.

The Casa Grande was the original residence of the mining company superintendent, and it has special historic and building significance. Therefore, it is required that any plans for interior or exterior remodeling, renovation and restoration be submitted to the County Historical Heritage Commission for review and recommendation.

3.

Priority List No. 2. The following are the designated Priority List No. 2 historical structures:

Table 3.50-2 PRIORITY LIST 2

St. Anthony's Church (built 1899)

21800 Bertram Rd.

583-17-001 None

4.

Preservation of Priority List No. 2 structures. The structures in Priority List No. 2 are also important from a historical standpoint, even though they were moved from their original sites or were built at a later date, and they should be maintained in such a manner as to preserve their historical integrity and compatibility with Priority List No. 1 properties.

E.

Form, Materials, and Color Standards. The following standards shall apply to all structures on properties on Priority Lists No. 1 and 2. Adherence is mandatory unless acceptable substitutes are approved as indicated in the provisions below.

For other properties not on either Priority List located within the "-h 1 "district, these detailed standards are advisory. Certain features, materials, forms or approximations thereof may be required of a project by means of design review or ASA approval or conditions, as appropriate. Property owners are encouraged to incorporate these design features and materials standards into their construction plans as much as possible and appropriate to ensure the compatibility of new construction with the general historic character of the district. Substantial conformance with these standards is required for properties in the immediate vicinity of Priority List 1 and 2 properties, defined as the Central Community Area ("Sub-area A"), to ensure architectural compatibility with individually designated historic properties. (Refer to subsection F for further explanation of the Central Community Area).

1.

Exterior materials:

a.

Board and batten.

b.

Ship lap.

c.

Wood siding (narrow "New England" style).

d.

Adobe sun-dried blocks, bituminous treated (the adobe may have a plaster coat).

e.

Reclaimed used red fired brick, or the early fire brick (Scottish).

2.

Roofing materials: Wood shingles or shakes, fire retardant; constructed to comply with Uniform Building Code standards for Class "A" roofing for properties within designated "Hazardous Fire Areas" as referenced in the County Fire Code, Division B7 of the County Ordinance Code.

3.

Exceptions to general exterior and roofing materials: Other materials may be used provided they will closely resemble the materials specified above. Samples of the proposed substitute materials shall be submitted by the applicant to the County with the initial design review or other application for the project, to be examined for compliance and approval by the zoning administrator or other approval authority.

4.

Roof form: Gable or sloping shed roof.

5.

Foundation: New foundations may be of concrete construction providing one of the following is a part of the construction:

a.

Added pigment in the concrete for resemblance to a soft red brick or earthen tan adobe.

b.

A colored or painted plaster coating.

c.

A board sheeting exterior veneer applied over the concrete.

6.

Garages: Garages may be attached or detached and shall be constructed of materials listed and decorated as stated in these standards.

7.

Fencing: New and replacement fencing shall be built of wood similar to the early wood fencing, or other historically compatible design and materials. Fences and hedges shall otherwise conform with provisions of Section 4.20.050.

8.

Painting and decorating: New construction paint colors should be compatible with those that were used during the mid-to-late 1800s in this location. In general, color preferences from the time period were those from the natural color range, with emphasis on subdued, muted earth tones. Examples include, but are not limited to, grays, dark barn red, browns and tans.

Window form: Window forms were generally multi-light, such as two over two, and they should be rectangular rather than round or arched.

==> picture [408 x 482] intentionally omitted <==

Fig. 3.50-1

F.

General Requirements for Construction on Properties not on Priority Lists 1 or 2.

1.

Historic compatibility requirements in the Central Community Area ("Sub-area A"). Within the designated central community area, delineated herein by the map entitled "New Almaden Historical Area—Sub-area A:

Central Community Area," new structures and modifications to existing structures on properties not within Priority List 1 or 2 shall be designed to ensure that their appearance is as compatible and complementary as possible with that of individually designated historic buildings and structures on Priority Lists 1 and 2.

2.

Historic compatibility requirements for all other properties. Elsewhere within the "-h 1 " district, outside the Central Community Area, new structures and modifications to existing structures should be designed for general compatibility with the historic character of the district. General adherence to the building form and material standards required for individually designated or registered historic structures is advised and encouraged, but complete conformance is not required. Comparable contemporary building forms and materials which generally approximate or resemble historic building form and materials are acceptable.

3.

Hillside development review in the New Almaden combining district.

a.

Hillside development within the "-h 1 " historic zoning district—particularly proposed structures located on or near ridges or any hillside location of visual prominence—shall comply with the applicable provisions of the design review guidelines (or ASA guidelines) intended to ensure compatibility of development with the natural setting and to minimize visual impacts of development when viewed from the valley floor areas, scenic roads, and adjacent parklands.

b.

Where necessary and appropriate, the zoning administrator is authorized to limit building height, size, massing, color, reflectivity, and location in order to minimize the potential obtrusiveness or incompatibility of a proposed structure with its surroundings.

G.

Future Road and Street Development Policy.

1.

Roadway development or improvements to existing roadways, including related infrastructure, should be consistent with the intent of this ordinance to preserve the historical character of the community, while also balancing the possible need for changes to ensure public health and safety. This policy particularly applies along the section of Almaden Road where it enters the "-h 1 " district on the north (nearest San Jose) and extending to the south where it crosses Alamitos Creek.

2.

For Almaden Road within the "-h 1 " zoning district, it is recommended that the present road section should be adequately maintained, and any new road drainage infrastructure should be designed and constructed to be compatible with the historic character of the district.

H.

Sidewalks. For new construction along the section of Almaden Road where there are existing sidewalks, sidewalks shall be of the same width and located similarly to the existing walk. New sidewalks shall be either red brick or concrete with red-brown pigment added to resemble the color of the native soil in the area. Existing red brick walks shall be left in place, maintained in good repair, and not paved over. Otherwise, provision of sidewalks shall not be required.

I.

Road and Street Signing and Lighting.

1.

Street name signs and lettering should be rustic in nature. Materials may be either weathered wood or materials that simulate weathered wood in appearance. Sign lettering should be similar to the period and may be painted or routed in wood, provided that signage and lettering meet current standards for legibility and visibility at night. Two-way and four-way street name signs should be mounted on wood posts in a manner that is clearly visible and legible to motorists.

2.

Street lighting fixtures should be a traditional lantern type with standards that are of a dark brown, rust or black color.

J.

Signs. Signs shall be regulated in accordance with the provisions of Chapter 4.40 of this zoning ordinance.

K.

Tree, Shrub, and Landscaping Conservation.

1.

The general conservation of existing trees and shrubs is strongly encouraged, subject to considerations of general public health and safety, particularly relating to fire safety and protection and to any tree or vegetation which poses a physical safety hazard.

2.

Trees and shrubs having a main trunk or stem measuring six inches in diameter or greater 18.8 inches in circumference), at a height of four and one-half feet above ground, are protected trees, subject to the relevant provisions of the County's "Tree Preservation and Removal Ordinance," Division C16 of the County Ordinance Code. Except as otherwise provided in Division C16, Tree Preservation and Removal, an administrative permit or encroachment permit shall be required for the removal of any tree of such dimensions or greater within the "-h 1 " New Almaden Historic Preservation zoning district.

For development proposals subject to design review or other discretionary land use or development approval, the following provisions shall apply:

a.

Approval of a development application may be conditioned by the zoning administrator to retain the maximum number of trees and shrubs possible while still enabling the appropriate establishment of the allowed use and necessary site improvements.

b.

Special emphasis shall be given to preservation of mature native trees and shrubs and to those which provide mitigation for potential adverse visual impacts of development.

c.

Applications for design review or other discretionary land use approval on lots of one acre or less shall include plans showing all existing trees six inches in diameter at a height of four and one-half feet above ground, with a keyed listing of the species and diameter of such trees. Photographs of the trees and shrubs on the site shall be provided. For lots greater than one acre, plans shall indicate trees of these same dimensions and shrubs or hedges which are located in the proposed development area or which may be potentially affected by the development proposal, as well as any heritage trees located anywhere on the subject parcel.

d.

No healthy trees six inches in diameter or greater measured four and one-half feet above ground or significant hedges or shrubs shall be removed until after the effective date of a discretionary permit approval and then only as authorized by approved plans. All reasonable care shall be taken in grading, trenching, site preparation, and other construction operations to protect those trees, hedges, and shrubs required or identified to be retained.

e.

Trees and shrubs selected for new plantings and landscaping treatments should be native species typical of the hills and riparian areas specific to this district. Examples include the California sycamore, California oaks (primarily black oak, blue oak, coast live oak, and valley oak), California bay, and toyon. Non-native tree and shrub species, if used, should be typical of those used during the period of historical significance of the district. Some of the decorative species introduced during this period (1825 to 1875) include Moss roses and heritage variety roses, Italian cypress, lilacs and buddleia (shrubs and trees of the logania family commonly grown for their blossoms). All landscaping should blend with the general appearance of the riparian areas and surrounding hills as much as possible.

L.

Weed and Rubbish Abatement. The County Fire Marshal classifies the New Almaden Historical Area as a high fire hazard zone. As a part of the "-h 1 " district standards, County Fire Code provisions concerning hazardous vegetation removal shall be complied with in all respects.

(Ord. No. NS-1200.360, § 5, 5-23-17; Ord. No. NS-1200.371, § 9, 3-10-20)

A.

Purpose. The "-h 2 " Historic Preservation zoning district contains remnants of what was once a concentrated Portuguese ranching settlement in the eastern foothills of Santa Clara County. The site contains several original wood-framed buildings, which include a small barn, milking shed, and small farmhouse, exemplary of the small family farms of the area dating from the late 1800s to the early 1900s. The purpose of the "-h 2 " zoning district is to preserve this example of a Portuguese homestead for its importance to the cultural heritage of the County.

B.

Use regulations.

1.

Permitted uses allowed by matter of right in the "-h 2 " district are limited to the individual existing structures of the property listed below:

a.

Residence—Single-Family, and garage.

b.

Wood frame barn.

c.

Wood frame board and batten structure (original family dwelling).

d.

Orchard.

2.

Educational use. The use of the property for educational purposes should be encouraged.

C.

Preservation of structures and special development standards.

1.

The historic heritage and ethnic cultural land use of the property is of importance to the residents, the County, the State, and the nation; therefore, the visual character of the exteriors of the existing structures should be maintained.

2.

Plans for remodeling, new construction, or additions shall incorporate existing exterior materials and architectural styles.

3.

Paint colors shall be compatible with the original colors of the paints used on the existing historic structures.

4.

Fencing and other physical features pertaining to or proposed for the district shall be compatible to those used during the period of 1890—1920.

5.

Nothing in the standards, design criteria, and policies shall be construed to prevent the construction of public improvements in the district, including but not limited to those required by existing deferred improvement agreements.

D.

Landscaping conservation.

1.

Existing trees, shrubs, and plantings should be maintained in good condition.

2.

Trees that have died or been removed shall be replaced with the same or similar variety in sizes feasible and available in commercial nursery container stock.

Editor's note— Ord. No. NS-1200.325, § 1, adopted April 21, 2009, repealed § 3.50.110, which pertained to "-h 3 " district (Sakai Ranch). See also the Code Comparative Table.

CHAPTER 3.60. - "-bw" BAY WETLANDS COMBINING DISTRICT

The purpose of the "-bw" Bay Wetlands combining district is to preserve the wetlands of San Francisco Bay that lie within the jurisdiction of Santa Clara County, while providing for appropriate recreational, educational, resource extraction, and open space uses. This chapter implements the Baylands General Plan land use designation.

The uses permitted by this chapter shall supersede those permitted by the base district, such that only those uses specifically designated within this chapter shall be permitted on land to which the "-bw" designation applies.

A.

Salt extraction, and extraction of other minerals or chemicals from seawater.

B.

Educational facilities, directly related to and necessarily located within the natural resources of the area.

C.

Boat marinas, and boat maintenance facilities.

D.

Water-related recreational clubs, and other commercial recreation exceeding the scope of activities referred to in Subsection 3.60.030.B.

E.

Hatcheries, fish farming, cultivation and harvesting of crustacea and similar forms of aquaculture.

Uses necessitating the construction of dikes, groins, causeways or other bay fill shall be prohibited except where it can be demonstrated that it is desirable from an ecological standpoint to improve the baylands' natural environment.

CHAPTER 3.70. - "-mh" MONTEREY HIGHWAY USE PERMIT AREA COMBINING DISTRICT

The Monterey Highway Use Permit Area consists of specifically designated properties with access to and frontage on Monterey Road from Metcalf Road south to the County boundary, excluding the urban service areas of the cities of San Jose, Morgan Hill, and Gilroy, and also excluding lands within the San Martin Commercial and Industrial Use Permit Areas. A zoning map designation of "-mh" is combined with the base zoning district for the properties to which this district applies.

While the predominant land uses in the rural unincorporated areas of South County are agricultural and related uses, the County recognizes that there are along Monterey Road, within the areas having land use designations of "Agriculture" and "Rural Residential," established, non-agricultural uses of a commercial nature serving the South County community. It shall be the policy of the County that such uses may continue to operate within the "A, Exclusive Agriculture" and "RR, Rural Residential" zoning districts, so that the needs of the South County may be so served, provided that such uses have been documented or

established as legal uses in conformance with the provisions of this district and the special area policies of the County's land use element for the Monterey Highway Use Permit Area.

It is the purpose of this district that certain legally established land uses may continue as allowable uses, may be renewed and expanded as needed, or may be changed to another use which is less intensive than the original use, subject to the issuance of a use permit and architecture and site approval and based on the findings and criteria established for this district. Through these provisions, the owners of the subject properties shall be encouraged to maintain and improve the general conditions of their properties, provide ongoing services of benefit to the community, upgrade uses and site improvements to meet current County standards and requirements for public health, safety, and welfare, and potentially enhance the resources and visual character of the Monterey Highway corridor.

A.

Monterey Highway Use Permit Area eligibility list. The document entitled "Monterey Highway Use Permit Area Eligibility List—Final Status of Uses, January 3, 1986" shall serve as the basis for the applicability of these provisions to specified uses and properties within the overall boundaries of this district. A copy of this document is maintained within the records of the Planning Office, File #1971-00-00-84GP.

B.

Specifically eligible parcels—Original legal uses. Legally established uses in existence as of January 1, 1985, as documented within the "Eligibility List" and specified in Table 3.70-1 below may be renewed, expanded, or changed to another use of a similar or more restrictive nature through the issuance of a use permit and architecture and site approval (ASA), if all of the following additional findings are made by the approving authority:

1.

The use is essential or desirable to the public convenience or welfare of the South County community.

2.

The use will not cause a significant adverse impact upon the environment.

3.

The use will not be detrimental to public health, safety and the general welfare.

4.

The use is compatible with the surrounding area.

5.

The use will be upgraded to and can meet the current requirements and standards of all applicable regulating agencies and ordinances.

The use will improve such conditions as traffic safety, water quality and drainage, working conditions for on-site workers, and the visual quality of the environment.

TABLE 3.70-1. LEGAL USES AS OF JANUARY 1, 1985

C.

Additional eligible parcels granted legal status through use permit. In addition to those uses specified in Table 3.70-1, those listed in Table 3.70-2 shall also be eligible to be renewed, expanded, or changed to another use of a similar or more restrictive nature through the issuance of a use permit and architecture and site approval (ASA), subject to the additional findings of subsection 3.70.020.B. These uses include those for which a use permit application was made in accordance with the December 31, 1985, application filing deadline of the original provisions of the Monterey Highway Use Permit Area, and for which a use permit was subsequently approved. The file number pertaining to each such approval is indicated in the table below.

TABLE 3.70-2. USES WITH APPROVED USE PERMIT PURSUANT TO 1985 FILING ALLOWANCE

D.

Off-site advertising signs. The provisions of this zoning district do not apply to off-site advertising signs.

E.

Auto sales and storage. By amendment to the general plan in December 15, 1987, File #3210-87GP, auto storage and sales uses located on abandoned auto-related land use sites fronting Monterey Road between Kirby and Madrone Avenues (APN 725-02-033, 10950 Monterey Road) may be approved through the issuance of a use permit and architecture and site approval (ASA) if it is found that the use conforms with the additional findings set forth in subsection 3.70.020.B., and it does not include auto dismantling.

(Ord. No. NS-1200.332, § 6, 11-22-11)

CHAPTER 3.75. - "-os" HOUSING OPPORTUNITY SITES COMBINING DISTRICT

The purpose of the -os Housing Opportunity Sites combining district is to facilitate the production of housing units affordable to all levels of household income on housing opportunity sites identified in the Housing Element of the County General Plan (Housing Element). Except where otherwise provided in this chapter, development on parcels with the -os designator is restricted to multi-family housing and limited mixed-use residential development in furtherance of the Housing Element, as updated periodically, and in compliance with applicable state laws.

