§ 4.20

The purpose of this chapter, Supplemental Development Standards, is to provide supplemental standards for certain structures and facilities, and for types of uses not classified in Article 2, Chapter 2.10. The regulations in this chapter are in addition to any base districts regulations in Article 2 and any combining district regulations contained in Article 3.

(Ord. No. NS-1200.307, § 7, 6-8-04)

A.

General. Accessory buildings and structures are subject to all of the provisions of this section.

B.

Exemptions. The following accessory structures are exempt from the regulations in this chapter:

1.

Paved driveways, patios, walkways, stairways, decks and similar structures whose height does not exceed 30 inches above grade. A railing no higher than 42 inches above the surface height may be placed around such exempt structures.

2.

Retaining walls.

3.

Any accessory building or structure whose combined above-ground dimensions (maximum length + maximum width + maximum height) do not exceed 16 feet. This exception shall not be applicable to mechanical equipment that is appurtenant to pools or to heating, ventilation, and air conditioning systems, which are regulated by subsections 4.20.020.J. and K.

C.

Agricultural buildings. For the purposes of setbacks and height limitations, all agricultural buildings shall be regulated as accessory buildings.

D.

Urban residential districts. Except as otherwise expressly provided within the zoning ordinance, detached accessory buildings in all R1, R1E, RHS, R1S, R3S, R2 districts, and A1 districts within urban service areas are subject to all of the following regulations:

1.

Height shall not exceed 12 feet and is limited to no more than one story. When such a building has a hip or gable roof, the height is measured from final exterior grade to the average vertical dimension between the ridge and top plate of wall (see Figure 4.20-1). In no case may the ridge height exceed 16 feet. This allowance does not apply to buildings with dormers or gambrel roofs.

This roof-averaging height measurement may also be applied to a modified hip or gable roof structure, provided the distribution of roof massing is generally consistent with the intent of this provision, as determined by the Zoning Administrator.

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FIGURE 4.20-1: ACCESSORY BUILDING HEIGHT

2.

Location shall be in the rear half of the lot, within the rear yard (defined in Chapter 1.30), or at least 75 feet from the front property line or edge of ultimate right-of-way (see "setback" definition in § 1.30.030). On flag lots and lots having certain other characteristics, the various provisions of subsection 4.20.020.F., shall apply.

3.

Setbacks from side and rear property lines shall be as required by the California Building Code for fire separation.

4.

Separation from any dwelling shall not be less than six feet between exterior walls, and may be further restricted by the provisions of the zoning ordinance or County Ordinance Code. Trellises and other unenclosed structures (two or more open sides) may be placed closer than six feet to a dwelling provided they comply with the setback requirements of dwellings for that district.

5.

Rear yard coverage of detached accessory buildings shall not cumulatively exceed 30 percent.

E.

Rural districts. Except as otherwise expressly provided within this Ordinance, detached accessory buildings and structures in all A, AR, HS, RR and RS districts, and A1 districts outside of urban service areas, are subject to the following regulations:

1.

Height standards vary by lot size, as follows:

a.

If gross lot area is less than two and one-half acres, maximum height allowed is 12 feet, and one story. When such a building has a hip or gable roof, the height is measured to the average vertical dimension between the ridge and top plate of wall (see Fig. 4.20-1). In no case may the absolute height exceed 16 feet. This gable allowance does not apply to buildings with dormers or gambrel roofs. This roof-averaging height measurement may also be applied to a modified hip or gable roof structure, provided the distribution of roof massing is generally consistent with the intent of this provision, as determined by the Zoning Administrator.

b.

If the gross lot area is two and one-half acres or greater, maximum absolute height allowed is 35 feet.

2.

Location shall be in the rear half of the lot, in the rear yard (defined in Chapter 1.30), or at least 75 feet from the front property line or edge of ultimate right-of-way (see "setback" definition in § 1.30.030). On flag lots and lots having certain other characteristics, the various provisions of subsection 4.20.020.F., shall apply.

3.

Accessory buildings or structures exceeding 12 feet in height (16 total feet with gable/hip roof allowance, as provided in subsection 4.20.020.E.1.a., above) on lots two and one-half acres or larger are subject to side and rear yard setbacks of no less than 30 feet. For buildings or structures conforming to the provisions of subsection 4.20.020.E.1.a., setbacks from side and rear property lines shall be as required by the California Building Code for fire separation.

4.

Separation from any dwelling shall not be less than six feet (defined in Chapter 1.30), and may be further restricted by the provisions of this ordinance. Trellises and other unenclosed structures (defined as two or more open sides for purposes of this section) may be placed closer than six feet to the main building provided they comply with the setback requirements of dwellings for that district.

5.

Rear yard coverage of residential accessory buildings shall not cumulatively exceed 30 percent. This provision does not apply to greenhouses or other agricultural buildings.

F.

Special setback standards. The following special setback standards are applicable to accessory buildings and structures as a means of reasonably accommodating unusual and problematic lot circumstances. They shall supersede any conflicting provisions of subsection D. and E.

1.

Parking structure on sloping lots. Where the grade elevation at a point 50 horizontal feet inward from the edge of right-of-way differs 10 vertical feet or more from the elevation at the adjacent edge of pavement, a garage, carport or other parking structure may be located within the required front or side yard of a lot.

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The following requirements shall apply to such setback-exempt parking structures:

a.

Special permit required. This special setback shall be subject to a special permit when such building is located within the required front or side yard setback applicable to dwellings. In addition to the special permit findings of Section 5.60.030, the following findings must be made:

i.

There are no available, practical, or feasible alternative sites for a parking structure that would conform to setbacks; and

ii.

The garage location minimizes grading, or minimizes impacts to trees or other natural features.

b.

Size. Such parking structures may not be larger than 600 square feet.

c.

Sight clearance for traffic safety. Such parking structures must be situated or designed such that adequate sight clearance and safe vehicle movement are afforded to the driver of an exiting vehicle, consistent with Ordinance Code Sections B17-68 and 69.

d.

Height exception allowance. When such parking structures are on land that slopes downward from the street, the downslope side of the parking structure may exceed the maximum allowed height; provided the building conforms to the 12-foot height limitation described in subsection D(1) when measured from a horizontal plane whose elevation is equal to the grade at the front (entry) portion of the building. See Figure 4.20-2.5.

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e.

Location. The location of any parking structure established pursuant to these provisions shall be limited to the area of the lot meeting the slope eligibility provisions of this subsection (1).

2.

Interior lot abutting two streets. In the case of an interior lot abutting two or more streets, no detached accessory building shall be erected or altered so as to encroach within the portion of the lot representing one-fourth of the depth of the lot nearest either street. However, no such accessory building must be set back more than 75 feet from either of the front right-of-way lines.

