§ 4.10

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.

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)

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)

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)

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.

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)

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.

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.