The -os combining district specifies standards for development, which supersede the lot area and development standards specified for the base zoning district. The -os combining district consists of parcels, or designated portions of parcels, listed in the housing sites inventory of the Housing Element and may be amended to accommodate future Housing Element updates or otherwise include sites determined to be appropriate for this designation. Any of the requirements or prohibitions set forth in this Chapter may be superseded by a development agreement approved by the Board of Supervisors pursuant to § 5.20.230.

This section and all other provisions of the zoning ordinance and Ordinance Code are intended to be consistent with, and shall be interpreted in a manner consistent with, state housing laws, as those laws may be amended periodically. If any provisions of the Zoning Ordinance or Ordinance Code are in conflict with state law, then those provisions shall be void to the extent of the conflict and state law shall apply.

(Ord. No. NS-1200.384, § 11, 12-12-23; Ord. No. NS-1200.387, § 1, 11-5-24)

The regulations set forth in this chapter shall apply as indicated and shall supersede any conflicting regulations of the base zoning district. Alternate standards may only be applied through a variance, pursuant to chapter 5.70, or development agreement approved by the Board of Supervisors, pursuant to § 5.20.230. The designator -os is added to the base zoning designation for properties to which this combining district applies.

The County has evaluated parcels in the unincorporated County to determine locations best suited for multi-family housing development and to facilitate the production of new units to meet the County's obligations under the Regional Housing Needs Allocation (RHNA). Parcels included in the "Housing Opportunity Sites Inventory" in the adopted Housing Element shall serve as the basis for the applicability of these provisions to specified parcels or portions thereof. Such parcels are delineated below in Table 3.75-1.

All development on parcels with the -os designator shall provide the minimum number of affordable units assigned in Table 3.75-1 in compliance with all provisions of this chapter, which shall count toward the development's fulfillment of the requirements of the inclusionary housing ordinance in § 4.20.130.

At the property owner's request, the County Board of Supervisors in its discretion may approve one or more alternative means of compliance with Table 3.75-1, including but not limited to financial contributions (e.g., grants), land dedication, off-site construction, acquisition and rehabilitation of existing structures, or a reduction in affordable housing unit counts by income category, provided the Board of Supervisors finds, based on a preponderance of the evidence in the record, that the alternative means requested by the property owner meets all of the following requirements:

(i)

The alternative means shall actually result in the development, in unincorporated Santa Clara County, of the minimum number of affordable units by income category listed for the relevant parcel(s) in Table 3.75-1, or as determined pursuant to an affordable housing nexus study pursuant to (ii);

(ii)

If a reduced affordable housing unit count (in total or by income category) is proposed, the unit count shall be supported by an affordable housing nexus study prepared for the proposed development that complies with the criteria for affordable housing nexus studies established by the Planning Office and approved by the Board of Supervisors. In addition, for residential development within the Stanford University Community Plan area to count toward the Linkage Policy in the Community Plan, the nexus study shall be based on all development proposed by Stanford University pursuant to a Stanford General Use Permit application and shall include analysis of all Stanford students, faculty, and other workers, at all income levels;

(iii)

The development of all affordable housing units shall be located within or contiguous to moderate, high, or highest resource areas as defined by the most recently adopted opportunity maps published by the California Tax Credit Allocation Committee (TCAC) and California Department of Housing and Community Development (HCD);

(iv)

The development of all affordable housing units shall be located within an urban service area and have adequate access to water and sewer; and

(v)

No final building permits shall be issued for any market-rate housing units or other development on the parcel(s) with the -os designator until final building permits have been issued for all of the affordable housing units to be constructed.

To better align development in the City of San José's urban service area (USA) with the City's development standards, the County has categorized parcels in the USA as Transit Residential (TR), Urban Residential (UR), or Urban Village (UV), which roughly correlate to the City of San José's Zoning Ordinance. Sites within the Stanford University Community Plan area are categorized as SCP. These categories have applicable development standards delineated in § 3.75.030.

Table 3.75-1

ELIGIBLE PARCELS as of January 1, 2024

NOTES:

1.

The definition of each level of affordability is determined by the State and represent a percentage of the average median income for the area, based on family size.

2.

The -os designator applies to limited portions of the APNs identified for site numbers 1, 2, 22, 23, and 24, as shown on the official County Zoning Maps. If a parcel listed in Table 3.75-1 is subdivided or otherwise modified (e.g., lot line adjustment, lot merger), the County will apportion the required number of units to the successor APN(s).

3.

The minimum density requirement only applies to sites with very low- and low-income affordability requirements in Table 3.75-1.

Eligible parcels that are annexed by a city before the County has issued a building permit shall be subject to the annexing city's land use jurisdiction.

(Ord. No. NS-1200.384, § 11, 12-12-23; Ord. No. NS-1200.387, § 1, 11-5-24)

Development on parcels with the -os designator is subject to all requirements of this section. The development standards in this section may be modified pursuant to a development agreement approved by the Board of Supervisors pursuant to § 5.20.230.

A.

The following table lists the minimum lot area, maximum building height, and applicable setbacks for each category of parcels as identified in Table 3.75-1:

Table 3.75-2 STANDARD DEVELOPMENT STANDARDS: LOT AREA, HEIGHT, AND SETBACKS

NOTES:

1.

For the TR, UR, and UV parcels, the minimum lot size shall be as provided in the applicable city's general plan designation for the particular parcel. The County may modify the minimum lot size in the context of a development application to facilitate the production of housing units.

2.

Maximum heights are expressed in feet above the natural grade of the property; there is no maximum number of stories.

3.

Height, setback, and minimum lot size requirements, if any, for sites on Stanford University Campus are determined by the Stanford University Community Plan and the General Use Permit.

B.

Parcels with the -os designator are exempt from any development standards of the base zoning district, including, but not limited to, FAR and lot coverage requirements.

C.

The minimum required density shall be as required by Government Code § 65583.2(h), specifically, 20 units per acre for all sites listed in Table 3.75-1 that are required to accommodate housing for very low- and lowincome households.

D.

Affordable units in the development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, have the same type or quality of appliances, fixtures, and finishes, and have equal access to shared amenities in the development.

E.

Exterior walls adjoining a street or public right-of-way shall not have a continuous wall plane of more than 100 feet horizontally unless visually broken up by a minimum of a three-foot deep offset façade (recession or protrusion) or architectural feature, on either 50 percent of all floors or alternating floors, to create architectural variation.

F.

Front and main entrances of each building shall be offset from the building façade by a minimum depth of three feet to clearly designate building entrances and provide additional wall plane variation.

G.

All buildings shall provide either a patio or balcony for each unit, or commonly accessible open space(s) (including courtyards, parklets, playgrounds, usable landscaped areas, rooftop common areas, and sport courts) consisting of a minimum of ten percent of the lot size.

H.

All projects shall include either in-unit or on-site laundry for each residential building.

I.

All units shall be provided a separate secured storage space or cabinet on a private patio/balcony or on a designated building floor, including a parking garage level, unless a private garage is provided for each unit.

J.

Bicycle storage shall be provided on-site, no less than one storage space per four residential units.

K.

Guest parking and short-term drop-off/delivery parking shall be provided on site, no less than one space of each type for projects over 25 units, and an additional one space of each type per 600 residential units, unless prohibited by state law.

L.

Development projects are restricted to multi-family housing and limited mixed-use residential development, and may include other ground floor uses, which shall be limited to on-site parking, Retail, Restaurants and Bars, Banks, Health Clubs, Medical Clinics, Personal Services, or community benefit uses such as libraries and government offices providing services to the public. Mixed-use residential development projects on the SCP sites may also include any additional development or use as permitted by the Stanford University Community Plan and General Use Permit, as amended from time to time. For sites with Very Low-Income and Low-Income units in Table 3.75-1, any development projects including nonresidential uses shall comply with all requirements in Government Code § 65583.2(h), including that 100 percent residential use is allowed and residential use shall occupy a minimum of 50 percent of the total floor area of a mixed-use project.

M.

Projects in the TR, UR, and UV development categories may include Retail, Restaurants and Bars, or shared gathering space on the rooftop level.

(Ord. No. NS-1200.384, § 11, 12-12-23; Ord. No. NS-1200.387, § 1, 11-5-24)

Development on parcels with the -os designator is restricted to multi-family housing and limited mixed-use residential development and is subject to approval by ministerial, nondiscretionary planning clearance, pursuant to § 5.20.240, if all of the following conditions and other requirements in this chapter are met.

A.

The project meets one of the following criteria:

1.

All of the project's dwelling units are rental units and a minimum of ten percent of the total number of units (before calculating any density bonus) are subject to enforceable restrictions requiring those units to be occupied only by households making at or below 50 percent of the area median income.

2.

All of the project's dwelling units are for-sale units and a minimum of ten percent of the total number of units (before calculating any density bonus) are subject to enforceable restrictions requiring those units to be occupied only by households making at or below 80 percent of the area median income.

3.

At least 20 percent of the project's total number of rental and for-sale dwelling units (before calculating any density bonus) are subject to enforceable restrictions requiring those units to be occupied only by lowerincome households as defined in Health and Safety Code section 50079.5, or will be provided at rents or sales prices affordable to such lower-income households, as supported by substantial evidence provided at the time of application and would count toward the County's Regional Housing Needs Allocation pursuant to written confirmation from the California Department of Housing and Community Development.

B.

The project conforms to all objective County standards for private driveways, design for parking and loading areas, and access to public rights-of-way.

C.

The proposed site development meets all objective development standards adopted by the Board of Supervisors.

D.

Installation and continued maintenance of proposed landscaping complies with the County's Sustainable Landscape Ordinance as detailed in Division B33 of the Ordinance Code.

E.

The project conforms to all stormwater management requirements of the applicable regional water control board.

F.

The project conforms to all applicable provisions of the Zoning Ordinance and building and fire codes.

G.

The project would not produce noise levels exceeding what is allowed in the Noise Ordinance as detailed in Sections B11-150 through B11-158 of the Ordinance Code.

Multi-family residential or limited mixed-use residential development projects that meet the criteria of this section shall only be denied if the Building Official makes site-specific written findings that a significant adverse impact to public health, safety, or the environment would be created by the project, and there is either no feasible way to satisfactorily mitigate or avoid the impact or the applicant does not agree to mitigate or avoid the impact.

elopment projects that meet the criteria of this section shall only be denied if the Building Official makes site-specific written findings that a significant adverse impact to public health, safety, or the environment would be created by the project, and there is either no feasible way to satisfactorily mitigate or avoid the impact or the applicant does not agree to mitigate or avoid the impact.

This section incorporates by reference any applicable state laws that may require streamlined project review and approval for housing opportunity sites identified in a jurisdiction's housing element, including, but not limited to, those in the Housing Element Law, Government Code § 65580 et seq.

(Ord. No. NS-1200.384, § 11, 12-12-23; Ord. No. NS-1200.387, § 1, 11-5-24)

§ 3.75.050 - Discretionary project review and approval.

Projects that do not meet the criteria for ministerial streamlined approval in § 3.75.040 are subject to approval through the architectural and site approval and/or use permit processes, pursuant to Chapters 5.40 and 5.50, respectively.

(Ord. No. NS-1200.387, § 1, 11-5-24)

Editor's note— Ord. No. NS-1200.387, § 1, adopted November 5, 2024, renumbered § 3.75.050 as § 3.75.060 and enacted a new § 3.75.050 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Upon receipt and initial processing of any application for development on a parcel in the -os combining district, the County shall mail notices to all property owners of any parcel located within 1,000 feet of the boundaries of the subject property.

(Ord. No. NS-1200.384, § 11, 12-12-23; Ord. No. NS-1200.387, § 1, 11-5-24)

Note— See the editor's note to § 3.75.050.

CHAPTER 3.80. - "-ps" PUBLIC SERVICES AND SUPPORTIVE HOUSING COMBINING DISTRICT

The purpose of the "-ps" Public Services and Supportive Housing combining district is to accommodate, in appropriate locations, emergency shelters, transitional housing, supportive housing and agricultural employee housing. This district applies to government owned lands and implements housing policies provided in the General Plan Housing Element for special needs housing.

(Ord. No. NS-1200.345, § 8, 6-10-14)

The regulations in this chapter shall apply to lands to which the "-ps" combining district applies. The uses permitted by this chapter shall be allowed in addition to those permitted by the base district.

(Ord. No. NS-1200.345, § 8, 6-10-14)

Small-scale emergency shelters, and large-scale emergency shelters having a client capacity of 15 through 140 individuals, meeting all criteria of Section 4.10.115, shall be allowed by right. Shelters with larger capacity, or shelters otherwise not meeting the criteria of Section 4.10.115, may be allowed with a use permit.

(Ord. No. NS-1200.345, § 8, 6-10-14)

Transitional and supportive housing facilities meeting all criteria of Section 4.10.090, Community Care, and the following additional criteria, shall be allowed by right.

A.

Capacity: Total capacity shall not exceed 140 clients.

B.

Emergency Shelter Component: For facilities with a total capacity of 40 or more clients, at least 20 client beds shall be dedicated for emergency shelter use.

C.

State Licensing: Facilities must comply with applicable licensing requirements of the California Department of Social Services, or any other state agency.

Facilities with larger capacity, or facilities otherwise not meeting the criteria of this section, may be allowed with a use permit.

(Ord. No. NS-1200.345, § 8, 6-10-14)

§ 3.80.050. - Agricultural employee housing: Large-scale permanent.

Large-scale agricultural employee housing facilities meeting all criteria of § 4.10.040, and the following additional criteria, shall be allowed by right.

A.

Capacity: Total capacity shall not exceed 140 occupants.

B.

Emergency Shelter Component: For facilities with a total capacity of 40 or more occupants, at least 20 beds shall be made available for emergency shelter use during seasonal periods where the absence of agricultrual employees results in vacancies of agricultural employee beds.

Facilities with larger capacity, or facilities otherwise not meeting the criteria of this section, may be allowed with a use permit.

(Ord. No. NS-1200.345, § 8, 6-10-14; Ord. No. NS-1200.375(10.20.2020), § 5, 10-20-20)

CHAPTER 3.90. - "-sm" SAN MARTIN USE PERMIT AREAS COMBINING DISTRICT

The purpose of the -sm San Martin Use Permit Areas combining district is to allow for non-residential uses and development within the defined boundaries of the San Martin Commercial Use Permit Area and the San Martin Industrial Use Permit Area, consistent with the applicable policies of the Land Use Chapter of the General Plan for the San Martin Planning Area.

Within the San Martin Commercial Use Permit Area as established and defined by the General Plan and as depicted herein, the -sm combining zone permits commercial uses that are not otherwise allowed by the provisions of the applicable base zoning district, in order to achieve the purposes of the General Plan.

Within the San Martin Industrial Use Permit Area as established and defined by the General Plan and as depicted herein, the -sm combining zone permits light industrial uses that are not otherwise permitted by the applicable base zoning district, in order to achieve the purposes of the General Plan.

(Ord. No. NS-1200.362, § 1, 12-5-17)

The area-specific provisions established in this chapter shall apply as indicated by the designator "-sm" added to the base zoning designation and shall supersede any conflicting use regulations of the applicable base zoning district.

(Ord. No. NS-1200.362, § 1, 12-5-17)

The provisions of this section shall apply to lands within the San Martin Commercial Use Permit Area as established and defined in the Land Use Chapter of the General Plan and as shown herein on Figure 3.901.

A.

Allowable Uses and Permitting Requirements. Within the San Martin Commercial Use Permit Area, new or significantly expanded commercial uses not otherwise provided for in the applicable base zoning district may be allowed, subject to obtaining a use permit and architecture and site approval. Commercial uses mean any non-residential use defined in Section 2.10.040 having the parenthetical classification of Commercial that is not already a permissible use in the base zoning district, except that Billboards, Entertainment—Seasonal Outdoor, Hotels and Motels, and Laundries—Industrial, as defined in Section 2.10.040, are prohibited.

B.

Use Intensity. Newly proposed or expanded commercial uses within the Commercial Use Permit area shall be evaluated through the use permit and architecture and site approval processes for their appropriate size, scale and intensity to qualify as a local-serving use, pursuant to the provisions of General Plan Policy R-LU 127 and Section 2.20.090, except for properties in the Commercial Use Permit Area east of Murphy Avenue and adjacent to the San Martin Avenue/Highway 101 freeway interchange, on which uses shall not be limited to those defined as local-serving in terms of size, scale and intensity.