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FIGURE 4.20-3: INTERIOR LOT ABUTTING TWO STREETS

3.

Corner lot abutting two streets. In the case of a corner lot abutting two streets, no detached accessory building shall project beyond the minimum side yard setback requirements of the lot to the rear of the corner lot. However, when a corner lot abuts a key lot, no such accessory building shall be located nearer to the right-of-way of the streets upon which such key lot faces than a distance equal to the depth of the front yard required on the key lot.

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FIGURE 4.20-4: CORNER LOT ABUTTING TWO STREETS

4.

Corner lot abutting three or more streets. In the case of a corner lot abutting three or more streets, no detached accessory building shall be erected or altered so as to be nearer to any right-of-way than onefourth the width or length of the lot. However, no such accessory building must be set back a distance greater than 30 feet from the determined side lot line abutting a street or a distance greater than 75 feet from either of the front right-of-way lines.

Where such a lot has a discernible rear yard, the normal rear yard placement requirements of subsections 4.20.020.D.2. and 4.20.020.E.2., shall apply.

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FIGURE 4.20-5: CORNER LOT ABUTTING THREE OR MORE STREETS

5.

Adjacent front yard buffer. No detached accessory building shall be located within five feet of the side line of the front half, or front 75 feet (whichever is less), of any adjacent lot, except as specifically permitted.

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FIGURE 4.20-6: ADJACENT FRONT YARD BUFFER

6.

Flag lot. The rear yard placement limitation of subsections 4.20.020(D)(2) and 4.20.020(E)(2) shall not apply to accessory buildings and solar systems on flag lots. Setbacks from designated front, side and rear lot lines shall be as required for side and rear lot lines by subsections 4.20.020(D)(3) and 4.20.020(E)(3).

7.

Lot abutting an alley. In the case of a lot which abuts an alley, accessory buildings shall not be subject to any setbacks from the alley.

8.

Shallow lot depth. Where lot depth is less than 50 feet, an accessory building may be located anywhere within 25 feet of the property line that is opposite the front property line or edge of right-of-way.

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FIGURE 4.20-7: SHALLOW LOT DEPTH

G.

Attached structures. Attached accessory structures in all districts shall comply with the following provisions:

1.

Attached patio covers, carports, trellises and similar unenclosed structures shall conform to the same height, setback and separation requirements as the building to which they are attached. For the purposes of this section, the term "attached" shall include structures that are rigidly joined by structural components.

2.

Attached decks shall meet the same setback requirements as the connected building at any point where the vertical distance between final grade and the surface of the deck exceeds 30 inches, except where the provisions of subsection 4.20.110.A., apply.

H.

Occupancy of accessory buildings. No accessory building shall be used for dwelling purposes or overnight accommodations.

I.

Restrictions on plumbing fixtures. Plumbing in accessory buildings shall be limited as follows:

1.

Residential accessory buildings shall have no more than two internal plumbing fixtures ("internal" excludes outdoor showers, spigots, or other fixtures mounted on an exterior wall), unless otherwise provided in subparagraph 2, below. If a half bath is proposed, the fixtures may include a toilet and a sink within a room minimally sized to accommodate only those two fixtures. For the purposes of this restriction, a water heater shall not be considered a plumbing fixture.

2.

Residential accessory buildings (such as pool houses) with more than two internal plumbing fixtures may be allowed if a special permit is obtained, per Chapter 5.60, and all of the following specific findings are made:

a.

Must conform to the development standards specified in this chapter. More restrictive setbacks may be required in order to mitigate detrimental impacts on neighboring properties.

b.

May not be used for dwelling purposes or overnight accommodation.

c.

Must be of an appropriate size and design for the intended use, and should be configured in a manner that is clearly inappropriate and impractical for dwelling purposes.

J.

Swimming pools. Swimming pools and spa pools shall be located at least five feet from any property line or right-of-way, measured to the interior wall of the pool. Pool filters, pumps and other appurtenant machinery must also be located at least five feet from any property line or right-of-way. Fence enclosure requirements established by the Uniform Building Code or other regulations may further limit the placement of swimming pools within portions of a lot where fence height is restricted to less than five feet.

K.

Air conditioning, heating, or similar outdoor mechanical unit. Ground-mounted heating, ventilation, air conditioning units, or other similar mechanical units, must be located at least five feet from any property line.

L.

Antennas. Non-commercial antennas shall be set back from property lines a minimum distance equal to their height. Antennas shall be limited in height to 55 feet in urban residential districts, or less, if lot dimensions require reduced height to meet the required setback, and 80 feet in rural districts. Height shall be measured from final grade to maximum design height of antenna. These regulations shall apply to both ground-mounted and roof-mounted antennas.

M.

Energy conversion systems. Solar and wind energy conversion systems that are accessory to a principal structure or use and will be used primarily to reduce onsite consumption of utility power shall comply with the applicable provisions of this section.

1.

Solar energy systems. Solar panels and other types of solar energy systems may be placed on any portion of a lot other than within the front yard setback applicable to the principal structure. In the case of a flag lot,

such panels may be permitted within a front yard setback, pursuant to subsection 4.20.020(F)(6). In the case of a corner lot, no such panels shall be placed within an exterior side setback adjacent to the street. Solar panels attached to the roof of a building shall not exceed the structure's maximum allowed height by more than five feet.

2.

Small wind energy systems. Wind energy conversion systems (consisting of a wind turbine, a tower, and associated control or conversion electronics) with rated capacity of not more than 50 kilowatts per customer site that will be used primarily to reduce onsite consumption of utility power shall comply with all of the following provisions:

a.

Setbacks. The structure shall be set back from all property lines a minimum distance equal to the height of the system (tower plus the radius of the blades), provided that the system complies with any applicable fire protection setback requirements pursuant to Public Resources Code Section 4290.

b.

Height. System heights of not more than 80 feet shall be allowed on parcels between one and five acres. Tower heights of not more than 100 feet shall be allowed on parcels above five acres. All tower heights shall not exceed the applicable limits established by the Federal Aviation Administration. An application to the Building Inspection Office shall include a copy of the FAA determination letter along with evidence that the proposed height of a tower does not exceed the height recommended by the manufacturer or distributor of the system. A written notification at the time of application shall, for informational purposes only, be sent to the closest airport affected. System height is equal to the height of the tower plus the radius of the blades.

c.

Noise. Noise generated by the system shall not exceed 60 decibels (dBA) or the maximum noise level applicable under the noise element of the general plan for the applicable land use classification or zoning district, as measured at the property line, except during short-term events such as utility outages and severe wind storms.

d.