C.

Other Criteria. Newly proposed or expanded commercial uses within the Commercial Use Permit area shall comply with all applicable General Plan policies, including but not limited to policies R-LU 124 through R- LU 131.

(Ord. No. NS-1200.362, § 1, 12-5-17)

The provisions of this section shall apply to lands within the San Martin Industrial Use Permit Area as established and defined in the Land Use Chapter of the General Plan and as shown herein on Figure 3.902.

A.

Allowable Uses and Permitting Requirements. Within the San Martin Industrial Use Permit Area, new or significantly expanded light industrial uses not otherwise provided for in the applicable base zoning district may be allowed, subject to obtaining a use permit and architecture and site approval. Industrial uses mean any non-residential use defined in Section 2.10.040 having the parenthetical classification of Industrial that is not already a permissible use in the base zoning district, except that Butcheries, Laundries-Industrial, Manufacturing/Industry-Intensive, Petroleum Products Distribution, and Recycling Facilities, as defined in Section 2.10.040, shall be prohibited.

B.

Use Intensity. Newly proposed light industrial uses within the Industrial Use Permit area shall be evaluated through the use permit and architecture and site approval processes for potential impacts to adjacent properties and the community. Where necessary, additional setbacks and buffer areas may be required to minimize potential impacts from industrial uses and provide sufficient separation between any use of land or buildings associated with the industrial use and any adjoining parcel.

C.

Other Criteria. Newly proposed or expanded industrial uses within the Commercial Use Permit area shall also comply with all applicable General Plan policies, including but not limited to policies R-LU 120 through R-LU 123.

(Ord. No. NS-1200.362, § 1, 12-5-17)

All new uses established pursuant to the provisions of the -sm combining zoning district shall conform to the requirements of the San Martin Integrated Design Plan and Guidelines.

==> picture [380 x 504] intentionally omitted <==

==> picture [381 x 504] intentionally omitted <==

(Ord. No. NS-1200.362, § 1, 12-5-17)

CHAPTER 3.95 - "-cv" COYOTE VALLEY CLIMATE RESILIENCE COMBINING DISTRICT

In accordance with California Public Resources Code section 35186(b), Coyote Valley, the area between the cities of San Jose and Morgan Hill, is an area of statewide significance. As acknowledged by the State Legislature, Coyote Valley is a unique landscape providing agricultural, wildlife, recreational, climate, and other natural infrastructure benefits.

The purpose of the "-cv" Coyote Valley Climate Resilience combining district is to protect this agricultural greenbelt area as a means of increasing regional climate resilience. The predominantly agricultural lands of

Coyote Valley are unique in their combination of natural characteristics, which are well-suited to providing ecological and public benefits, including flood attenuation as a result of sustaining wetland health, maintaining water supply as a result of protecting groundwater recharge potential, and carbon sequestration made available from natural and working lands.

The "-cv" combining district is intended to minimize the impacts of new development through supplemental development standards and use requirements, in order to preserve Coyote Valley as a greenbelt area intended for long-term agricultural uses and climate resilience.

(Ord. No. NS-1200.379, § 1, 12-14-21)

§ 3.95.020. - Applicability.

The area-specific provisions established in this chapter shall apply to the properties depicted on Figure 3.95-1, which shall have the designator "-cv" added to the base zoning designation and shall supersede any conflicting use regulations of the applicable base zoning district.

==> picture [420 x 555] intentionally omitted <==

(Ord. No. NS-1200.379, § 1, 12-14-21)

§ 3.95.030. - Development Standards.

Table 3.95-1 establishes property development standards for all new development within the Coyote Valley combining district. These standards are applied as maximums per legal lot.

Table 3.95-1 PROPERTY DEVELOPMENT STANDARDS

The development of agricultural uses are exempt from the above lot coverage standard, meaning they do not count toward the lot coverage maximum per parcel provided that such development is ancillary to onsite agriculture, as specified in § 3.95.040. Agricultural uses mean agricultural employee housing or any non-residential use defined in § 2.10.040 having the parenthetical classification of "agricultural" following the title of each primary use type. Uses classified as Agriculturally Related Entertainment & Commercial Uses are not exempt from the lot coverage standard. Parcels with onsite agriculture have a maximum development area of two acres instead of one acre.

Accessory dwelling units, as defined in § 2.10.030 and pursuant to § 4.10.015, are exempt from both lot coverage and development area standards.

(Ord. No. NS-1200.379, § 1, 12-14-21)

For the purposes of this chapter, onsite agriculture means that the property shall be actively used for agriculture, as defined in § 2.10.040, in at least three years out of every five-year period and consist of either:

(a)

No less than six acres under cultivation;

(b)

No less than 60 percent of the parcel under cultivation; or

(c)

No less than 24 acres dedicated to raising livestock. Onsite agriculture is not required to be commercial in nature.

(Ord. No. NS-1200.379, § 1, 12-14-21)

On parcels over five acres, development of a new single-family residence shall be permitted only as ancillary to onsite agriculture, as defined in § 3.95.040. An alteration to an existing legally established single-family residence requires onsite agriculture only if the alteration is classified as a rebuild, pursuant to Section C1-22 of the Ordinance Code. Development of a new accessory dwelling unit, as defined in § 2.10.030 and pursuant to § 4.10.015, does not require onsite agriculture.

A notice shall be recorded pursuant to § 5.20.125 stating that such residence shall be used only ancillary to onsite agriculture as defined in this section. A property owner shall also provide written disclosure of all such conditions and requirements before any sale, lease, or financing of the property.

(Ord. No. NS-1200.379, § 1, 12-14-21)

ARTICLE 4. - SUPPLEMENTAL STANDARDS AND REGULATIONS CHAPTER 4.10. - SUPPLEMENTAL USE REGULATIONS

The purpose of this chapter, Supplemental Use Regulations, is to provide specific supplemental requirements for certain uses whose nature and potential impacts require additional and more specialized findings, over and above the standard use permit or special permit findings. Unless otherwise specifically indicated, these use-specific standards and findings shall apply to the specified uses in all districts in which the uses are allowed, per the provisions of Article 2. The use-specific regulations in this chapter are in addition to any other requirements, findings, and criteria otherwise required by the Zoning Ordinance. The approving authority must find that all of the findings, standards, and criteria have been met before approving the use.

This section refers to uses classified as Accessory Dwelling Units, which includes Standard ADUs, Movable Tiny Homes, and Junior ADUs, as set forth in § 2.10.030. Such uses are subject to all of the following provisions:

A.

Intent. The intent of this section is to provide a valuable and relatively affordable form of housing for family members, the elderly, students, in-home health care providers, individuals with disabilities, and others, within existing neighborhoods and on existing legal lots. It is intended to regulate such housing units to ensure that they are relatively unobtrusive on the site, do not significantly impact adjacent properties, and do not diminish neighborhood character. This section and all other provisions of the zoning ordinance and Ordinance Code are intended to be consistent with, and shall be interpreted in a manner consistent with state law, including, but not limited to Government Code Sections 65852.2 and 65852.22, as those laws may be amended from time to time. If any provisions of the Zoning Ordinance or Ordinance Code are in conflict with state law, then those provisions shall be void and state law shall apply.

B.

General Provisions. All accessory dwelling units, including standard ADUs, Junior ADUs, and movable tiny homes, are required to comply with all of the following provisions. For the purposes of this section, one movable tiny home per lot is allowed in lieu of one standard ADU:

1.

Only one accessory dwelling unit and one junior accessory dwelling unit are allowed per legal lot, with the exception of ADUs within existing multifamily dwelling units pursuant to subsections 4.10.015(C) and

4.10.015(D). See § 4.10.387 and the Urban Primary Unit use classification for limits on the total number of dwelling units, including ADUs and Junior ADUs.

2.

Ministerial building permit applications to establish an accessory dwelling unit or junior accessory dwelling unit shall be reviewed by all applicable County departments and other public agencies for conformance with applicable standards and requirements and either approved or disapproved within 60 days after the County receives a complete application.

3.

No standard ADU or junior ADU may be sold separately from the primary residence or the real property upon which the primary residence is located. This provision does not apply to property built or developed by a qualified nonprofit corporation described in Government Code Section 65852.26.

4.

No building site approval pursuant to Ordinance Code Section C12-300 et seq. shall be required for accessory dwelling units. However, building site approval is required for the existing or proposed primary residence on the lot and shall be obtained before a building permit application for the accessory dwelling unit is submitted. Except where expressly exempt or otherwise provided in this Section 4.10.015, accessory dwelling units are subject to all other applicable requirements of the Ordinance Code, including, but not limited to, requirements applicable to on-site wastewater treatment systems or sewer connections, water supply, setbacks, and height limitations.

5.

Accessory dwelling units shall not be rented for terms shorter than 30 days.

C.

Attached Accessory Dwelling Units. An attached accessory dwelling unit is a standard accessory dwelling unit that shares a roof, a foundation, and a common wall of at least eight horizontal feet with the primary residence. It also includes a dwelling unit located entirely within the living area of the primary residence. Attached accessory dwelling units are subject to all of the following provisions:

1.

Legally established primary residences that are 1,600 square feet or less, shall be allowed to have an attached ADU of no more than 800 square feet (Government Code section 65852.2(c)(2)(C)). Primary residences that are 1,601—2,400 square feet shall be allowed to have an attached ADU of no more than 50 percent of the legally established primary residence (Government Code section 65852.2(a)(1)(D)(iv)). Legally established primary residences exceeding 2,400 square feet shall be allowed to have an attached ADU of no more than 1,200 square feet (Government Code section 65852.2(c)).

2.

Shall be setback at least four feet from side and rear lot lines, and shall be subject to the same front yard setback as the primary residence, with the exception of conversions as stated in subsection 4.10.015(H).

3.

Shall not exceed 16 feet in height if the dwelling unit does not comply with the setback limitations for a single-family residence, prescribed by the applicable zoning district.

If the accessory dwelling unit complies with the setback limitations for a single-family residence, the accessory dwelling unit shall be subject to the same height limitations as the single-family residence in the applicable zoning district, as measured from the lowest finished grade to the highest point of the structure.

4.

Accessory dwelling units are allowed within the areas of a legally established multifamily dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided each accessory dwelling unit complies with state building standards for dwellings. At least one accessory dwelling unit may be attached within an existing multifamily

dwelling structure. However, additional accessory dwelling units may not exceed 25 percent of the existing legally established multifamily dwelling units. This provision shall only be applied once per property.

D.

Detached Accessory Dwelling Units. A detached accessory dwelling unit is a structure that is separated from the primary residence by no less than six horizontal feet. Detached accessory dwelling units are subject to all the following provisions:

1.

Shall have a maximum floor area not exceeding 1,200 square feet.

2.

Shall be setback at least four feet from side and rear lot lines, and shall be subject to the same front yard setback as the primary residence, with the exception of conversions as stated in Section 4.10.015(H).

3.

Shall not exceed 16 feet in height if the dwelling unit does not comply with the setback limitations for a single-family residence, as prescribed by the applicable zoning district.

If the accessory dwelling unit complies with the setback limitations for a single-family residence, the accessory dwelling unit shall be subject to the same height limitations as the single-family residence in the applicable zoning district, as measured from the lowest finished grade to the highest point of the structure.

Detached accessory dwelling units exceeding 16 feet in height shall incorporate a hip, gable, or other similar styled roof design.

An attached garage or carport of up to 400 square feet in floor area may be incorporated in the design of a detached accessory dwelling unit, provided the dwelling portion of the building does not exceed the applicable maximum floor area for the detached accessory dwelling unit (1,200 square feet).

5.

Decks and porches, covered or uncovered, that are attached to a detached accessory dwelling unit are limited to a cumulative 400 square feet beyond the applicable maximum dwelling size (1,200 square feet). This limitation does not apply to any portion of an uncovered deck that is less than 30 inches above finished grade.

6.

An attached junior accessory dwelling unit of up to an additional 500 square feet in floor area may be incorporated into a detached accessory dwelling unit. The cumulative square footage of both accessory dwelling units shall not exceed 1,700 square feet.

7.

For properties with a multifamily dwelling, no more than two detached accessory dwelling units may be located on the same property.

E.

Movable Tiny Homes. Movable tiny homes are subject to all of the following provisions:

1.

Shall adhere to all setback, height, and floor area limitations pursuant to Section 4.10.015(D).

2.

Shall be a self-contained unit that complies with all State of California requirements, is constructed in compliance with American National Standards Institute (ANSI) 119.5 standard as certified by an accredited qualified third-party inspector, and is licensed and registered with the California Department of Motor Vehicles.

3.

Shall not move under its own power.

4.

Shall be no larger than allowed by state law for movement on public highways.

5.

Shall have at least 100 square feet of enclosed space.

6.

Shall be directly connected to an approved water source, an onsite wastewater treatment system or sanitary sewer system, and electric utilities. Holding tanks that are incorporated into the original design of the structure shall not be used for the purposes of waste storage, and shall be directly connected to the approved onsite wastewater treatment system or sanitary sewer.

7.

The undercarriage (wheels, axles, tongue and hitch) shall be hidden from view.

8.

All wheels and leveling or support jacks shall sit on a surface acceptable to the County Building Official or designee.

9.

Mechanical equipment shall be incorporated into the original design of the structure, and shall not be located on the roof or added on to the exterior of the unit.

10.

Shall have the following design elements to maintain the character of the residential neighborhood:

a.

Shall not include corrugated aluminum or fiberglass siding and shall not be a shipping container or cargo container.

b.

Shall use cladding and trim materials on the exterior of movable tiny homes for residential appearance and to provide adequate thermal insulation and weather resistance. Materials may include, but are not limited to, single piece composite, vinyl siding, laminates, or interlocked sheathing.

c.

Windows shall be at least double pane glass and labeled for building use, and shall include exterior trim.

F.

Junior Accessory Dwelling Units. Junior accessory dwelling units are subject to all of the following provisions:

1.

Shall be contained entirely within a single-family residence or a standard accessory dwelling unit.

2.

When located within a single-family residence, the junior accessory dwelling unit shall adhere to all setback and height limitations pursuant to subsections 4.10.015(C)(2) and 4.10.015(C)(3).

When located within a standard accessory dwelling unit, the junior accessory dwelling unit shall adhere to all setback and height limitations pursuant to subsections 4.10.015(D)(2) and 4.10.015(D)(3).

3.

Shall contain a full kitchen or an efficiency kitchen consisting of cooking facilities with appliances, food preparation counters, and storage cabinets that are of reasonable size.

4.

Owner-occupancy of one unit is required in any single-family residence that contains a junior accessory dwelling unit. The owner may reside in either the single-family residence or the junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

5.

No parking space is required for a junior accessory dwelling unit. [See subsection 4.10.015(I).]

G.

Standard accessory dwelling units attached to accessory structures, excluding garage(s). A standard accessory dwelling unit may be attached to an accessory structure provided that the habitable space of the standard accessory dwelling unit does not exceed a maximum size of 1,200 square feet. A standard accessory dwelling unit with a junior accessory dwelling unit that is attached to an accessory structure shall comply with subsection 4.10.015(D)(6).

1.

The portion of the structure utilized as a dwelling unit shall comply with the height and setback regulations in subsection 4.10.015(D)(2).

2.

There shall be no interior access connecting the dwelling unit portion of the structure to the non-dwelling portion of the structure. The common walls (including the floor and ceiling) between any dwelling unit portion and any non-dwelling portion shall comply with all fire separation requirements. Restrictions on heating, plumbing and/or electricity, the layout and partitioning of the non-habitable portion, and other design limitations may be imposed by the zoning administrator to ensure public health and safety.

H.

Conversions. The following provisions apply to accessory dwelling units created by the conversion of an existing and legal detached accessory building constructed with a final inspection prior to January 1, 2017, or from existing floor area within a primary residence.

1.

Detached accessory building conversion. A setback non-conforming detached garage or other accessory building, constructed with a final inspection prior to January 1, 2017, may be rebuilt or converted into an

accessory dwelling unit and no additional setback shall be required. An expansion of no more than 150 square feet beyond the same physical dimension of a setback non-conforming accessory building shall be permitted, so long as the expansion does not result in a greater setback encroachment. All applicable building code and other Ordinance Code provisions shall apply.

2.

Within Existing Single-Family Residence. An accessory dwelling unit may be created within the existing space of a single-family residence, including the conversion of an attached garage. The accessory dwelling unit shall have independent exterior access from the existing structure, and the side and rear setbacks shall be sufficient for fire safety. Floor area limitations for the accessory dwelling unit shall be as stated in subsections 4.10.015(C) and (F) for attached accessory dwelling units and junior accessory dwelling units, respectively.

A setback non-conforming single-family residence may be expanded by up to 150 square feet to accommodate an accessory dwelling unit, so long as the expansion does not result in a greater setback encroachment.

I.

Parking.

1.

Number of Spaces. One off-street parking space is required for a standard accessory dwelling unit. No parking space is required for a junior accessory dwelling unit. For applicable parking exemptions, see subsection 4.10.015(I)(3).

3.

Retention of Parking Spaces. Where an existing garage or carport is converted to an accessory dwelling unit that previously provided the required covered off-street parking for the primary residence, a replacement parking space shall not be required.

3.

Special Parking Exemptions. Notwithstanding any other law or local regulation, no additional parking requirements shall apply to an accessory dwelling unit that meets one of the following requirements:

a.

Is within one-half mile of public transit service and a designated point of access, such as a bus stop, light rail station, or any similar facility.

b.

Is within a -h, Historic Preservation Combining Zoning District.

c.

Is part of the existing primary residence or an existing accessory structure.

d.

On-street parking permits are required but are not offered to the occupant of the accessory dwelling unit.

e.

There is a car share vehicle located within one-block of the accessory dwelling unit, which is further defined herein as a designated parking or pickup/delivery location or facility operated by a car share service.

The applicant shall be required to provide evidence to support any of the above exemptions.

J.

Accessory Dwelling Units Subject to Other Discretionary Approvals. Notwithstanding any other provision of this zoning ordinance, all new accessory dwelling units, including those attached to or included in an existing structure, that are located in certain combining districts shall comply with the following standards in lieu of the requirements and review procedures normally required in those combining districts:

1.

New accessory dwelling units located in a -d, -d1, -d2, or -sr combining district shall be permitted by right, subject to compliance with a light reflectivity value (LRV) requirement of 45 or less that shall apply to the façade and roof. No other requirements shall apply. For accessory dwelling units created by converting existing floor area within an existing dwelling, this provision shall not apply unless an addition to the building footprint is proposed.

2.

New accessory dwelling units located in the -h1 combining district shall be permitted by right, subject to compliance with the standards of Section 4.10.015(H)(1), except for properties listed as Priority List 1 or 2 properties identified in Section 3.50.090, which shall be subject to the requirements in Section 3.50.090(D), which include design review and recommendation by the Historic Heritage Commission to ensure the integrity of the historic resource is preserved. For accessory dwelling units created by converting existing floor area within an existing dwelling, this provision shall not apply unless there are proposed changes to exterior of the building.

3.

A cumulative total of 800 square feet for all accessory dwelling units on a lot in the -n1 or -n2 combining district shall not be included in floor area calculations, pursuant to Sections 3.40.030 and 3.40.040.

(Ord. No. NS-1200.371, § 11, 3-10-20; Ord. No. NS-1200.383, § 7, 1-24-23)

This section refers to uses classified as Adult Uses as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

No adult use shall be located within 1,000 feet of any R or A base district;

B.

No adult use shall be located within 1,000 feet of any other adult use; and,

C.

No adult use shall be located within 1,000 feet of any nursery school, elementary school, junior high school, high school or public playground.

(Ord. No. NS-1200.317, § 7, 6-8-04)

This section applies to uses classified as Agriculture: Urban in § 2.10.040. Uses classified as Agriculture: Urban shall be subject to all of the following:

A.

Structures. Structures supporting urban agriculture shall conform to § 4.20.020 for accessory structures; provided, however, that portable and temporary shelter structures, including hoop-houses, greenhouses and modular units, may be placed anywhere outside of the front-yard setback required by the applicable zoning regulations for principal buildings (see tables 2.30-3 and 2.40-2).

B.

Fences. Notwithstanding the limitations on fences in urban residential districts in § 4.20.020, a fence taller than three feet, but not taller than six feet in height may be erected within the front 20 feet of the lot, or within any portion of a lot where a three-foot height limitation may otherwise be applicable. Such front yard fence shall have a "substantially open" composition, where not more than 25 percent of the vertical surface plane is solid when viewed perpendicular to the fence. Such front yard fence shall be removed immediately upon the cessation of the urban agriculture use.

C.

On-Site Sales. On-site sales of agricultural products shall be allowed, subject to all of the following:

1.

Only agricultural products, including value-added products, grown and produced on the site shall be sold.

2.

Sales shall be limited to not more than two days per week in R1, R1E, RHS, R1S, R3S, R2, and R3 districts. Not more than one of the two days may be a weekend day.

3.

A stand or other structure may be used for product sales. In R1, R1E, RHS, R1S, R3S, R2, and R3 districts, such stand or structure shall be portable, and shall be dismantled or removed during non-operating hours.

D.

Composting, Refuse Storage. Compost bins and refuse containers shall be located no closer than five feet to any property line. Composting activity and refuse storage shall be designed and operated to discourage rodents and pest insects.

E.

Signs. On-site signs may be installed to provide identification, information and directions relating to the urban agriculture operation. No sign shall be larger than eight square feet in area, nor taller than 12 feet in height.

F.

Pesticides. Pesticide use shall be subject to applicable federal and state regulations, and may require an operator identification number issued by the county division of agriculture.

(Ord. No. NS-1200.352, § 4, 9-29-15; Ord. No. NS-1200.355, § 5, 4-26-16)

This section refers to uses classified as Agricultural Processing as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Origin of products. The proposed use will process, package and distribute agricultural products grown in the area (Santa Clara County and nearby counties), or distribute and sell agricultural products grown and processed in the area (this does not preclude the importation of agricultural products to maintain a consistent production schedule or stock);

B.

Conserving farmland. The use should be located on marginal agricultural parcels, or marginal portions of non-marginal parcels, and sited to minimize disturbance of productive agricultural soils;

C.

Non-interference. The uses shall be sited so as to not substantially interfere with existing agricultural operations; and

D.

Off-site impacts. New uses shall be sited or mitigated (or both) to avoid significant impacts to adjacent residential uses. This does not preclude the expansion, improvement or refurbishment of existing agriculture-related uses that will encourage the retention of such use within agriculturally designated areas.

This section refers to uses classified as Agricultural Employee Housing as described in § 2.10.030. Such uses shall comply with all requirements of this section.

A.

Definitions: For purposes of this section the following words and phrases have the following meanings:

1.

Agricultural employee means an agricultural employee, operator, or owner primarily engaged in an agricultural operation, as verified through the provisions of subsection 4.10.040(D); and

2.

Agricultural operation means farming and ranching in all their forms and has the same definition as in § B29-2(b) of the Ordinance Code.

B.

Requirements for Seasonal Agricultural Employee Housing:

1.

All seasonal agricultural housing shall include on-site access to either individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom;

2.

All seasonal agricultural housing facilities that generate wastewater shall be directly connected to approved water and wastewater systems that comply with the Ordinance Code; and

3.

All seasonal agricultural employee housing shall be occupied exclusively by agricultural employees and their family members for no more than a total of 180 days per calendar year. Compliance with these occupancy requirements shall be verified annually in accordance with subsection 4.10.040(D).

C.

Requirements for Small-Scale Permanent Agricultural Employee Housing:

1.

Individual dwelling units shall not exceed 1,200 square feet;

2.

Group living quarters and supporting facilities shall not exceed 400 square feet per agricultural employee;

3.

Residential setbacks and all other development standards of the zoning district shall apply;

4.

All development shall occur on a legally established lot with legal access to a public road; and

5.

All small-scale permanent agricultural employee housing shall be occupied exclusively by agricultural employees and their family members for at least a total of 180 days per calendar year. Compliance with these occupancy requirements shall be verified annually as provided in this subsection 4.10.040(D).

D.

Annual Verification: The owner of each parcel containing agricultural employee housing shall submit a completed annual verification form to the Department of Planning and Development no later than January 31 of each year. The Department shall prepare and maintain a verification form for this purpose. The completed verification form and supporting documentation shall require the property owner to meet all of the following requirements:

1.

Verify and provide substantial evidence that any permanent agricultural employee housing was occupied by agricultural employees for a minimum of 180 days during the preceding calendar year;

2.

Declare that any permanent agricultural employee housing will be occupied by agricultural employees for a minimum of 180 days during the current calendar year;

3.

Designate the specific days (not exceeding 180) that any seasonal agricultural employee housing will be occupied during the calendar year, and verify that the units will be removed from the property outside of the designated occupancy dates;

4.

Verify and provide substantial evidence, through a site plan or map, of the location of all proposed seasonal agricultural employee housing and any shared facilities such as cooking facilities, showers, and restrooms, adequate to support the proposed occupancy; and

5.

Provide evidence of a permit to operate (or exemption) from the California Department of Housing and Community Development, if required by state law.

E.

Recordation of Notice: For permanent agricultural employee housing, a notice shall be recorded pursuant to § 5.20.125 that such housing shall be used only for agricultural employee housing and the conditions and requirements applicable to such use. A property owner shall also provide written disclosure of all such conditions and requirements before any sale, lease or financing of the property.

F.

State and Federal Requirements: Any owner or operator of agricultural employee housing shall comply with all state and federal requirements applicable to such housing, including but not limited to the following:

1.

Where required by state law, a person intending to operate agricultural employee housing shall obtain and maintain a permit to operate (or exemption) from the California Department of Housing and Community Development pursuant to the Employee Housing Act (Health & Safety Code § 17000 et seq.) and regulations promulgated thereunder (California Code of Regulations, Title 25, § 600 et seq.).

2.

Where mobile homes and movable tiny homes are used for agricultural employee housing, additional state permitting requirements may apply under the Mobile home Parks Act (Health & Safety Code § 18200 et seq.) or the Special Occupancy Parks Act (Health & Safety Code § 18860 et seq.) and regulations promulgated thereunder.

G.

Discontinuance of Use: If permanent agricultural employee housing ceases to be occupied by agricultural employees for more than two consecutive calendar years then such housing and ancillary facilities shall be removed from the property within six months and the property owner may be subject to administrative citations, administrative fines, or other enforcement measures until the property is brought into full compliance. In the case of an emergency or other extenuating circumstance such as drought or wildfire, which may temporarily impede ongoing agricultural operations, discontinuance of agricultural employee housing use for longer than two consecutive calendar years may be allowed subject to approval by the Planning Director.

(Ord. No. NS-1200.375(10.20.2020), § 6, 10-20-20)

This section refers to uses classified as Agriculturally Related Entertainment and Commercial Uses as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Conserving farmland. The use should be located on marginal agricultural parcels or marginal portions of non-marginal parcels, and sited to minimize use of productive agricultural soils;

B.

Non-interference. The use shall be sited so as to not substantially interfere with existing agricultural operations; and

C.

Positive marketing. The proposed use will help to further an image of Santa Clara County as a viable agricultural area and help promote Santa Clara County agricultural products.

This section refers to uses classified as Bed and Breakfast Inns as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Occupancy limitation. No guest shall occupy the premises more than 14 days within any 30-day period.

B.

Interior orientation. Guest rooms shall primarily be accessed through interior entryways. Secondary exterior entryways shall be limited such that the individual guest rooms are not apparent from off the premises.

C.

Cooking facilities. With the exception of coffee makers and similar small beverage-warming appliances, no separate cooking facilities shall be provided within individual guest rooms.

D.

Receptions and gatherings. Small-scale receptions or similar gatherings may be held incidentally to the primary bed and breakfast inn use, subject to all of the following:

1.

The number and duration of the gatherings and the number of participants may be limited by the Planning Commission, based on the location and characteristics of the site (e.g.: size of parcel, level of traffic, number of parking spaces, proximity to adjoining residences, number of restrooms, and location in a rural or urban setting);

2.

The gatherings and all participants shall be restricted to the vicinity of the bed and breakfast inn; and

3.

The gatherings shall not involve the use of amplified sound or lighting that are highly visible from off-site.

This section refers to uses classified as Camps and Retreats as described in Section 2.10.040. All of the following provisions apply in A, Exclusive Agriculture zoning districts:

A.

Prohibited in Agriculture—Large Scale. Not allowed on any land designated Agriculture—Large Scale by the General Plan.

B.

Agriculture—Medium Scale lands. May be allowed on lands with a General Plan designation of Agriculture —Medium Scale, provided that:

1.

The property is deemed by the decision-maker to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible non-agricultural uses; and

2.

The proposed uses are intended, designed, and sized to primarily serve the local rural unincorporated population.

This section refers to uses classified as Cemeteries as described in Section 2.10.040. All of the following provisions apply in A, Exclusive Agriculture zoning districts:

A.

Prohibited in Agriculture—Large Scale. Not allowed on any land designated Agriculture—Large Scale by the General Plan.

B.

Agriculture—Medium Scale lands. May be allowed on lands with a General Plan designation of Agriculture —Medium Scale, provided that:

1.

The property is deemed by the decision-maker to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible non-agricultural uses; and

2.

The proposed uses are intended, designed, and sized to primarily serve the local rural unincorporated population.

This section refers to uses classified as Community Care as described in § 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Public Services. The use is located where public emergency support, including fire, sheriff and paramedic services, will be able to respond as quickly as may be needed by the special nature of the facility.

B.

Dispersal. The use shall not be located in an area with a concentration of similar facilities.

C.

Limitations in RR Districts. Uses classified as Community Care: Expanded, shall be subject to the following criteria when proposed in any RR district:

1.

Minimum lot size shall be five (5) acres.

2.

The maximum floor area of buildings for residential use shall be 10,000 square feet. This limitation shall be applied cumulatively to any facility with multiple residential buildings.

3.

Capacity of residential facilities shall not exceed 36 residents.

4.

The use must be intended, designed, and sized to primarily serve the local rural unincorporated population.

D.

Limitations in A, AR and HS Districts. Uses classified as Community Care: Expanded, shall be subject to the following criteria when proposed in any A, AR, and HS district:

1.

Minimum lot size shall be 10 acres.

2.

The maximum floor area of buildings for residential use shall be 10,000 square feet. This limitation shall be applied cumulatively to any facility with multiple residential buildings.

3.

Capacity of residential facilities shall not exceed 36 residents.

4.

The use must be intended, designed, and sized to primarily serve the local rural unincorporated population.

E.

Agriculture General Plan Designation. In addition to the criteria of subsection D, above, uses classified as Community Care: Expanded are subject to the following additional limitations:

1.

Such uses are not allowed on any land designated Agriculture—Large Scale by the general plan.

2.

Such uses shall only be allowed on lands with a general plan designation of Agriculture—Medium Scale if the subject lot is deemed by the decision-maker to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible non-agricultural uses.

(Ord. No. NS-1200.345, § 9, 6-10-14; Ord. No. NS-1200.349, § 7, 4-7-15)

Editor's note— Section 13 of Ord. No. NS-1200.327, adopted Feb. 9, 2010, deleted § 4.10.100, which pertained to corporation yards and derived from Ord. No. NS-1200.307.

§ 4.10.110. - Dairies.

This section refers to uses classified as Dairies as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Lot size. The minimum lot size shall be 20 acres;

B.

Proximity to residential uses. The use shall not be located in the immediate vicinity of residential development. For the purposes of this provision, residential development shall be generally considered to be any substantial grouping of residentially developed lots that are each less than 2.50 acres in area. It shall be within the discretionary authority of the Planning Commission to more precisely define "residential development" and "immediate vicinity" as those terms may apply to a particular proposal; and

C.

Environmental impacts. Corrals and pen areas and manure stockpiles shall be designed and situated to prevent groundwater and surface watercourse contamination, and avoid other health or nuisance problems, including vector and fly control per County Department of Environmental Health (DEH) regulations.

This section refers to uses classified as Emergency Shelters as described in Section 2.10.030. Such uses shall be subject to all of the following:

A.

Supportive Services: The emergency shelter operation shall provide services to assist clients in obtaining and maintaining permanent housing. In addition, the operation shall provide one or more of the following: comprehensive case-management services, skills training, assistance in obtaining employment or public assistance, mental health counseling, conflict resolution, child care.

B.

Duration of Stay: Emergency shelter occupancy shall be provided to clients for no more than two months. Extensions up to a total stay of six months may be provided if the operator can demonstrate that no alternative housing is available.

C.

On-site Staffing: The emergency shelter operator shall provide on-site staff (paid or volunteer) during the hours the shelter is in operation.

D.

Operating Plan: Prior to building permit issuance, or prior to commencing facility operation (whichever would occur first), the organization operating the emergency shelter shall provide to the Planning Office a facility operation plan that details how the facility will conform to the criteria of the most recently published Santa Clara Countywide Quality Assurance Standards for Homeless Housing and Service Programs, prepared by the Santa Clara County Collaboration on Affordable Housing and Homeless Issues. The plan shall also detail the supportive services programs required under subsection A, above.