Airport influence area limitation. A system shall not be allowed within a runway protection zone, inner safety zone, outer safety zone and turning safety zone and shall comply with all federal aviation regulations.

e.

Security enclosure. The base of the structure shall be secured by means of an appropriate enclosure to prevent access or climbing by unauthorized persons.

f.

Lighting. Tower structure lighting shall be for security and aviation safety purposes only. Fixtures for security lighting shall be mounted no higher than 12 feet above grade, and shall be downward facing and

properly shielded. Lighting for aviation safety purposes shall be limited to that required by federal law or regulation.

N.

Livestock shelters. In addition to the requirements applicable to accessory buildings in this section, all of the following placement limitations shall apply specifically to stables, barns and other structures designed, intended or used for the shelter or confinement of livestock. Such structures:

1.

Should be located at least 100 feet from any well or established watercourse. Proposals for such structures situated nearer than 100 feet to wells or watercourses (defined in Chapter 1.30) shall be evaluated on a case-by-case basis by the Santa Clara County Department of Environmental Health. The department shall consider various factors, including (but not limited to) topography and drainage, soil and vegetation, hydrogeology, well depth, well casing depth, type and capacity of building, type and number of animals, and existing lot configuration, in approving or disapproving a lesser separation; and

2.

Shall not be constructed on slopes exceeding 15 percent.

O.

Water tanks. The following regulations shall apply to all private, noncommercial water storage tanks that are ancillary to residential development or agriculture:

1.

The following setback requirements shall apply:

a.

Water tanks shall have a minimum front yard setback equal to that required for dwellings in the applicable zoning district; except that on flag lots or lots that otherwise have no direct frontage on a street or right-ofway, the side and rear setbacks provided in subsections b. and c. (below) shall also apply to the designated front yard.

b.

Water tanks that are 12 feet or less in height shall be set back from any side or rear property lines a minimum of three feet.

c.

Water tanks that are greater than 12 feet in height shall be set back from any side or rear property lines a minimum of 30 feet.

d.

Water tanks shall be exempt from the foregoing setback requirements under either of the following circumstances:

(1)

When located within a designated area created for water storage as part of a subdivision, or

(2)

When located on any lot whose area is less than 3,750 square feet.

2.

The maximum height of water tanks, including tower-mounted tanks, shall be 35 feet.

P.

Light poles and flag poles. Light poles and flag poles accessory to residential or agricultural uses shall be limited to 35 feet in height. Such structures shall be set back from property lines a minimum distance equal to the height of the structure. Light fixtures on light poles shall be shielded such that the light source is not visible from beyond the boundaries of the subject property.

(Ord. No. NS-1200.317, § 8, 6-8-04; Ord. No. NS-1200.318, § 10, 3-28-06; Ord. No. NS-1200.327, § 16, 2- 9-10; Ord. No. NS-1200.329, § 2, 9-28-10; Ord. No. NS-1200.332, § 10, 11-22-11; Ord. No. NS-1200.337, § 8, 12-18-12; Ord. No. NS-1200.349, § 9, 4-7-15; Ord. No. NS-1200.367, §§ 9—11, 6-19-18)

A.

General Provisions. Applicants for housing development proposals may be eligible for a density bonus or other incentives to produce and maintain housing affordable to low and very low income households pursuant to the provisions and requirements of California Government Code Sections 65915 through 65918. Other incentives, such as reductions in standards, parking requirements, mixed use development, or other concessions which effectively reduce the cost of housing units targeted for low and very low income housing may also be provided. For purposes of implementing this provision of the zoning ordinance as part of a subdivision or other housing development proposal, specific instructions and procedures are contained within the pertinent sections of Government Code Sections 65915 through 65918, as amended.

B.

Calculations. The number of additional lots or dwelling units permitted by means of a density bonus allocation shall be achieved by making the appropriate and commensurate reduction in the applicable standards or regulations establishing minimum lot size or minimum lot area per dwelling unit for multi-family zoning districts.

(Ord. No. NS-1200.344, § 1, 6-10-14)

A.

Minimum size. Any legally established lot, that is substandard in area (relative to the applicable minimum lot size) may be used as a residential building site provided that its area is not less than 3,750 square feet and it complies with all other applicable land development regulations.

B.

Setback exceptions. See Section 4.20.110 for special setback exceptions for substandard lots.

A.

Fences in urban residential districts. Fences in all R1, R1E, R2, R1S and RHS districts, and A1 districts within urban service areas are subject to all of the following regulations:

1.

Fences or hedges shall not exceed three feet in height within any portion of a lot within 20 feet of the front lot line (or edge of front right-of-way).

2.

Fences shall not exceed eight feet in height within any other portion of a lot, except as specified in Subsection 3 below. This limitation shall not apply to hedges.

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3.

On corner lots, fences or hedges along the exterior side lot line (or edge of side right-of-way) may be as tall as eight feet, except that a three-foot height limitation shall apply within the following areas: (a) within the 40-foot sight clearance triangle defined by Section B17-69 of the County Ordinance Code, which relates to vehicular sight clearance on intersecting streets, and (b) within a 20-foot sight clearance triangle where the rear of a corner lot abuts the front and side yards of a key lot.

4.

Where architecture and site approval is required for the establishment of a use, the regulations specified in this section may be modified through the architecture and site approval process (Chapter 5.40).

5.

Fences that reasonably must exceed the height limitations specified within this section, such as enclosures for tennis courts, or due to physical circumstances such as unusual topography, or for consistency with and preservation of neighborhood character, may be allowed subject to the design review provisions of Chapter 5.50. This provision shall also apply to hedges within 20 feet of the front lot line, or edge of front right-of-way.

Fences in "-d" and "-sr" combining districts shall be subject to the design review provisions of Chapter 5.50.

B.

Fences in rural districts. Fences in A, AR, HS, RR and RS districts and A1 districts outside of urban service areas are subject to all of the following regulations:

1.

Fences or hedges not exceeding six feet in height may occupy any portion of a lot within 20 feet of the edge of any street right-of-way. However, on corner lots where two or more streets intersect, Section B1769 of the County Ordinance Code relating to sight clearance for fences and hedges applies.

2.

No fence or hedge may be built in a manner that significantly obstructs the view from vehicles exiting a driveway of approaching vehicular or pedestrian traffic. Within a triangle formed by two 20-foot sides measured from the point of intersection along the edge of pavement and the edge of driveway, no fence may exceed three feet in height, unless design review approval is obtained under Chapter 5.50.

3.

Fences not exceeding eight feet in height may occupy any portion of a lot other than the restricted areas described in subparagraphs (1) and (2), above. This limitation shall not apply to hedges.

4.

Where architecture and site approval is required for the establishment of a use, the regulations specified in this subsection may be modified through the architecture and site approval process.

5.

Fences that reasonably must exceed the height limitations specified within this section, such as for tennis courts, or due to physical circumstances such as unusual topography, or for consistency with and preservation of neighborhood character, may be allowed subject to the design review provisions of Chapter 5.50. This provision shall also be applied to hedges within 20 feet of the front lot line, or edge of front rightof-way.

6.

Fences in "-d" and "-sr" combining districts shall be subject to the design review provisions of Chapter 5.50.

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(Ord. No. NS-1200.337, § 9, 12-18-12)

Manufactured (factory-built) homes and mobile homes shall be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974.

A.

Intent. It is the intent of this section to limit certain activities associated with the repair and storage of motor vehicles that occur on residential property so that such activities do not disturb neighboring residents.

B.

Limitations. On any residential lot in any zoning district, the servicing, repairing, assembling, disassembling, wrecking, modifying or otherwise working (hereinafter referred to as "work" within this section) on any motor vehicle or the placing or storing of disabled or inoperative motor vehicles, motor vehicle bodies, parts, equipment, machinery, tools or other metal materials of any kind is only permitted if all of the following are met:

1.

Work may be performed only on a motor vehicle registered to a person residing on the lot.

2.

Storing disabled or inoperative vehicles. A disabled vehicle is one that cannot immediately be started and moved under its own power or is not currently registered for use on the public right-of-way.

a.

Disabled or inoperative vehicles shall be stored in areas screened from public view and from adjacent properties.

b.

No more than two disabled or inoperative vehicles are allowed to be stored or worked on per lot.

3.

Motor vehicle repair and storage shall not constitute a legal, nonconforming use, and this provision shall supersede any contrary provision of Chapter 4.50.

4.

In addition to the above restrictions, the following shall apply to all lots that are less than one gross acre in area:

a.

All motor vehicle bodies, parts, equipment, machinery, tools or other metal materials of any kind shall be stored within a screened or enclosed area.

b.

All work performed on a motor vehicle shall be permitted only during the hours of 7:00 a.m. to 10:00 p.m.

5.

In addition to the above restrictions, on lots less than ten acres, work cannot extend over a period of 72 hours unless the vehicle is moved to an area behind the front yard setback which is not visible from the front property line.

A.

General. Outdoor storage of miscellaneous materials, including building materials, appliances, salvaged materials, vehicle or machine parts, scrap metals, junk, and similar items or materials that are deteriorated or dilapidated, are subject to all of the following limitations, with the exception of those materials or items addressed in the provisions of subsection B. (below). These provisions apply to all zoning districts.

1.

Area: No more than 200 square feet on any lot, cumulative, may be used for outdoor storage of such miscellaneous materials.

2.

Height: Materials may not be stored in such a way that they exceed six feet in height.

3.

Visibility: Materials shall not be visible from a public right-of-way or adjacent property, nor located within the required minimum front yard setback of any lot.

B.

Exceptions. Such miscellaneous materials shall not be subject to the area, height and visibility restrictions of subsection A. (above) when any of the following circumstances apply:

1.

The storage is temporary and for the purpose of construction pursuant to and during the time permitted by a valid building permit.

2.

The storage is for purposes of conducting a yard or garage sale, having a duration of no more than three consecutive days. Such sales shall be limited to not more than four per year, and not more than two consecutive weekends.

3.

The storage is incidental and accessory to any permitted agricultural use, or conducted as the legally established primary use within an industrial zoning district.

4.

The provisions of this section do not apply to: (a) motor vehicle repair and storage as described in Section 4.20.070; (b) recreational vehicle storage as described in Section 4.20.090; or (c) refuse storage as described in Section 4.20.100 for multi-family and nonresidential uses.

(Ord. No. NS-1200.317, § 9, 6-8-04; Ord. No. NS-1200.318, § 11, 3-28-06)

A.

Storage of Recreational Vehicles. The following provisions apply to recreational vehicles (RVs) and similar vehicles parked or stored on residential lots, and shall apply in all zoning districts. They do not apply to approved commercial or industrial RV storage uses, RV parks, temporary agricultural residences (§

4.10.385), temporary emergency housing following casualty (§ 4.20.090(B)), temporary residences during house construction (§ 4.10.380), or movable tiny homes (§ 1.30.030) that have been permitted by the County.

1.

No RV, camper, trailer, boat or similar vehicle may be parked or stored within a front or side yard for a period of more than 72 hours within any one calendar month; however, this provision shall not preclude such RV storage on portions of a front or side yard that are at least 75 feet from the front property line.

2.

An RV, camper, trailer, boat or similar vehicle may be stored within a rear yard. On a corner lot abutting a key lot, such vehicles must additionally be set back from the side right-of-way a distance equal to the front yard setback of the adjacent key lot.

3.

Any RV, camper, trailer, boat or similar vehicle stored on a lot must be registered to a resident of that lot.

4.

No RV may be used for dwelling purposes while being parked or stored on the premises. Utility connections are not allowed except when necessary for limited maintenance activity.

5.

Storage of RVs, campers, trailers, boats or similar vehicles in a manner inconsistent with the limitations of this section shall not be allowed, regardless of when such storage may have been established. This provision shall supersede any contrary provision of Chapter 4.50: Nonconforming Uses and Structures.

B.

Use as Emergency Housing Following Casualty. A mobile home or recreational vehicle, including travel trailer, may be temporarily occupied on property where a fire, earthquake or other casualty has rendered the primary residence non-habitable. All of the following requirements shall apply:

1.

The temporary dwelling must be removed from the premises within 90 days after the date of occupancy of the repaired or replacement dwelling, or two years following the date the casualty occurred, whichever occurs first.

2.

Temporary mobile homes or travel trailers must be connected to a sanitary sewer or septic system approved by the Department of Environmental Health for the temporary occupancy use.

(Ord. No. NS-1200.319, § 2, 3-28-06; Ord. No. NS-1200.371, § 12, 3-10-20; Ord. No. NS1200.375(10.20.2020), § 8, 10-20-20)

A.

General. The provisions of this section apply to all multi-family and nonresidential development.

B.

Location. Trash enclosures shall be located in the side or rear yard unless such location would prevent accessibility by a collection vehicle. In such cases, the Zoning Administrator shall have authority to

determine the appropriate location of trash enclosures.

C.

Pickup and disposal. Refuse storage shall be subject to weekly or other regularly scheduled pickup and disposal.

D.

Standards. Trash enclosures shall be constructed and maintained as follows:

1.

They shall be constructed prior to occupancy of the development;

2.