E.

Common Facilities: The emergency shelter shall be designed and operated to include all of the following:

1.

An interior reception/client-intake area that is no smaller than ten square feet per client (based on facility capacity).

2.

Common resident assembly area, such as living room, dining room, lounge or recreation room, at least 200 square feet in area. This shall be in addition to the minimum area required for reception/client intake area.

3.

Outdoor area at least 600 square feet in area that is screened from off-premises view with a minimum sixfoot tall solid fence or wall.

4.

Office space: At least one private office for emergency shelters with up to 14 clients, and one additional office for each additional increment of 14 clients (two required for 15—28 clients, etc.). The offices shall be

primarily used to manage the shelter operation and to provide services to clients.

5.

On-site laundry facilities adequate for the number of clients.

6.

Where common (dormitory-style) sleeping areas are provided, a minimum of 80 square feet of floor space shall be provided per bed.

F.

Outdoor Lighting: The emergency shelter shall provide sufficient outdoor lighting to provide visibility at entrances and common outdoor areas. The lighting shall not be directed toward adjacent properties or public rights-of-way.

G.

Refuse Enclosures: Outdoor refuse storage areas shall be enclosed with masonry or concrete walls not less than five feet tall with gated openings as appropriate to provide access.

H.

Separation from Other Shelters: Any new emergency shelter shall be at least 300 feet from any other

emergency shelter, measured from the boundaries of the lot upon which the shelter is sited. A single shelter operation may, however, occupy land on more than one abutting lot.

I.

Area Capacity Cap: No emergency shelter shall be established that will result in a total established shelter capacity in excess of 140 clients within each of the areas identified in Figure 4.10-1 and Figure 4.10-2. For the purposes of this section, "established shelter capacity" shall include client capacity of any authorized transitional housing and/or supportive housing facilities, in addition to client capacity of emergency shelters.

J.

Notification of Operation: Within 30 days of commencement of operations, emergency shelter operators shall provide written notice to the Planning Office stating of the date of commencement of operations, address, and capacity of the shelter.

The establishment of a small-scale emergency shelter ancillary to any County-authorized religious institution or nonprofit institution shall be allowed by right. County-authorized religious institutions or nonprofit institutions that include ancillary small-scale shelters shall not be subject to criteria A, D, E, F, G, H or I.

==> picture [285 x 432] intentionally omitted <==

(Ord. No. 1200.345, § 10, 6-10-14)

§ 4.10.120. - Entertainment—Seasonal outdoor.

This section refers to uses classified as Entertainment—Seasonal Outdoor as described in Section 2.10.040. Such uses shall comply with all of the following provisions:

A.

Limitations. The number and size of the indoor and outdoor events and productions shall be limited by the Planning Commission based on the location and characteristics of the site (e.g. size of parcel, types of events and productions, level of traffic, access, number of parking spaces, proximity to adjoining residences, number of restrooms).

B.

Criteria. Such uses shall be subject to all of the following:

The project area shall be situated and designed such that the activities—particularly noise and lights— minimally impact adjacent properties. Setbacks, buffers and other measures shall be utilized to mitigate impacts;

2.

The use shall promote, protect or preserve a registered historic cultural resource;

3.

Activities shall not result in significant loss or conversion of agricultural lands or open space;

4.

The proposed parking plan shall comply with County requirements so as not to detrimentally impact the adjacent neighborhood;

5.

Traffic generated by the use shall not significantly impact the surrounding area;

6.

The use shall have an emergency plan that includes, but is not limited to, plans for evacuation, crowd control, medical emergencies, and security;

7.

Events shall not be conducted beyond 11:00 p.m.;

8.

The proposed use shall not be significantly affected by flooding or result in significant changes to drainage patterns; and

9.

The applicant has or will provide a plan or other evidence that the use will properly dispose of solid waste and litter, minimize the need for additional fire or police protection and not significantly increase the need for or require maintenance of other public facilities or services.

This section refers to uses classified as Feed Lots as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Lot size. The minimum lot size shall be 20 acres;

B.

Proximity to residential uses. The use shall not be located in the immediate vicinity of residential development. For the purposes of this provision, residential development shall be generally considered to be any substantial grouping of residentially developed lots that are each less than 2.50 acres in area. It shall be within the discretionary authority of the Planning Commission to more precisely define "residential development" and "immediate vicinity" as those terms may apply to a particular proposal; and

C.

Waste control. Manure stockpiles shall be designed and situated to prevent groundwater and surface watercourse contamination, and avoid other health or nuisance problems, including vector and fly control per County Department of Environmental Health (DEH) regulations.

This section refers to uses classified as Golf Courses and Country Clubs as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Limitation in A districts. Uses classified as Golf Courses and Country Clubs are not allowed on any land designated Agriculture—Large Scale by the General Plan. May be allowed on lands with a General Plan designation of Agriculture—Medium Scale, subject to all of the following:

1.

The subject parcel is deemed by the decision-maker to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible nonagricultural uses;

2.

The proposed uses are intended, designed, and sized to primarily serve the local rural unincorporated population;

3.

The proposed use is contiguous to a designated urban service area or includes an irrevocable offer of development rights for all lands between the use and the urban service area;

4.

The proposed use would serve as a buffer between an agricultural operation and an existing or planned urban residential neighborhood, or other urban use found to be incompatible with agriculture, already located within the urban service area of a city;

5.

A permanent open space easement is provided for the site of the proposed use;

The use includes setbacks, buffers or other measures designed to minimize its impact on existing and potential agricultural uses in the area;

7.

Under no circumstances shall housing be included as part of the use, except for a caretaker unit;

8.

The use must be compatible with and not result in limitations on any agricultural operation;

9.

Facilities associated with the golf course or driving range shall be limited to those which serve golfers on the course or range. For example: locker and shower facilities, pro shop with incidental sales of golfing equipment, snack bar and maintenance operations. Such facilities shall not include restaurants, other retail sales, lodging, health clubs, or similar uses; and

10.

The proposed use shall substantially conform to the adopted Environmental and Design Guidelines for Golf Courses in Santa Clara County.

B.

Criteria for other districts. Uses classified as Golf Courses and Country Clubs permitted in districts other than the A, Exclusive Agriculture district, shall be subject to all of the following:

1.

The proposed use shall substantially conform to the adopted Environmental and Design Guidelines for Golf Courses in Santa Clara County; and

2.

The size, design and intensity of any related use shall be of an appropriate scale to the size of the golf course and country club development.

(Ord. No. NS-1200.343, § 2, 2-10-15)

This section refers to uses classified as Golf Driving Ranges as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Limitation in A districts. Uses classified as Golf Driving Ranges are not allowed on any land designated Agriculture—Large Scale by the General Plan. May be allowed on lands with a General Plan designation of Agriculture—Medium Scale, subject to all of the following:

The subject parcel is deemed by the Planning Commission to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible non-agricultural uses;

2.

The proposed uses are intended, designed, and sized to primarily serve the local rural unincorporated population;

3.

The proposed use is contiguous to a designated urban service area or includes an irrevocable offer of development rights for all lands between the use and the urban service area;

4.

The proposed use would serve as a buffer between an agricultural operation and an existing or planned urban residential neighborhood, or other urban use found to be incompatible with agriculture, already located within the urban service area of a city;

5.

A permanent open space easement is provided for the site of the proposed use;

6.

The use includes setbacks, buffers or other measures designed to minimize its impact on existing and potential agricultural uses in the area;

7.

Under no circumstances shall housing be included as part of the use, except for a caretaker unit;

8.

The use must be compatible with and not result in limitations on any agricultural operation; and

9.

Facilities associated with the golf course or driving range shall be limited to those which serve golfers on the course or range (e.g.: locker and shower facilities, pro shop with incidental sales of golfing equipment, snack bar and maintenance operations). Such facilities shall not include restaurants, other retail sales, lodging, health clubs, or similar uses.

B.

Criteria for other districts. Uses classified as Golf Driving Ranges permitted in districts other than the A, Exclusive Agriculture district, shall be subject to all of the following:

Minimum lot size shall be ten acres; and

2.

The use shall not substantially alter the natural environment or be detrimental to the residential neighborhood.

This section refers to uses classified as Helipads as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Siting and buffering. The project area shall be situated and designed such that the helicopter minimally impacts adjacent properties. Setbacks, buffers and other measures shall be utilized to mitigate impacts;

B.

Helicopter capacity. The helicopter capacity shall not exceed six passengers;

C.

Noise study. The applicant shall furnish a noise study demonstrating that the noise generated by this use shall not exceed the exterior noise limits, including those for impulsive noise, established in the County Noise Ordinance;

D.

Federal regulations. Construction of the helipad shall conform to federal aviation design advisory circulars and regulations;

E.

Hours of operation. Specific hours of operation shall be established by the Planning Commission;

F.

Service and repair. Only limited service or repair of the helicopter shall occur on the site; and

G.

Flight limits. A maximum number of flights per day and per week shall be established by the Planning Commission.

This section refers to uses classified as Historic Structure—Use Conversion as described in Section

2.10.040. Such uses shall be subject to all of the following provisions:

A.

Intent to preserve. The proposed use conversion shall restore the essential integrity of and return to viability the existing historic structure or resource and its setting.

B.

Review. The proposed use and all related modifications shall be reviewed by the Historical Heritage Coordinator and the Historical Heritage Commission for substantial conformance with the intent of the Zoning Ordinance and with any appropriate and applicable standards and guidelines for historic restoration and preservation.

C.

Additions/alterations. The proposed use shall be contained within the existing historic structure or structures without need for additions or additional separate structures or buildings, unless the proposed additions or additional structures have been evaluated and approved by the Historical Heritage Coordinator and Historical Heritage Commission for compatibility with the existing historic structure.

This section refers to uses classified as Home Occupations as described in § 2.10.030. Such uses shall be subject to all of the following provisions, as they apply to each of the subcategories of use:

A.

Home Occupations: General. Uses classified as Home Occupations: General shall be subject to all of the following:

1.

The use shall be clearly incidental and subordinate to the residential use of the property and shall not change the character thereof;

2.

The use shall be conducted within the dwelling by resident occupants, and may include one (1) nonresident employee;

3.

The use shall not create additional pedestrian, automobile or truck traffic in excess of the normal amount typical for the area. Client or customer visits to the site shall normally be limited to not more than three (3) per day, and 10 per week;

4.

No activity shall be allowed that creates offensive noise, dust, smoke, odor, vibrations, glare, or radio or television interference that is noticeable from beyond the property boundaries;

5.

No hazardous materials other than those commonly found within a residence shall be used or stored on the site. Such materials and equipment shall be limited to quantities that do not constitute a fire, health or safety hazard;

6.

Not more than one (1) truck or van, whose capacity shall not exceed one (1) ton, shall be used in any manner with the home occupation. Vehicles should not contain display advertising;

7.

One (1) non-illuminated sign not exceeding one (1) square foot in area may be appropriately placed to identify the home occupation; and

8.

Uses which include the following shall not be allowed as home occupations:

a.

On-site automotive repair or service (includes any mechanism containing an internal combustion engine);

b.

Commercial food preparation other than a cottage food operation, as defined in Section 113758 of the California Health and Safety Code;

c.

Medical or veterinary services;

d.

Massage;

e.

Painting of vehicles, trailers, boats or machinery;

f.

Pest control; or

g.

Any use which violates any applicable law.

B.

Interpretation Procedures. Any person who desires an official written determination as to whether or not a particular use constitutes a general home occupation may request an interpretation by the zoning administrator, in accordance with the following:

1.

Such interpretation shall require completing a home occupation questionnaire, and submitting such questionnaire to the planning office along with a filing fee as required by the Board of Supervisors;

2.

The zoning administrator shall review the submitted documentation and on that basis interpret whether or not the use fits the definition and conforms to the criteria of subsection A of this section. The zoning administrator may arrange a site inspection and may request additional information if a clear determination cannot be made from the submitted material;

3.

When issuing the interpretation, the zoning administrator may establish specific conditions for the use in order to mitigate potential impacts on neighboring properties. The criteria of subsection A of this section shall be incorporated as minimum conditions of approval; and

4.

Within 15 calendar days after the decision of the zoning administrator, any person dissatisfied with the decision may file an appeal to the Planning Commission. Appeals shall be filed with the planning office and shall be accompanied by a fee as prescribed by the Board of Supervisors. The decision of the Planning Commission shall be final.

C.

Home Occupations: Expanded. Uses classified as Home Occupations: Expanded shall comply with the requirements of this section. The purpose of these provisions is to allow, in suitable locations, more intensive home occupation uses which: (1) allow residents greater economic self sufficiency, (2) indirectly support agriculture by enhancing the economic viability of living on agricultural property, (3) minimally impact neighboring properties, and (4) are clearly subordinate to primary residential or agricultural uses, and do not diminish agricultural viability or neighborhood character. Such uses shall be subject to all of the following:

1.

The minimum lot size shall be one (1) acre, gross;

2.

The use shall be clearly incidental and subordinate to the residential and (if applicable) agricultural use of the property and shall not change the character thereof;

The use shall be conducted within the dwelling or accessory building by resident inhabitants, and may include one (1) nonresident (up to full-time) employee;

4.

Accessory buildings containing expanded home occupation uses shall be limited in area to not more than 1,200 square feet (total). A larger building may be used provided the home occupation area is structurally partitioned to not exceed 1,200 square feet;

5.

Storage of equipment and materials outside of buildings shall be limited to a specified area not exceeding 600 square feet, and shall be appropriately screened to be not visible from outside the property boundaries. Equipment and materials shall be limited to quantities that do not constitute a fire, health or safety hazard;

6.

The use shall not create additional pedestrian, automobile or truck traffic in excess of normal amount typical for the area. Client or customer visits to the site shall normally be limited to not more than three (3) per day, and 10 per week;

7.

No activity shall be allowed that creates offensive noise, dust, smoke, odor, vibrations, glare, or radio or television interference that is noticeable from beyond the property boundaries;

8.

Not more than two (2) trucks or vans, whose capacity shall not exceed one (1) ton per vehicle, shall be used in any manner with the home occupation use. Vehicles should not contain display advertising that exceeds the limitations of criterion 9 below;

9.

One (1) non-illuminated sign not exceeding four (4) square feet in area may be appropriately placed to identify the business, but should not be intended as an advertising display to attract customers. Such a sign shall not be located within the required front yard setback, nor within any street right-of-way. There shall be no display of products visible from outside the property boundaries;

10.

Uses which are expressly prohibited or uses which may be authorized subject to discretionary land use approval by other provisions of this zoning ordinance shall not be authorized as expanded home occupations; and

11.

Uses which include the following shall not be allowed as expanded home occupations:

a.

On-site automotive repair or service (includes any mechanism containing an internal combustion engine);

b.

Commercial food preparation other than a cottage food operation, as defined in Section 113758 of the California Health and Safety Code;

c.

Medical or veterinary services;

d.

Massage;

e.

Painting of vehicles, trailers, boats or machinery;

f.

Pest control; or

g.

Any use which violates any applicable law.

(Ord. No. NS-1200.349, § 8, 4-7-15)

§ 4.10.190. - Hospitals and clinics.

This section refers to uses classified as Hospitals and Clinics as described in Section 2.10.040. All of the following provisions apply in the A, Exclusive Agriculture zoning district:

A.

Prohibited in Agriculture—Large Scale. Not allowed on any land designated Agriculture—Large Scale by the General Plan.

B.

Agriculture—Medium Scale lands. May be allowed on lands with a General Plan designation of Agriculture —Medium Scale, provided that all of the following provisions are met:

1.

The property is deemed by the decision-maker to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible non-agricultural uses;

The proposed uses are intended, designed, and sized to primarily serve the local rural unincorporated population; and

3.

The maximum gross floor area of covered spaces (enclosed and unenclosed structures) shall be limited to no more than 10,000 square feet.

This section applies to uses classified as Industrial Hemp as described in § 2.10.040. Such uses shall be subject to all of the following requirements:

A.

Industrial Hemp Registration. Any person engaging in cultivation, seed breeding, or research shall register with the County Agricultural Commissioner prior to operation. A copy of this registration, and the annual renewal registration, shall be filed by the operator with the Planning Office within ten calendar days of issuance.

B.

Criteria for Industrial Hemp. Industrial hemp operations shall comply with all applicable state and federal regulations and shall also be subject to the following requirements:

1.

Buffer and Setback Requirements. The following buffer and setback requirements shall apply:

a.