They shall be screened on three sides by a solid masonry or wood wall of at least six feet in height;

3.

They shall be screened from view from public rights-of-way; and

4.

Their locations shall be accessible to refuse-collecting vehicles.

(Ord. No. NS-1200.359, § 10, 12-6-16)

A.

Setback Encroachment Allowance for Certain Architectural Features.

1.

General. The following architectural features and appurtenant structures may extend into any required front, side or rear yard setback, but not beyond a property line, a distance not exceeding 30 inches beyond any legally constructed exterior wall of a dwelling:

a.

Awnings;

b.

Bay windows, limited. For purposes of this section, the bay window must be supported by framing or underpinnings higher than the finished floor level, not creating additional floor area, and the vertical distance between the surface of the interior window ledge or bench and the finished floor must be 30 inches or greater. (See definition in Ch. 1.30);

c.

Chimneys;

d.

Cornices;

e.

Eaves;

f.

Utility meters and appurtenant equipment; and

==> picture [168 x 193] intentionally omitted <==

Fig. 4.20-10 Bay Window

g.

Architectural features similar in size and nature as determined by the Zoning Administrator.

2.

Decks, porches, and entry stairs. Uncovered decks, porches, and entry stairs may encroach into setbacks to the extent provided in the table below. Covered porches may also encroach into the front yard setback only, to the extent provided in the table below; provided they are not enclosed by walls, screening or other such continuous vertical components. Only necessary support pillars not exceeding two horizontal feet in thickness may be included. For all such decks, porches and entry stairs, a safety railing not exceeding 42 inches in height may be allowed. For the purposes of these sections, multiple decks on a building or structure will be cumulatively considered.

The limitations of this table apply only to those portions of such structures that are more than 30 inches above final grade. Decks and other structures not more than 30 inches above final grade are exempt from setback requirements, per subsection 4.20.020(B)(1).

3.

Accommodation for disabled. Wheelchair ramps, elevators, mechanical access devices and other structures intended to facilitate access for the disabled may be exempted from setback requirements or other development standards, permit requirements or building regulations, pursuant to the County's

procedures for "Requests for Reasonable Accommodation" as defined in the County of Santa Clara Housing Element; Appendix 4 of the General Plan, and applicable state and federal regulations.

4.

Basement light-wells, access stairwells. Basement light-wells and below-grade access stairways may encroach into residential setbacks provided their retaining walls are situated at least three feet from property lines. Above-grade railings or walls around such light-wells or access stairways that are 42 inches or less in height are also exempt from residential setbacks.

B.

Height Exceptions. The following architectural features and appurtenant structures may exceed the maximum height requirement for dwellings and accessory buildings as indicated:

1.

Antennas: See subsection 4.20.020(L): Antennas.

2.

Chimneys: Ten additional feet maximum.

3.

Decorative features such as weathervanes and open railings. Includes cupolas, and similar features, not exceeding 24 square feet in area: Five additional feet maximum.

4.

Solar (photovoltaic) panels mounted on roof: Five additional feet maximum.

5.

Air pollution control equipment required and approved by the Bay Area Air Quality Management District or other governmental regulatory agency shall have no maximum height limit, subject to obtaining Architecture and Site Approval (ASA).

6.

Architectural features similar in scale and nature as the above, as determined by the zoning administrator.

C.

Special Setback Exceptions. The following setback exceptions shall supersede the standard residential setbacks specified in any base district or lot-size combining zoning district.

1.

Side setback reduction based on area. A lot whose area is one net acre or less, and is lesser in area than the minimum lot size required by the applicable zoning district, may qualify for reduced side yard setbacks.

The following table lists the allowable reduced side yards for ranges of substandard lot sizes.

2.

Side setback reduction based on width. A narrow lot (having an exceptionally large depth-to-width ratio) shall have minimum side yard setbacks equal to 20 percent of the lot width whenever such setback dimension would be lesser than would otherwise be provided for by the Zoning Ordinance. This allowance shall not, however, allow for an exterior side yard setback on a corner lot to be less than ten feet.

For the purposes of this subsection, width shall be measured across the portion of the lot where the dwelling is or will be located, and the resulting side setback shall be rounded to the nearest whole foot.

==> picture [168 x 177] intentionally omitted <==

3.

Fig. 4.20-11

Rear setback reduction based on depth. Required residential rear yard setbacks may be reduced to 20 percent of the depth of any lot. For the purposes of this subsection, depth shall be measured through the portion of the lot where the dwelling is or will be located, and the resulting rear setback shall be rounded to the nearest whole foot.

4.

Setback-nonconforming dwellings. Extension of side yard encroachment. Any legally constructed portion of a dwelling that encroaches into a required side yard setback may be extended lengthwise along the dwelling's side wall plane, subject to the following:

a.

The new encroachment shall be limited in area to no more than 50 square feet per lot on lots located within urban service areas, and 100 square feet per lot on lots outside urban service areas. Such allowed encroachment may be adjacent to either (or both) side yard(s) provided the new encroaching area does not cumulatively exceed the applicable maximum (50 or 100 square feet). No such encroachment may extend into any front or rear yard setback.

==> picture [144 x 185] intentionally omitted <==

b.

The floor area limitations of subsection A, above, shall be applied cumulatively to construction permitted after September 21, 1993.

c.

The additional area of encroachment may not be more than one story nor taller than the existing adjoining wall.

d.

No greater setback encroachment may result (i.e., the extension may be no nearer to the side property line than the existing wall being extended).

Fig. 4.20-12

e.

No portion of a house that is less than three feet from a side property line may be extended under this provision.

5.

Setback-nonconforming buildings. Roof-pitch change. A legally constructed roof that is part of a setbacknonconforming portion of a house may be replaced by roof of the same or a different design, except where such replacement creates additional (nonconforming) floor area, as defined in Section 1.30.030.

6.

Setback-nonconforming buildings. Accessory dwelling unit additions. A setback-nonconforming singlefamily residence, or setback-nonconforming accessory structure, may be expanded by no more than 150 square feet to accommodate an attached ADU, so long as the expansion does not result in a greater setback encroachment.

7.

Setback-nonconforming dwellings. Casualty reconstruction. See Section 4.50.030, subsection C.

8.

Setbacks established by recorded subdivision. The placement limitations designated by an applicable recorded subdivision map, including, but not limited to, building envelopes, building lines, and setbacks shall supersede the setbacks required by this ordinance, if such limitations are more restrictive than setbacks established by the zoning ordinance.

9.

Setbacks for lots less than one acre within specified substandard subdivisions in the HS zoning district are contained in subsection A of Section 2.20.070. Additional Development Standards for HS Districts.

Setback non-conforming Single-Family Residences. Urban Primary Unit additions. A setbacknonconforming single-family residence may be expanded by no more than 150 square feet to accommodate development of an attached Urban Primary Unit so long as the expansion does not result in a greater setback encroachment.

11.

Setback non-conforming Single-Family Residences. Urban lot splits. A setback nonconforming singlefamily residence that was previously conforming prior to an urban lot split pursuant to Section C12-44 but is no longer conforming as a result of the urban lot split may not be expanded to further encroach into the setback. Single-family residences that were setback-nonconforming prior to an urban lot split may be expanded per subsections (C)(4)—(9) of this section.

D.

Breezeways.

1.

Covered Walkway/Limited Breezeway. A limited breezeway may be built

to serve as an open walkway between two otherwise detached buildings. The breezeway is considered exempt from the more restrictive setback requirements applicable to either of the buildings connected by the breezeway, if all the following limitations are met:

==> picture [168 x 111] intentionally omitted <==

a.

Fig. 4.20-13 Breezeways

The roof width, as measured perpendicular to the linear direction of travel from one building to the other, does not exceed eight feet, except as needed at corners;

b.

The breezeway follows a reasonably direct path between each building; and

c.

The breezeway sides are entirely open except for necessary structural supports.

2.

Other Breezeways. Breezeways that exceed the above limitations, or similar structures that connect one or more accessory building to a dwelling, may be allowed provided all portions of the breezeway and

connected structures comply with the setbacks applicable to dwellings. Where such a breezeway connects two or more accessory buildings or structures with different setback requirements, the more restrictive setbacks shall apply to all such buildings or structures.

(Ord. No. NS-1200.317, § 10, 6-8-04; Ord. No. NS-1200.318, § 12, 3-28-06; Ord. No. NS-1200.323, § 7, 1- 29-08; Ord. No. NS-1200.327, § 17, 2-9-10; Ord. No. NS-1200.332, § 11, 11-22-11; Ord. No. NS-1200.342,

§ 1, 4-29-14; Ord. No. NS-1200.359, § 11, 12-6-16; Ord. No. NS-1200.370, § 3, 1-29-19; Ord. No. NS1200.371, § 13, 3-10-20; Ord. No. NS-1200.383, § 9, 1-24-23)

For regulations related to tree preservation and removal, see Division C16 of the County Ordinance Code.

A.

Purpose and intent. The purpose and intent of this Section are as follows:

1.

It is the policy of the County that this Section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, affordable housing.

2.

Construction of affordable units as well as market-rate units within the unincorporated areas of the County of Santa Clara is consistent with the County's Housing Element goals of protecting the public welfare by fostering a sufficient supply of housing for persons at all economic levels. Requiring the development of affordable housing units in new market rate residential development in the unincorporated areas of the County of Santa Clara will provide affordable housing, which will relieve the burden placed on the housing market throughout the County. Provision of additional housing will also help the County reach its regional share of housing needs and implement the goals and objectives of the General Plan, Housing Element, and the Stanford Community Plan. This ordinance is being adopted as part of incremental steps taken by the County of Santa Clara to require the construction of affordable units when market rate units are constructed.

3.

The adoption of an inclusionary housing program for unincorporated areas in the County will also assist in alleviating constraints on availability of land for affordable housing caused by use of residential land primarily for development of market rate housing because it will require new housing developments to include affordable housing, and will assist in alleviating the impacts of the service needs of market rate households in the County.

4.

Requiring the development of affordable housing units in new market rate residential development in the County of Santa Clara, both outside of and within the Stanford Community Plan Area, recognizes the broad need to provide affordable housing across the County. This ordinance is tailored to provide affordable housing requirements for unincorporated areas of the County that reflects the predominately rural and less intense development patterns of most unincorporated areas in the County. Residential development activity consists primarily of single-family developments within rural areas of the County.

This ordinance [section] also recognizes the unique development characteristics within the Stanford Community Plan Area, which is urban and much higher in density than other unincorporated parts of the County. Construction of affordable units as well as market-rate units within the Stanford Community Plan Area is consistent with the County's Housing Element goals of protecting the public welfare by fostering an adequate supply of housing for persons at all economic levels. Requiring the development of affordable housing units in new market rate residential development in the Stanford Community Plan Area will provide affordable housing, which will relieve the burden placed on the housing market in the surrounding area. Flexibility to build units outside of the Stanford Community Plan Area will provide additional housing units to lower income households in the community, further relieving the burden on the housing market. Provision of additional deed-restricted affordable housing within the Stanford Community Plan will also help the County reach its regional share of housing needs and implement the goals and objectives of the General Plan, Housing Element, and the Stanford Community Plan.

6.

The County desires to provide the residential development community with alternatives to construction of the inclusionary units on the same site as the market rate residential development. Therefore, subsection H (Compliance Options) of this Section includes a menu of options from which a developer may select an alternative to the construction of inclusionary units on the same site as the market rate residential development as required by subsection E (On-Site Inclusionary Housing Requirement) of this Section.

7.

This Section 4.20.130 is adopted pursuant to the County's police power authority to protect the public health, safety, and welfare, and as authorized by paragraph (g) of Government Code Section 65850.

B.

Definitions. In addition to the definitions in Chapter 1 of Division A1 of this Code, the following definitions shall apply and shall supersede the definitions in Section 1.30.030 of this Zoning Ordinance where they conflict:

1.

Affordable Housing Cost: The housing cost for dwelling units as defined by California Health and Safety Code Section 50052.5 for owner-occupied housing and the affordable rent for rental units as defined by California Health and Safety Code Section 50053, as applicable.

2.

Affordable Housing Plan: The plan for meeting the inclusionary housing requirements of this Section that is submitted as part of an application for a Planning Permit for a Residential Development and further described in subsection K (Affordable Housing Plan and Inclusionary Housing Agreement).

3.

Applicant: One or more person(s) or entity(ies) that applies for a Residential Development in the County, regardless of whether the person(s) or entity(ies) have an ownership or leasehold interest in the property on

which the development is proposed.

4.

Area Median Income or AMI: The annual median income for Santa Clara County, adjusted for household size, as published periodically in the California Code of Regulations, Title 25, Section 6932, or its successor provision.

5.

Building Permit: The full structural building permits or partial permits (i.e., foundation-only permits).

6.

Certificate of Occupancy: The final inspection approval of the Building Inspection Office on the building permit inspection card for a complete building or structure.

7.

Dwelling Unit: A building or portion thereof that is designed, intended or used for dwelling purposes for one household.

8.

Extremely Low-Income Household: A household as defined in California Health and Safety Code section 50106.

9.