No industrial hemp operation with a contiguous acreage of up to 250 acres shall be allowed within onequarter mile from any sensitive receptor, unless specified in § 4.10.195(B)(1)(c). For purposes of this section, sensitive receptors are: city urban service area boundary lines; parcels in the RR, "Rural Residential" zoning district; and legally established child day-care facilities, hospitals, medical facilities, religious institutions, wineries, schools, and playfields.

b.

No industrial hemp operation shall be allowed within 200 feet from any dwelling unit or public or private road right-of-way, unless specified in § 4.10.195(B)(1)(c). An exception to this setback requirement may be granted by the Planning Director through the Planning Clearance process for adjoining parcels proposed for any industrial hemp operation owned or leased by the applicant.

c.

For indoor industrial hemp operations, the buffer and setback requirements specified above shall not be required if appropriate air purification systems and air scrubbers, as determined by the Planning Director or designee, are installed within the premises to control odor. For purposes of this section, indoor industrial hemp operations means operations within a fully enclosed structure.

2.

Maximum Acreage. Each industrial hemp operation for cultivation and/or research shall be limited to a cumulative total of 250 acres.

3.

Planning Clearance Termination and Renewal. The Planning Clearance shall automatically terminate upon non-renewal of the annual County Agricultural Commissioner registration for industrial hemp cultivation.

4.

Signage. Each industrial hemp operation site shall post signage with appropriate size and content as specified by the County Agricultural Commissioner to clearly identify that the site is for industrial hemp operation. The signage shall be located at the main entrance to the parcel, entrance to an indoor facility, and at intervals no less than 600 feet along an exterior perimeter facing a public or private road.

C.

Consent to Enter, Inspection, and Test. The County, or its contractor, may enter and inspect any industrial hemp operation site during business hours without giving notice to verify compliance with this Section. Testing by County officers and employees shall be allowed to verify that the industrial hemp contains less than 0.3 percent Tetrahydrocannabinol (THC), at the cost and expense of the registrant.

D.

Additional provisions for Industrial Hemp: Agricultural Processing. In addition to the applicable provisions of subsection B and C, uses classified as Industrial Hemp: Agricultural Processing are subject to supplemental use regulations for Agricultural Processing as listed in § 4.10.030.

(Ord. No. NS-1200.373, § 3, 8-25-20)

This section refers to uses classified as Kennels—Commercial as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Lot size. The minimum lot size shall be 2.50 acres;

B.

Proximity to residential uses. The use shall not be located in the immediate vicinity of residential development. For the purposes of this provision, residential development shall be generally considered to be any substantial grouping of residentially developed lots that are each less than 2.50 acres in area. It shall be within the discretionary authority of the Planning Commission to more precisely define "residential development" and "immediate vicinity" as these terms may apply to a particular proposal;

C.

Confinement and separation from adjacent dwellings. The animals shall be kept within a confined area situated and designed such that the activities—particularly noise, odors, dust and lights—minimally impact adjacent properties. Setbacks, buffers and other measures shall be utilized to mitigate impacts;

D.

Screening. The use shall be screened so as not to be visible from adjacent properties; and

E.

Other requirements. All provisions of Division B31 of the Ordinance Code shall apply to the establishment and operation of a commercial kennel. This includes obtaining a permit from the Director of Animal Control.

(Ord. No. NS-1200.318, § 8, 3-28-06)

§ 4.10.210. - Livestock auction yards.

This section refers to uses classified as Livestock Auction Yards as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Lot size. Minimum lot size shall be ten acres; and

B.

Proximity to residential development. The use shall not be located in the immediate vicinity of residential development. For the purposes of this provision, residential development shall be generally considered to be any substantial grouping of residentially developed lots that are each less than 2.50 acres in area. It shall be within the discretionary authority of the Planning Commission to more precisely define "residential development" and "immediate vicinity" as these terms may apply to a particular proposal.

This section refers to uses classified as Mushroom Farms as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Lot size. Minimum lot size shall be ten acres.

B.

Proximity to residential development. The use shall not be located in the immediate vicinity of residential development. For the purposes of this provision, residential development shall be generally considered to be any substantial grouping of residentially developed lots that are each less than 2.50 acres in area. It shall be within the discretionary authority of the Planning Commission to more precisely define "residential development" and "immediate vicinity" as these terms may apply to a particular proposal; and

C.

Environmental impacts. Stockpiling areas for planting material shall be designed and situated to prevent groundwater and surface watercourse contamination, and avoid other health or nuisance problems, including vector and fly control pursuant to County Department of Environmental Health regulations.

This section refers to uses classified as Nonprofit Institutions as described in Section 2.10.040. Such uses shall be subject to all of the following provisions in the A, Exclusive Agriculture zoning district:

A.

Prohibited in Agriculture—Large Scale. Not allowed on any land designated Agriculture—Large Scale by the General Plan.

B.

Agriculture—Medium Scale lands. May be allowed on lands with a General Plan designation of Agriculture —Medium Scale, provided that all of the following are met:

1.

The subject lot is deemed by the decision-maker to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible non-agricultural uses;

2.

The proposed uses are intended, designed, and sized to primarily serve the local rural unincorporated population; and

3.

The maximum gross floor area of covered spaces (enclosed and unenclosed structures) shall be limited to no more than 10,000 square feet.

This section refers to uses classified as Poultry and Egg Farms—Commercial as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Lot size. Minimum lot size shall be ten acres;

B.

Proximity to residential development. The use shall not be located in the immediate vicinity of residential development. For the purposes of this provision, residential development shall be generally considered to be any substantial grouping of residentially developed lots that are each less than 2.50 acres in area. It shall

be within the discretionary authority of the Planning Commission to more precisely define "residential development" and "immediate vicinity" as these terms may apply to a particular proposal; and

C.

Environmental impacts. Chicken coop areas and chicken manure stockpiles shall be designed and situated to prevent groundwater and surface watercourse contamination, and avoid other health or nuisance problems, including vector and fly control pursuant to County Department of Environmental Health regulations.

§ 4.10.250. - Radio-controlled model aircraft facilities.

This section refers to uses classified as Radio-Controlled Model Aircraft Facilities as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Runway location. The facility's runway shall be located no closer than 2,000 feet from a residence, school, place of business, or state highway;

B.

Visibility. The facility shall be situated so that the flight area is fully visible to the aircraft operation and there is no terrain or vegetation to obstruct line of sight;

C.

Management. The facility shall be administered and supervised by a recognized radio-controlled model aircraft organization;

D.

Operational procedures. On-field operational procedures shall be established which include the following:

1.

The use of a frequency control board and colored frequency control mechanisms on transmitters to eliminate frequency interference between flying aircraft;

2.

The posting of flying field rules in a prominent location of flying activity; and

E.

Noise impacts. Noise produced by the proposed use shall not have an adverse impact upon the environment. All powered aircraft shall have mufflers;

F.

Hours of operation. Hours of operation shall be restricted to daylight hours;

G.

Fire measures. Adequate fire vehicle access shall be provided; a fire extinguisher shall be kept in good condition in the pit area of the facility.

This section refers to uses classified as Reception Facilities as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Limits on operations. The number and size of receptions and the days and hours of operation may be limited by the Planning Commission based on the location and characteristics of the site (e.g., size of parcel, level of traffic, number of parking spaces, proximity to adjoining residences, number of restrooms).

B.

Los Gatos Hillside Area. Such uses are not allowed within the Los Gatos Hillside Specific Plan Area.

C.

Lighting and noise. Lighting shall be limited such that light sources are generally not visible from off-site where it would significantly impact adjoining neighbors. Noise levels shall conform to applicable provisions of County Noise Ordinance.

This section refers to uses classified as Recreational Playgrounds and Sports Fields as described in Section 2.10.040. Such uses shall be subject to all of the following provisions in the A, Exclusive Agriculture zoning district:

A.

Prohibited in Agriculture—Large Scale. Not allowed on any land designated Agriculture—Large scale by the General Plan.

B.

Agriculture—Medium Scale lands. May be allowed on lands with a General Plan designation of Agriculture —Medium Scale, provided that all of the following are met:

1.

The subject lot is deemed by the decision-maker to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible non-agricultural uses.

2.

The proposed uses are intended, designed, and sized to primarily serve the local rural unincorporated population.

3.

The maximum gross floor area of covered spaces (enclosed and unenclosed structures) shall be limited to no more than 10,000 square feet.

This section refers to uses classified as Recreational Vehicle Parks as described in § 2.10.030 and § 2.10.040. Such uses shall be subject to all of the following provisions:

A.

General. Recreational Vehicle Parks (RV Parks) are required to obtain a permit from the California Department of Housing and Community Development prior to opening. Nothing in this section shall be construed to abrogate or conflict with any state laws or regulations relevant to RV Parks.

B.

RV Park Boundary. The site plan for a proposed RV Park shall clearly identify the RV Park boundary, which shall at minimum exclude setback areas required by the applicable base zoning district and any required perimeter landscaping.

C.

Compliance with State and Local Laws. RV Parks shall comply with all applicable state laws and regulations; County ordinances, guidelines, and standards; and other local ordinances and regulations. If application of any County ordinance, guideline, or standard would conflict with or be preempted by state law, state law shall govern, but only to the extent of the specific issues of conflict.

D.

Criteria. An RV park (including approved ancillary uses under the same ownership or management), shall comply with all of the following requirements before it may be approved:

1.

Duration of Stays. No recreational vehicle shall stay at an RV Park for more than 30 consecutive days or for more than 30 total days in any 90-day period. An RV Park owner may apply for an exemption from this stay limitation from the County pursuant to Health and Safety Code Section 18865.2. Exemption requests submitted after a use permit is granted shall be processed as a use permit modification. Impacts to be considered in determining whether to grant an exemption shall include, but are not limited to, whether there will be any adverse impact on local school districts due to the additional enrollment of residents from the RV Park.

2.

General Health and Safety. The RV Park shall comply with all applicable state and local health and safety requirements. This may include facilities such as public restrooms, showers, and laundry facilities. All recreational vehicle spaces shall be provided with individual connections to an adequate wastewater disposal system, potable water, electrical hookups, and individual closed trash containers or a common closed trash container as approved by the Department of Environmental Health. The RV Park shall not be located in a 100-year floodplain unless the approved plans show appropriate mitigation in compliance with Ordinance Code Division C12, Chapter VII, Article 5, Provisions For Flood Hazard Reduction.

3.

Fire Safety. The RV Park shall meet all applicable fire safety laws, regulations, and ordinances. All areas within the RV Park shall be provided with adequate emergency vehicle access and fire protection facilities, including water supply through hydrants or other methods in compliance with state regulations. Driveways shall be named with signs placed at intersections, and individual lots shall be identified as required by state regulations.

4.

Access, Circulation and Parking. The RV Park shall provide adequate access, circulation, and on-site parking as required by all applicable laws, regulations and ordinances, and shall provide a sufficient number of on-site parking spaces to prevent any off-site parking by RV Park users, employees, or visitors.

5.

School District Review. This subsection applies if an RV Park owner requests an exemption from the shortterm stay requirement in subsection (D)(1) herein. The County decision-making body shall consider comments that are submitted to the County by the affected school district(s) regarding any adverse impact on the district(s) due to the additional enrollment of residents from the RV Park and any district(s) recommendations for appropriate conditions to mitigate or avoid those impacts.

6.

Unoccupied RV Storage. The RV Park may set aside specific designated areas for the storage of unoccupied recreational vehicles. These areas shall be shown on the approved site plan and shall be designed to avoid any impacts to surface or ground-water resources.

7.

Screening and Signage. The RV Park shall be designed to provide adequate perimeter landscaping and fencing to minimize off-site visibility, potential noise, lighting and glare, and impacts from activities at the RV Park that could be a nuisance to neighboring properties. On-site signs advertising the RV Park shall be designed in conformance with the provisions of Chapter 4.40, Signs.

8.

Neighborhood Compatibility. Off-site appearance of the RV Park shall not be detrimental to the character of the surrounding neighborhood or zoning district, as determined by substantial conformance with the

adopted "Guidelines for Architecture and Site Approval" and any other applicable guidelines adopted by the County.

9.

Manager/Caretaker Residences. A maximum of one single-family residence and one accessory dwelling unit (ADU) for an on-site manager and/or caretaker shall be allowed and shall be shown on the site plan and approved as part of the use permit.

10.

Noise. Where adjoining uses, such as highways or railroads, will generate a noise level of 60 Ldn or higher at any recreational vehicle space in the RV Park, noise attenuation shall be provided to achieve a noise level of 55 Ldn or lower consistent with the County Noise Ordinance, Section B11-160 et seq. A perimeter berm and/or masonry wall along with screening vegetation is the preferred method of noise reduction. A noise reduction and attenuation plan shall be prepared by a noise evaluation expert acceptable to the County.

(Ord. No. NS-1200.359, § 8, 12-6-16; Ord. No. NS-1200.378, § 5, 5-25-21)

This section refers to uses in the subcategory "Collection facilities—Consumer recycling" under the classification recycling facilities as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

The facility shall be established as an ancillary activity to a County-authorized use or host site;

B.

The facility shall occupy a defined area of land not to exceed 640 square feet;

C.

The facility shall be set back at least 30 feet from any property line or right-of-way line, except that for consumer collection receptacles whose combined aboveground dimensions (maximum length + maximum width + maximum height) do not exceed 16 feet, no setback regulations shall apply;

D.

All containers shall be clearly marked to identify the type of recyclable material that may be deposited;

E.

All containers shall be constructed and maintained with durable, waterproof and rustproof material and shall be covered;

F.

The facility shall be clearly marked to identify the name and telephone number of the facility operator;

G.

The site shall be swept and maintained in a dust-free, litter-free condition on a daily basis;

H.

The facility shall be located such that any required parking for the host business is not displaced;

I.

The facility shall not impair the landscaping that may be required for a host business; and

J.

The facility shall not include power-driven sorting and/or consolidation equipment, such as crushers or balers.

(Ord. No. NS-1200.327, § 14, 2-9-10; Ord. No. NS-1200.332, § 7, 11-22-11)

This section refers to uses classified as "Religious institutions" as described in Section 2.10.040. All of the following provisions apply in the A, Exclusive Agriculture zoning district:

A.

Prohibited in Agriculture—Large Scale. Not allowed on any land designated Agriculture—Large Scale by the General Plan.

B.

Agriculture—Medium Scale lands. May be allowed on lands with a General Plan designation of Agriculture —Medium Scale, provided that all of the following are met:

1.

The property is deemed by the Planning Commission to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible non-agricultural uses.

2.

The proposed uses are intended, designed, and sized to primarily serve the local rural unincorporated population.

3.

The maximum gross floor area of covered spaces (enclosed and unenclosed structures) shall be limited to no more than 10,000 square feet.

This section refers to uses classified as "Residential—Communal institutional" as described in Section

2.10.030. All of the following provisions apply in the A, Exclusive Agriculture zoning district:

A.

Prohibited in Agriculture—Large Scale. Not allowed on any land designated Agriculture—Large Scale by the General Plan.

B.

Agriculture—Medium Scale lands. May be allowed on lands with a General Plan designation of Agriculture —Medium Scale, provided that all of the following are met:

1.

The property is deemed by the Planning Commission to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible non-agricultural uses.

2.

The proposed uses are intended, designed, and sized to primarily serve the local rural unincorporated population.

3.

The maximum gross floor area of covered spaces (enclosed and unenclosed structures) shall be limited to no more than 10,000 square feet.

This section refers to uses classified as Retail Sales and Services: Local-Serving as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Local-Serving. In rural districts, such uses shall be sized and designed to be local-serving, consistent with the rural character and the environment. The use shall be located to conveniently serve the community.

In R1S and R3S districts applicable to Stanford University lands, "local community" shall refer to the campus residents, pursuant to the applicable provisions of Chapter 2, Land Use, of the 2000 Stanford University Community Plan. A business plan, demonstrating that the business will primarily serve the local community, shall be provided as a basis for review and approval of proposed uses. In R3 Multiple Family districts, "local community" shall refer primarily to the residents of the particular multi-family development.

B.

Size. Maximum area of public-accessible floor space (measured from outer surfaces of enclosing walls, includes bathrooms) shall not exceed 1,200 square feet.

C.

Demand. The number and capacity of other existing similar uses in the area, together with the proposed use, can be supported by the local community.

(Ord. No. NS-1200.351, § 5, 10-20-15)

§ 4.10.320. - Rodeos and equestrian event facilities.

This section refers to uses classified as Rodeos and Equestrian Event Facilities as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Lot size. Minimum lot size shall be ten acres.

B.