For Sale: Any Dwelling Unit, including a condominium, stock cooperative, community apartment, or attached or detached single-family home, for which a parcel or tentative and final map is required for the lawful subdivision of the parcel upon which the Dwelling Unit is located or for the creation of a unit in accordance with the Subdivision Map Act (California Government Code section 66410 et seq.) or any Residential Development that includes such a For Sale Dwelling Unit.

10.

Inclusionary Housing Fund: A fund or account designated by the County to maintain and account for all monies received pursuant to this Section, as authorized by subsection O (Inclusionary Housing Fund).

11.

Inclusionary Housing Guidelines: The requirements for implementation and administration of this Section adopted by the Planning Commission, applicable to the subject area as identified in this Section.

12.

Inclusionary Unit: A Dwelling Unit required by this Section to be affordable to Extremely Low-, Very Low-, Lower-, or Moderate-Income Households.

Lower-Income Households: Households as defined in California Health and Safety Code section 50079.5.

14.

Market Rate Unit: A new Dwelling Unit in a Residential Development that is not an Inclusionary Unit as defined by this Section, or a Dwelling Unit subject to a long-term affordability agreement, regulatory agreement or deed restriction ensuring affordability, that will expire within one year.

15.

Moderate Income Household: A household as defined in California Health and Safety Code section 50093(b).

16.

Operative Date: The operative date of this Section shall be as follows:

a.

For areas within the Stanford Community Plan Area, the Operative Date shall be July 1, 2019.

b.

For areas outside the Stanford Community Plan Area, the Operative Date shall be June 1, 2021.

17.

Planning Permit: A land use permit or approval including but not limited to a tentative map, parcel map, use permit, architecture and site approval, cluster development permit, development agreement, special use permit, or any other discretionary permit. Does not include General Plan and specific plan amendments, zoning ordinances and amendments, area development policies, or the General Use Permit as described in the Stanford Community Plan.

18.

Rental: A Dwelling Unit that is not a For Sale Dwelling Unit. Does not include any Dwelling Unit, whether offered for rental or for sale, that may be sold individually as the result of the lawful subdivision of the parcel upon which the Dwelling Unit is located in accordance with the Subdivision Map Act.

19.

Residential Development: Any development that would create three or more new, or additional Dwelling Units by any of the following means or combination thereof:

a.

The construction of new Dwelling Units, including additions to existing multifamily structures;

b.

The conversion of a use to a residential use from another use;

c.

The conversion of a use to For Sale residential from a Rental residential use; or

d.

The subdivision of land that would allow residential Dwelling Units.

20.

Student: A matriculated undergraduate or graduate student, but shall not include postdoctoral fellows.

21.

Student Housing: Housing provided solely to Students, including, but not limited to, dormitories, apartments, family student housing, graduate student housing, and other housing provided to matriculated students, but shall not include any housing provided for postdoctoral fellows.

22.

Very Low-Income Household: A household earning no more than the amount defined by California Health and Safety Code section 50105.

C.

Applicability. The provisions of this Section shall apply to all Residential Development in the unincorporated areas of the County, except for any Residential Development exempt under subsection D (Exemptions) or as otherwise noted in this Section.

D.

Exemptions. This Section shall not apply to any of the following:

1.

Projects that are not Residential Developments.

2.

Projects that create less than three Dwelling Units.

3.

Any Residential Development project with an application that was deemed complete pursuant to Section 5.20.080 of this Code prior to the Operative Date of this Section.

4.

Reconstruction of Residential Development that was destroyed by fire, flood, earthquake, or other act of nature, within two years of such an event so long as the number of units does not exceed the number of units before the loss.

Accessory dwelling units, as defined by Section 2.10.030 of the County Code.

6.

Agricultural employee housing, as defined by Section 2.10.030 of the County Code.

7.

Expanded residential community care facilities, as defined by Section 2.10.040 of the County Code.

8.

Student Housing.

E.

On-Site Inclusionary Housing Requirement.

1.

All new Residential Development of three or more units, not within the Stanford Community Plan Area, shall include Inclusionary Units, as follows:

a.

Rental Residential Development. Sixteen percent of the total Dwelling Units in any Rental Residential Development shall be Inclusionary Units made available for rent at an Affordable Housing Cost to lower, very low, or extremely low income households earning no more than 80 percent of the Area Median Income.

b.

For Sale Residential Development. Sixteen percent of the total Dwelling Units in the For Sale Residential Development shall be Inclusionary Units made available for purchase at an Affordable Housing Cost to moderate, lower, very low, or extremely low income households earning no more than 120 percent of the Area Median Income.

c.

Where the calculation of required Inclusionary Units results in a fraction, any decimal fraction above a whole number of Dwelling Units shall either be paid as an in lieu fee pursuant to paragraph 1.c of subsection H (Compliance Options) herein or rounded up to require the provision of an additional Inclusionary Unit.

d.

A developer of a Residential Development project shall not avoid the requirements of this Section by submitting a piecemeal project application. At the time of the application for a Planning Permit, the developer shall identify all contiguous property under common ownership or control and identify the

maximum potential residential dwelling units, except for such units listed in paragraphs (3) to (8) of subsection (D) (Exemptions). If the maximum potential residential dwelling units total three or more, an Inclusionary Housing Agreement, as specified in the Guidelines, shall be recorded against the project and all contiguous property under common ownership or control. The Inclusionary Housing Agreement shall require compliance with this Section upon development of each contiguous property when a total of three or more such residential dwelling units are proposed, or as otherwise specified in the Inclusionary Housing Agreement.

2.

All new Residential Development within the Stanford Community Plan Area of three or more units shall include Inclusionary Units, as follows:

a.

Rental Residential Development. Sixteen percent of the total Dwelling Units in any Rental Residential Development shall be Inclusionary Units made available for rent at an Affordable Housing Cost. Of the total number of Inclusionary Units provided, 15 percent shall be affordable to Extremely Low or Very Low Income Households, 45 percent shall be affordable to Low Income Households, and 40 percent shall be affordable to Moderate Income Households.

b.

For Sale Residential Development. Sixteen percent of the total Dwelling Units in the For Sale Residential Development shall be Inclusionary Units made affordable using one of the following methods:

(i)

Inclusionary Units in a For Sale Residential Development may be made available for purchase at an Affordable Housing Cost to those households earning no more than 120 percent of the Area Median Income; or

(ii)

Required Inclusionary Units in a For Sale Residential Development may be banked and developed as Rental Inclusionary Units pursuant to the Inclusionary Housing Guidelines.

c.