Proximity to residential development. The use shall not be located in the immediate vicinity of residential development. For the purposes of this provision, residential development shall be generally considered to be any substantial grouping of residentially developed lots that are each less than 2.50 acres in area. It shall be within the discretionary authority of the Planning Commission to more precisely define "residential development" and "immediate vicinity" as they may apply to a particular proposal.

This section refers to uses classified as Schools as described in Section 2.10.040. All of the following provisions apply in the A, Exclusive Agriculture zoning district:

A.

Prohibited in Agriculture—Large Scale. Not allowed on any land designated Agriculture—Large Scale by the General Plan.

B.

Agriculture—Medium Scale lands. May be allowed on lands with a General Plan designation of Agriculture —Medium Scale, provided that all of the following are met:

1.

The property is deemed by the Planning Commission to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible non-agricultural uses.

2.

The proposed uses are intended, designed, and sized to primarily serve the local rural unincorporated population.

The maximum gross floor area of covered spaces (enclosed and unenclosed structures) shall be limited to no more than 10,000 square feet.

Editor's note— Sec. 10 of Ord. No. NS-1200.371, adopted Mar. 10, 2020, repealed § 4.10.340, which pertained to Secondary dwellings and derived from Ord. No. NS-1200.310, adopted May 20, 2003; Ord. No. NS-1200.318, adopted Mar. 28, 2006; Ord. No. NS-1200.327, adopted Feb. 9, 2010; Ord. No. NS1200.332, adopted Nov. 22, 2011; Ord. No. NS-1200.339, adopted Nov. 5, 2013; Ord. No. NS-1200.356, adopted May 10, 2016; Ord. No. NS-1200.360, adopted May 23, 2017; Ord. No. NS-1200.367, adopted June 19, 2018; and Ord. No. NS-1200.370, adopted Jan. 29, 2019.

This section refers to uses classified as "Solar energy conversion systems—Commercial," as described in Section 2.10.040. Commercial solar energy conversion systems shall comply with all of the requirements of this section.

A.

Exclusive agriculture zoning district. Such uses shall be subject to all of the following provisions in the A, Exclusive agriculture zoning district:

1.

Prohibited in Agriculture—Large scale. Such uses are not allowed on any land designated Agriculture— Large scale by the general plan;

2.

Agriculture—Medium scale lands. Such uses may be allowed on lands with a general plan designation of Agriculture—Medium scale, provided that the subject lot is deemed by the decision-maker to be of marginal quality for agricultural purposes because of one or more of the following conditions: poor soil type, lack of water availability, or an abundance of surrounding incompatible non-agricultural uses. Projects must also demonstrate consistency with the provisions of Section 2.20.050, A districts: Agricultural preservation criteria.

B.

Prohibited in certain design review combining districts. Not allowed on any land located within the -d 1 (Santa Clara Valley Viewshed) and -d 2 (Milpitas Hillsides) design review combining districts.

C.

Criteria. Commercial solar energy systems are subject to all of the following provisions:

1.

Setbacks. All structures shall have a minimum setback of 30 feet.

2.

Signage. Signs visible from a public road shall only identify the manufacturer, installer, or owner of the system, or public health and safety information applicable to the installed systems. A facility shall be limited to two signs and aggregate sign area shall be no greater than 200 square feet.

3.

Wildlife passage. In areas identified as containing important wildlife habitat, the facility shall be designed, to the maximum extent feasible, to allow continued use of the site for wildlife habitat and migration across the site.

4.

Construction and operation. The design, construction and operation of the facility shall minimize soil disturbance to the maximum extent possible, and shall not substantially alter drainage from the site.

D.

Williamson Act Limitation. No system shall be allowed on lands subject to a California Land Conservation Act (Williamson Act) contract unless permitted as a compatible use.

E.

Termination and decommissioning. Solar energy conversion systems and all related equipment and accessory structures shall be removed following cessation of use as defined in either Section 5.40.070 or Section 5.65.050 of the Zoning Ordinance. Prior to the issuance of any building permits for the establishment of commercial solar energy conversion systems, a Closure and Rehabilitation Plan shall be submitted to the Planning Office for review and approval. The Plan shall provide for the removal, recycling and disposal of all aboveground structures and facilities to a depth of three feet below grade, the restoration of graded areas to original contours, and re-vegetation of all disturbed areas. To the greatest extent possible, facilities shall use materials that can be recycled following decommissioning.

(Ord. No. NS-1200.331, § 4, 11-9-10; Ord. No. NS-1200.332, § 9, 11-22-11)

This section refers to uses classified as Sport Shooting as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Lot size. The minimum lot size shall be 160 acres.

B.

Siting and buffering. The project area shall be situated and designed such that the activity minimally impacts adjacent properties. Setbacks, buffers and other measures shall be utilized to mitigate impacts.

C.

Impacts on agriculture. The use shall not be detrimental to the agricultural/ranching use of surrounding lands.

D.

Noise. The use shall not violate the County Noise Ordinance, as administered by the County Department of Environmental Health.

E.

Size limitation. No more than ten percent of the subject parcel may be used for sport shooting facilities, including all associated facilities, such as parking and sanitary waste disposal systems.

This section refers to uses classified as Stables—Commercial as described in Section 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Lot size. The minimum lot size shall be 2.50 acres.

B.

Environmental impacts. Corrals and manure stockpiles shall be designed and situated to prevent

groundwater and surface watercourse contamination, and avoid other health or nuisance problems, including vector and fly control per County Department of Environmental Health (DEH) regulations.

C.

Erosion control. An erosion control plan shall be required.

D.

Waste management. A manure management plan shall be required.

§ 4.10.370. - Surface mining.

Part I: State Regulations

A.

Reference. This Section applies to uses classified as Surface Mining as described in Section 2.10.040.

B.

Purpose. The purpose of Section 4.10.370 is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code §§ 2710 et seq., as amended, hereinafter referred to as "SMARA"), Public Resources Code § 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations for surface mining and reclamation practice (California Code of Regulations,

Title 14, Division 2, Chapter 8, Subchapter 1, §§ 3500 et seq., hereinafter referred to as "State regulations") to ensure that the legislative intent of SMARA, as stated in SMARA Section 2712, is met.

C.

Scope. The provisions of this Section shall apply to surface mining operations and reclamation of mined lands within the unincorporated areas of Santa Clara County.

D.

Incorporation by reference. The provisions of SMARA and State regulations as those provisions and regulations may be amended from time to time, are made a part of this Section by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this Section are more restrictive than correlative State provisions, this Section shall prevail.

E.

Surface mining subject to use permit. Subject to SMARA Section 2770 and Part II, subpart E of this Section, no person shall conduct a surface mining operation unless a use permit is approved by the Planning Commission pursuant to Chapters 5.20 and 5.65 of the Zoning Ordinance.

F.

Reclamation Plan required and Reclamation Plan requirements. Any person conducting a surface mining operation or who has completed a surface mining operation subsequent to January 1, 1976, shall obtain Planning Commission approval of a reclamation plan for the property that fulfills the requirements of Section 4.10.370, Part I, subpart J (Reclamation Standards) of this Section. Prior to such approval, reclamation plans shall be reviewed by the Planning Commission to assure substantial compliance with SMARA, State regulation and applicable County ordinances. (See Section 4.10.370, Part I, subpart (I)(5) regarding State review.)

1.

The reclamation plan shall be filed with the County Department of Planning and Development, on a form provided by the County, by any person who owns, leases, or otherwise controls or operates on all, or any portion of any, mined lands, and who plans to conduct surface mining operations on the lands.

2.

All documentation for the reclamation plan shall be submitted to the County at one time as a comprehensive package.

3.

The reclamation plan shall substantially comply with the provisions of SMARA Section 2772 and State regulations, Sections 3500 through 3505. Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any amendments to previously approved reclamation plans, shall also substantially comply with the reclamation performance standards in State regulations, Sections 3700 through 3713.

4.

An item of information or a document required pursuant to subsection (3) that has already been prepared as part of a permit application for the surface mining operation, or as part of an environmental document prepared for the project pursuant to Public Resources Code, Division 13 (commencing with section 21000), may be included in the reclamation plan by reference, if that item of information or that document is attached to the reclamation plan when the County submits the reclamation plan to the director of the Department of Conservation for review. To the extent that the information or document referenced in the reclamation plan is used to meet the requirements of subdivision 3, the information or document shall become part of the reclamation plan and shall be subject to all other requirements of this article.

G.

Exemptions. No permit or reclamation plan shall be required by this Section for activities identified in SMARA Section 2714, provided that nothing shall exempt such activities from the requirements of the Santa Clara County Grading Ordinance, where applicable.

H.

Definitions. The definitions contained in SMARA and the State regulations are incorporated by reference. In addition, as used in this Section the following words shall have the following definitions:

1.

CEQA. The California Environmental Quality Act, State of California, as contained in the Public Resources Code Section 21000 et seq.

2.

County. The County of Santa Clara, State of California. For purposes of SMARA, the County is the lead agency as defined in SMARA Section 2728, having the principal responsibility for approving reclamation plans, so long as the County retains jurisdiction over surface mining operations within Santa Clara County.

3.

Planning Director. The Director of the Santa Clara County Department of Planning and Development.

4.

Financial assurance. "Financial assurance" means a monetary assurance that a surface mining operation will be reclaimed in accordance with an approved reclamation plan. The financial assurance may take the form of a surety bond, trust fund, irrevocable letter of credit, or other acceptable financial assurance mechanism as determined by both the County and the California Department of Conservation.

5.

OMR. The California Office of Mine Reclamation, a division of the Department of Conservation, State of California.

On-site construction. "On-site construction" means the activities described in SMARA Section 2714(b), including construction of buildings, roads, or other improvements including landscaping, excavations and grading required to prepare a site for construction of structures, landscaping, or other land improvements, and which is beneficially modified by such construction, is not deemed to be a surface mining operation. Additionally, all required permits for the construction, landscaping, or related land improvements that do not qualify as surface mining operations must be obtained from the County in accordance with applicable provisions of State law and locally adopted plans and ordinances.

7.

SMARA. The Surface Mine and Reclamation Act, as set forth in the California Public Resources Code Section 2710 et seq., as amended.

8.

State regulations. The SMARA Regulations as set forth in the California Code of Regulations, Title 14, Division 2, Chapter 8, Subchapter I, as amended.

9.

Vested right. A "vested right" is the right to conduct a legal use of real property if that right existed lawfully before a zoning or other land use restriction became effective and the use is not in conformity with that restriction when it continues thereafter.

I.

Reclamation Plan approval. Except as otherwise provided in this Section, no person shall conduct surface mining operations unless a reclamation plan has been reviewed by the State Department of Conservation and reviewed and approved by the Planning Commission, which approval can occur concurrently with the use permit.

1.

Applications. Reclamation plans and modifications of such plans shall be submitted and processed in accordance with the procedures in County Zoning Ordinance, Chapter 5.20, Common Procedures.

2.

The Planning Commission must make the following findings before approving a reclamation plan or reclamation plan amendment:

a.

That reclamation plan, or reclamation plan amendment, substantially complies with SMARA Sections 2772 and 2773, and any other applicable provisions;

b.

That the reclamation plan, or reclamation plan amendment, substantially complies with applicable requirements of State regulations (Sections 3500—3505, and Sections 3700—3713);

c.

That the reclamation plan, or reclamation plan amendment, and potential use of reclaimed land pursuant to the plan are consistent with this Section and the County's General Plan and any applicable resource plan or elements.

d.

That the reclamation plan, or reclamation plan amendment, has been reviewed pursuant to CEQA and all significant adverse impacts from reclamation of the surface mining operations are mitigated to a level of insignificance, or a statement of overriding considerations has been adopted pursuant to CEQA; and

e.

That the reclamation plan, or reclamation plan amendment, will restore the mined lands to a usable condition which is readily adaptable for alternative land uses.

3.

Amendment of approved Reclamation Plan. Any person having an approved reclamation plan may file for an amendment of that reclamation plan.

a.

Minor Reclamation Plan amendments. The Zoning Administrator is the decision-making authority for minor reclamation plan amendments. The Zoning Administrator's decision may be appealed to the Planning Commission. The Planning Commission's decision may be appealed to the Board of Supervisors, and the Board of Supervisors' decision may be appealed to the State Mining and Geology Board if the issue is made appealable to the State by SMARA. Minor reclamation plan amendments include any of the following, provided that there is no expansion of the area from which mineral deposits are to be harvested:

i.

Modifications that involve minor changes, such as those that improve drainage, improve slope designs within the reclamation plan boundaries, or improve re-vegetation success;

ii.

Modifications that adjust the reclamation plan boundaries to incorporate areas disturbed prior to January 1, 1976, or existing components of the mining operation that were established in accordance with all other County requirements.

iii.

Approval of interim management plans for idle mines pursuant to subpart L of this Part; or

iv.

Other modifications that the Planning Director determines do not constitute a substantial deviation from the approved reclamation plan.

b.

Major Reclamation Plan amendments. A major reclamation plan amendment is any reclamation plan amendment that does not meet any of the criteria for a minor reclamation plan amendment or constitutes a substantial deviation of the reclamation plan under SMARA. The Planning Commission is the decisionmaking body for major reclamation plan amendments. The Planning Commission's decision may be appealed to the Board of Supervisors, and thereafter to the State Mining and Geology Board if the issue is made appealable to the State by SMARA. A reclamation plan amendment shall not be approved unless it has been reviewed by the Department of Conservation and it complies with all applicable requirements of SMARA, the State regulations, and this Section.

4.

Review and approval. A reclamation plan or amendment shall not be approved unless the plan or amendment substantially complies with SMARA and this Section. Reclamation plans or amendments determined not to meet these requirements shall be returned to the operator within 60 days, after which the operator has 60 days to revise the plan or amendment to address the identified deficiencies and return the revised plan or amendment to the County Department of Planning and Development for review by the County and the State Department of Conservation and approval by the County.

5.

State review. A new or amended reclamation plan shall not be approved until the County provides the State Department of Conservation with the information required by Public Resources Code Section 2774, subdivisions (c) and (d) as follows.

a.

Prior to approving a reclamation plan or amendment thereof, the County Planning Office shall submit the plan or amendment to the State Department of Conservation for review, along with all required documentation, and shall certify that the plan or amendment complies with the applicable requirements of SMARA, State regulations, and this Section. If the Department prepares written comments, the County Planning Office shall prepare a written response at least 30 days prior to approval of the plan or amendment describing the County's proposed response to any major issues raised by the Department. Where the County's proposed response is at variance with any comments raised by the Department, said written response shall address, in detail, why the County proposes not to adopt the Department's comments. Copies of any written comments received and responses prepared shall be forwarded to the operator. The County Planning Office shall send the Department its final response to the Department's comments within 30 days following its approval of the plan or amendment.

b.

Pursuant to Public Resources Code Section 2774, subdivision (d)(2), the County Planning Office shall give the State Department of Conservation at least 30 days' notice of the time, place, and date of any hearing at which a reclamation plan or amendment is scheduled to be approved. If no hearing is required, the County Planning Office shall provide 30 days' notice to the Department that it intends to approve the plan or amendment.

6.

Recorded notification of Reclamation Plan. Upon approval of the reclamation plan or reclamation plan amendment, the mine operator shall prepare and record a "Notice of Reclamation Plan Approval." The notice shall read: "Mining operations conducted on the hereinafter described real property are subject to a reclamation plan approved by the County of Santa Clara, a copy of which is on file with the County Department of Planning and Development."

J.

Reclamation standards. Compliance with State standards is required. Each new or substantially amended reclamation plan shall substantially comply with the minimum statewide performance standards, as amended, required by SMARA Section 2773(b), and identified in section 3700 et seq. of the State regulations, as applicable.

K.

Financial assurances required.

1.

Purpose. This subpart is intended to ensure that reclamation will proceed in compliance with the approved reclamation plan, as it may be amended, through the maintenance of funds available to the County and the State that are adequate to reclaim the site in the event of a default by the operator.

2.

Requirements, forms, and amount.

a.

The operator shall post a financial assurance instrument or mechanism in a form authorized State Regulations section 3800 et seq. and the Financial Assurance Guidelines adopted by the State Mining and Geology Board.

b.

Financial assurances shall be made payable to the County and to the Department of Conservation. (SMARA, section 2773.1(a)(4).)

c.

The amount of the financial assurance to be posted with the County shall be equivalent to the estimated cost of reclamation of the site from its current condition in a manner consistent with the approved reclamation plan, plus an amount to ensure reclamation of the additional ground disturbance anticipated to occur in the following year. The financial assurance shall be based on a cost estimate prepared using the Financial Assurance Guidelines adopted by the State Mining and Geology Board. All financial assurances shall be approved by the Director, or designee, and provided to the State Department of Conservation for review and comment pursuant to Public Resources Code section 2774, subdivisions (c) and (d).

d.

The financial assurance amount shall be based on an estimate of "third-party" costs to reclaim the mined lands. These costs shall include direct costs for onsite reclamation activities, such as revegetation, grading, and equipment removal, and indirect costs, such as supervision, mobilization, profit and overhead, contingencies, and lead agency monitoring. The operator shall submit to the County for review and approval a reclamation cost estimate using the State Financial Assurance Guidelines or similar instrument.

L.

Idle Mines and Interim Management Plans.

1.

Timing, content, processing. Within 90 days of a surface mining operation becoming idle as defined in SMARA Section 2727.1, the operator shall submit for review and approval an interim management plan.

a.

The interim management plan shall comply with all applicable requirements of SMARA, Section 2770(h), and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including all conditions of the use permit and/or reclamation plan.

b.

The interim management plan shall be processed as an amendment to the reclamation plan, in accordance with Section 4.10.370, Part II, subpart (I)(3), and shall not be considered a project for the purposes of environmental review in compliance with CEQA.

c.

The idle mine shall comply with the financial assurance requirements for reclamation specified in SMARA, Section 2773.1.

2.

Review and decision.

a.

The Zoning Administrator shall be the review authority for an interim management plan associated with mining operation.

b.

An action by the Zoning Administrator on an interim management plan may be appealed pursuant to subpart I, above.

3.

Time limit, extensions. The interim management plan shall remain in effect for a maximum of five years, at which time the County may renew the plan for additional five-year periods at the expiration of each fiveyear period, require the surface mine operator to commence reclamation in compliance with the approved reclamation plan, or allow the surface mine operator to return to active mining operations.

M.

Inspections.

1.

Inspection schedule. As a condition of approval for a use permit or reclamation plan, or both, the decisionmaking body may establish a schedule for periodic inspection of the site to evaluate continuing compliance with the permit and/or plan, consistent with subpart M.2. below. In establishing such a schedule, the decision-making body may require the owner or permittee to submit periodic reports prepared by an appropriate qualified professional that describe and analyze compliance with the permit and/or plan.

2.

Inspection. Pursuant to the requirements of state law (SMARA, § 2774), the Department shall cause each surface mining operation to be inspected not less than once in any calendar year, and within six months of the receipt of a surface mining operations report submitted pursuant to Public Resources Code Section 2207. The Department shall cause such an inspection to be conducted by a state-registered geologist, state-registered civil engineer, state-licensed architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months. The operator shall be solely responsible for the reasonable costs of the inspection.

Part II: County Regulations

A.

County standards for surface mining operations. The County has local land use authority regarding surface mining operations with the power to establish and enforce local regulations distinct from but consistent with SMARA and the State regulations. As to non-vested sites, the following standard conditions shall apply to all sites obtaining a use permit, or a major modification thereof, unless the Planning Commission approves a deviation from one or more of these standards, and subject to any requirements or limitations imposed by other regulatory agencies:

1.

Hours and days of operation.

a.

The daily hours for the excavation, processing, and sales shall be between 6:00 a.m. and 8:00 p.m. No commercial excavation shall be operated on Sundays or the following holidays: New Year's Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day; however, the Planning Commission may permit or restrict operations to a different number of hours and days, where conditions warrant such permission or restriction.

b.

In cases of public emergency, these restrictions may be released by the Planning Director. In cases of a private emergency, reasonable and necessary repairs to the equipment and limited operations required to restore normal operation may be permitted by obtaining a temporary permit for periods up to and including 56 hours from the Planning Director. Such temporary permits for private emergency operations may be renewed by the Director for similar periods but not to exceed one week in total.

2.

Appearance. Surface mines shall be operated in a neat and orderly manner, free from junk, trash, or unnecessary debris. Buildings shall be maintained in a sound condition, in good repair and appearance. Weeds shall be cut as frequently as necessary to eliminate fire hazards. Salvageable equipment stored in a non-operating condition shall be suitably screened or garaged where normally visible from public view.

3.

Noise and vibration.

a.

Noise and ground vibration shall be mitigated to a level of insignificance in the absence of an approved Statement of Overriding Considerations pursuant to CEQA. To achieve this, loading points shall not be located closer than 30 feet to any property line, unless otherwise permitted by the Planning Commission.

b.

Noise attenuation measures shall be installed where necessary to reduce noise levels in order to comply with noise standards of the County General Plan and Noise Ordinance.

c.

Use of explosives (blasting) in operations shall be noted on the permit application and subject to Planning Commission conditioning, and shall comply with the noise and vibration standards of the County Noise Ordinance.

4.

Traffic safety.

a.

The site shall provide adequate space for the parking, queuing, and loading of trucks, as well as parking of employee vehicles to minimize the traffic problem to residents on neighboring streets.

b.

Internal haul roads shall be located away from property lines where reasonably practicable.

c.

Haul routes on public roads shall be specified in the use permit conditions.

d.

Number and location of access points shall be specified. Such entrance shall be subject to approval by the agency having jurisdiction. If required, acceleration and deceleration lanes shall be provided which meet County Department of Roads and Airports Standards.

e.

A paved surface, or equivalent alternative, may be required where reasonably practicable for a distance of not less than 100 feet from right-of-way line into the area of operation in order to minimize the deposit of dirt and gravel from trucks onto the public highway. During hauling operations, any spillage or materials on public roads shall be promptly and completely removed by quarry operators.

5.

Control of dust. Surface mines shall be operated so as to limit dust and in compliance with all necessary permits from the Bay Area Air Quality Management District, San Francisco, California.

6.

Setbacks from property lines.

a.

Cut slope setbacks. Cut slopes shall be no closer than 25 feet distant from any adjoining property line, except where adjoining property is being mined; nor 50 feet to any right-of-way of any public street, or official plan line or future width line of a public road.

b.

Ridgeline setbacks. When surface mining occurs in a canyon area which abuts an urban area or the ridgeline is visible from the valley floor, the top of the uppermost cut area shall be as shown in an approved reclamation plan, or in the absence of an approved plan, not less than 50 feet from the top of the ridge existing prior to excavation.

7.

Fencing and posting.

a.

It is the intent of this subsection that fencing will be required only for those portions of an excavation needing fencing for purposes of public safety; other portions may need posting only.

Where excavation is authorized to proceed in stages, only the area excavated plus the area of the stage currently being excavated need be fenced. Adequate fencing shall be provided to exclude unauthorized dumping.

b.

The Planning Commission may require the enclosure of all or a portion of an excavation by an approved fence either along the property line or the periphery of the excavation where deemed necessary for public safety by the Planning Commission. Such fence shall not be closer than ten feet to the top edge of any cut slope. All fences shall have suitable gates at accessways. Gates to be securely locked during hours and days of non-operation.

c.

Fencing type shall be determined by the Planning Commission.

d.

Signs shall be conspicuously posted along the periphery of the property. The signs shall be posted in such a manner and at such intervals as will give reasonable notice to passersby of the matter contained in such notice by stating in letters not less than four inches in height.

WARNING: COMMERCIAL QUARRY ON THESE LANDS;

Santa Clara County Use Permit No: _______

In addition, the signs shall be pictorial in the nature of information being disclosed for non-English readers.

8.

Screening.

a.

Screening shall be required for excavations in urbanized and scenic corridors or locations at the time of excavation so that the screening will provide a reasonable means of securing use and enjoyment of nearby properties.

b.

The screening by means of installation of berms, fences, plantings of suitable shrubs and trees. They shall be placed and maintained in order to minimize visibility from public view of cut slopes or mining operations and equipment.

c.

Such screening when required by the Planning Commission may be along the streets and exterior property lines or the perimeter of the visible portions of the site being operated.

9.

Protection of Streams and Water-Bearing Aquifers.

a.

Surface mining operations shall be conducted in a manner so as to keep adjacent streams, percolation ponds, or water bearing strata reasonably free from undesirable obstruction, silting, contamination, or pollution of any kind. The objective is to prevent discharges, which would result in higher concentrations of silt than existed in off-site water prior to mining operations.

b.

The removal of vegetation and overburden in advance of surface mining shall be kept to the minimum practicable.

c.

Stockpiles shall be managed to limit water and wind erosion.

d.

Permits: Applicants shall comply with those applicable requirements of federal, State, and local law, including but not limited to any permit requirements administered by the U. S. Environmental Protection Agency, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Regional Water Quality Control Boards, State Department of Fish and Game, and local flood control and water distribution agencies regarding all matters which are within the jurisdiction of those agencies, including, but not limited to:

i.

Excavation in the natural or artificially enlarged channel of any river, creek, stream, or natural or artificial drainage channel when such excavation may result in the deposit of silt therein;

ii.

Maximum depth of excavation shall not be below existing streambed or groundwater table except in such cases where the reclamation plan indicates that a lake or lakes will be part of the final use of the land or where such plan indicates that adequate fill to be used to refill such excavation to conform to the approved reclamation plan; and

iii.

Erosion control facilities, such as detention basins, settling ponds, de-silting or energy dissipater ditches, stream bank stabilization, and diking necessary to control erosion.

e.

Excavations, which may penetrate near or into usable water-bearing strata, will not reduce the transmissivity or area through which water may flow unless approved equivalent transmissivity or area has been provided elsewhere, nor subject such groundwater basin or sub-basin to pollution or contamination.

f.

The lowest elevation of any surface mining operations at all times shall be 50 feet above the peak groundwater elevation unless the Planning Commission determines that a lower elevation is sufficient, or a

higher elevation is necessary, to ensure protection of groundwater.

i.

Definitions. For purposes of this provision, the following words shall have the following definitions.

aa.

"Groundwater" means that part of the subsurface water which is in the saturated zone.

bb.

"Peak groundwater elevation" means the maximum elevation that groundwater may reasonably be expected to reach over the life of any surface mining operations, accounting for seasonal and annual variations in groundwater elevation.

ii.

Determination of appropriate mining elevation. The Planning Commission's determination of the lowest permissible elevation of any surface mining operation relative to the peak groundwater elevation ("buffer zone thickness" for purposes of this provision) shall be informed by the hydrogeologic report that must be submitted by the applicant, as described in Part II, subpart B below, or by substantially equivalent hydrogeologic studies or analysis for use permit applications deemed complete prior to June 1, 2024. An applicant may propose a buffer zone thickness of less than 50 feet. The Planning Commission may approve an applicant's proposed buffer zone thickness if the Planning Commission finds that the applicant has clearly and convincingly demonstrated that a 50-foot buffer zone is unnecessary and that the applicant's proposed buffer zone thickness is sufficient to ensure that groundwater will be protected. For example, if an applicant shows that a 25-foot clay unit with very low permeability exists between the peak groundwater elevation and the lowest proposed elevation of mining operations, a buffer zone thickness of less than 50 feet may be appropriate if supported by the evidence. Factors that may impact whether the thickness of the buffer zone necessary to ensure protection of groundwater is 50 feet, less than 50 feet, or greater than 50 feet include but are not limited to: characteristics and permeability of material above groundwater; level of confidence in estimates of peak groundwater elevation; robustness and reliability of available data; amount of seasonal fluctuation in groundwater levels; site lithology; whether groundwater is confined or unconfined; and hydraulic conductivity and transmissivity.

10.

Approved plans must be maintained by the Operator. One copy of the approved plans and conditions of operations approved by the Planning Commission as a condition for granting the use permit must be maintained at the principal Santa Clara County office of the mine operator at all times.

11.

Annual reports. The mine operator shall comply with all reporting requirements, including those specified in Part II, subpart C below.

B.

Hydrogeologic Report Required. Any application for a surface mining operation use permit shall include a hydrogeologic report, prepared by an Independent, Qualified Professional, containing the following information:

1.

A map of all appropriate hydrologic information and static groundwater elevations shown in relation to existing surface contours.

2.

Static and peak groundwater elevations throughout the proposed mining site, including any areas where mining or activities incident to mining will take place.

3.

Historical groundwater elevation data (if available) for wet and dry years.

4.

Data regarding the maximum seasonal fluctuation of the groundwater elevation.

5.

The groundwater gradient and flow direction in each groundwater-bearing zone.

6.

Whether any groundwater zone(s) beneath the proposed mining site are confined or unconfined.

7.

The vertical hydraulic conductivity of the material overlying any groundwater zone(s).

8.

Aquifer characteristics including vertical hydraulic conductivity, storativity, and transmissivity.

9.

A complete site stratigraphy showing known geologic formations, rock types, characterization of alluvium, areas of encountered perched groundwater, depth to and thickness of unsaturated zones, water-bearing strata, confining zones, and location of potential and known faults. The site stratigraphy shall include at least two cross-section maps.

10.

Distance to onsite and nearby offsite existing water supply wells and springs.

Baseline water quality.

If such information is not available from existing data, an applicant may be required to drill at least three exploratory borings, construct wells within those borings, and collect monitoring data from those wells over a reasonable time sufficient to obtain the information required above for this hydrogeologic report. An applicant is responsible for ensuring compliance with all applicable regulations and permit requirements relating to boring and well construction, including obtaining any required permit approvals from the Department of Environmental Health and the Santa Clara Valley Water District. For purposes of this subpart B, an "Independent, Qualified Professional" means a consulting firm or individual not directly employed by the mining operator who is certified by the State of California as a hydrogeologist and who has demonstrable experience in conducting hydrogeologic investigations.

C.

Annual Report to Planning Director. In addition to reports required under State law, and in order to ensure compliance with all approved conditions, every surface mining use permittee shall submit a report to the Planning Director by July 1st of each year. The report shall be prepared by qualified, licensed professionals, including, for any hydrogeologic analysis, a California licensed hydrogeologist who has demonstrable experience in conducting hydrogeologic investigations. All costs of such report and its review shall be paid by the operator. The report shall include the following unless waived or modified in writing by the Planning Director:

1.

A report on compliance with each of the conditions of all approvals.

2.

An analysis of any change in any significant environmental condition or mining operation which has not been anticipated in approval of the use permit or reclamation plan.

3.

A current aerial photograph of the entire site (one inch equals 200 feet) showing property lines, facilities, stripped areas, and revegetated areas together with a report on the extent of excavation and reclamation completed in the previous year and projected for the coming year. Each fifth year, a current photogrammetric topographical map prepared from current aerial photographs (one inch equals 200 feet, ten-foot contour interval) showing all the requirements of the above-required aerial photograph shall be submitted.

4.

All groundwater monitoring data collected at the mining site. The report shall note the maximum recorded groundwater elevation, any changes in groundwater levels over time, and any potential impacts to the quality of water, recharge potential, storage capacity, or water levels of groundwater aquifers which are the source of water for domestic, agricultural, or other uses dependent on the water.

a.

If the Planning Director determines that reasonable cause exists to suspect adverse impacts from a mining operation on groundwater supply, an aquifer, or a spring, a complete hydrogeological report meeting the requirements of Part II, subpart B of this Section shall be prepared. At the discretion of the Planning Director, the scope of the report may be limited to address only the impacts identified.

b.

If any other government agency requests a copy of the above-required information about groundwater, the use permittee shall also submit this information to the requesting agency.

D.

Review of mining operations. At the time of issuance of a surface mining use permit or reclamation plan approval, or amendment thereof, a schedule shall be set by the Planning Commission and specified in said approval to review each such approval at a public hearing for compliance with approval conditions. In no case shall the time set for review be in excess of five years. New conditions shall not be imposed by the Planning Commission as part of the review process unless the Planning Commission makes a determination that: (1) there is a threat to public health and safety; (2) there is a significant injurious threat to the environment; (3) there is a nuisance; (4) there is a violation of approval conditions; (5) there is a change

in the scope of operations; or (6) the regulations in effect at the time the use permit or reclamation plan approval being reviewed was originally approved, or the approval itself, authorized imposition of new conditions by the County. If one or more new conditions are recommended after public hearing by the Planning Commission for imposition as part of the review process, the Planning Commission may, in its discretion, continue the hearing on the review, and subsequently consider final imposition of such new condition(s) at that continued hearing.

E.

Vested Rights. No person who has obtained a vested right to conduct surface mining operations shall be required to secure a use permit as long as such vested right continues.

1.

Any proposed expansion of any existing surface mining operation that constitutes a substantial change in such operation by exceeding the terms and conditions of a previously granted use permit for the operation, or by exceeding the extent of a vested right to such use, shall be subject to the provisions of Chapter 5.65 and a use permit and reclamation plan shall be required for such activity.

2.

These standards do not apply to commercial excavations that terminated prior to January 1, 1976, and where no further mining has taken place since that date.