Where the calculation of required Inclusionary Units results in a fraction, the on-site requirements shall be the number of Inclusionary Units required, rounded down to the nearest whole number and any decimal fraction above a whole number of Inclusionary Units shall accrue as provided in the Inclusionary Housing Guidelines.

F.

Timing of Construction of Inclusionary Units. All required Inclusionary Units shall be made available for occupancy concurrently with the first Market Rate Units in the Residential Development. The County shall not issue Building Permits for Market Rate Units except where Building Permits for Inclusionary Units are

included in the application. A Certificate of Occupancy shall not be issued for Market Rate Units except where a Certificate of Occupancy for Inclusionary Units are issued concurrently in the required inclusionary proportion specified in subsection E (On-Site Inclusionary Housing Requirement).

G.

Additional Standards for Inclusionary Units. Inclusionary Units shall be similar in quality and design to the Market Rate Units in the Residential Development and shall meet all site, design and construction standards in this Code and the Inclusionary Housing Guidelines.

H.

Compliance Options. The compliance options herein may apply as alternatives to providing Inclusionary Units on-site as required by subsection E (On-Site Inclusionary Housing Requirement).

1.

For Residential Development not within the Stanford Community Plan Area, the following options apply:

a.

On-Site. An Applicant may construct on-site Inclusionary Units in the Residential Development as described in paragraph 1 of subsection E (On-Site Inclusionary Housing Requirement).

b.

Off-Site. As an alternative to providing Inclusionary Units on-site, the Applicant may develop Inclusionary Units at another location within the County, subject to requirements outlined in the Inclusionary Housing Guidelines. If the Applicant constructs the Inclusionary Units off-site, the number of Inclusionary Units required shall be at least 16 percent of the combined number of market-rate Dwelling Units in the on-site Residential Development plus the off-site Inclusionary Units. The required off-site Inclusionary Units shall not be used to satisfy inclusionary requirements of any separate market rate or mixed income development (double counting).

c.

In Lieu Fee. For fractional Inclusionary Unit requirements as provided in paragraph 1. of subsection E (OnSite Inclusionary Housing Requirement), or for Residential Developments of less than seven Dwelling Units as an alternative to providing Inclusionary Units, the Applicant may satisfy the inclusionary housing requirement by the payment of a fee to the County in lieu of constructing the affordable units within the Residential Development, provided that such fee is received by the County pursuant to paragraph (ii) herein and that all conditions listed below are satisfied. The in lieu fees satisfying the inclusionary housing requirement shall be as follows:

i.

The amount of in lieu fees shall be established by resolution of the County Board of Supervisors. The amount of the in lieu fee may be updated periodically, as necessary, by the Board of Supervisors.

ii.

Timing of In Lieu Fee Payment to the County:

(I)

For Residential Developments consisting of Single-Family or Two-Family Residential units, as defined by Section 2.10.030 of the County Code, payment of the in lieu fee must be made in full to the County prior to the recordation of a final map or parcel map or prior to recordation of a certificate of compliance if such certificate is required pursuant to Section C12-12 of the County Code.

(II)

For Multifamily Residential Developments, as defined by Section 2.10.030 of the County Code, and all other Developments not subject to paragraph (i) above, payment of the in lieu fee must be made in full to the County prior to the issuance of the Building Permit for the first market rate unit in the Residential Development.

iii.

All in lieu fees collected shall be deposited in the County of Santa Clara Inclusionary Housing Fund established pursuant to subsection O (Inclusionary Housing Fund).

d.

Conversion of Existing Units. The inclusionary housing requirement may be satisfied by the conversion of existing Market Rate Units, whether currently owned by the Applicant or proposed to be acquired, to units affordable to Very Low or Lower Income Households only, if all of the following criteria are met:

i.

Two converted units must be provided for each required Inclusionary Unit in the Residential Development. These units shall be in addition to any Inclusionary Units required by another jurisdiction as a result of rehabilitating the existing units.

ii.

The converted Inclusionary Units shall comply with the site, design, and construction standards provided in the Inclusionary Housing Guidelines, and Applicant shall comply with the notice and relocation requirements in the Inclusionary Housing Guidelines before commencing rehabilitation.

iii.

The conversion of the Dwelling Units shall be completed prior to or concurrently with the Market Rate Residential Development pursuant to subsection F (Timing of Construction of Inclusionary Units).

2.

For Residential Development within the Stanford Community Plan Area, the following options apply as alternatives to providing Inclusionary Units on-site as required by paragraph 2. of subsection E (On-Site

Inclusionary Housing Requirement).

a.

On-Site. An Applicant may construct on-site Inclusionary Units in the Residential Development as described in paragraph 2 of subsection E (On-Site Inclusionary Housing Requirement).

b.

Transfers within the Stanford Community Plan Area. Subject to notification to the County Office of Supportive Housing Director and the Department of Planning and Development Director, an Applicant may transfer required Inclusionary Units to another Residential Development within the Stanford Community Plan Area.

c.

Off-Site. As an alternative to providing Inclusionary Units within the Stanford Community Plan Area, the Applicant may develop Inclusionary Units at another location within a six-mile radius of the Stanford Community Plan Area. If the Applicant constructs the Inclusionary Units off-site, the number of Inclusionary Units required shall be at least 16 percent (16%) of the combined number of market-rate Dwelling Units in the on-site Residential Development plus the off-site Inclusionary Units. These units shall be in addition to any Inclusionary Units required or agreed to by Applicant in another jurisdiction.

d.

Conversion of Existing Units. The inclusionary housing requirement may be satisfied by the conversion of existing Market Rate Units, whether currently owned by the Applicant or proposed to be acquired, to units affordable to Very Low or Lower Income Households only, if all of the following criteria are met:

i.

Two converted units must be provided for each required Inclusionary Unit in the Residential Development. These units shall be in addition to any Inclusionary Units required by another jurisdiction as a result of rehabilitating the existing units.

ii.

The converted Inclusionary Units shall comply with the site, design, and construction standards provided in the Inclusionary Housing Guidelines, and Applicant shall comply with the notice and relocation requirements in the Inclusionary Housing Guidelines before commencing rehabilitation.

iii.

The conversion of the Dwelling Units shall be completed prior to or concurrently with the Market Rate Residential Development pursuant to subsection F (Timing of Construction of Inclusionary Units).

I.

Combination of Methods to Provide Inclusionary Housing. The Applicant for a Residential Development must construct Inclusionary Units subject to subsection E (On-Site Inclusionary Housing Requirement) or

may propose any combination of basic inclusionary compliance options available to such development in that area pursuant to subsection H (Compliance Options) of this Section. Such proposals shall be made in the Affordable Housing Plan, which is reviewed and approved concurrently with the Planning Permit as provided in subsection K (Affordable Housing Plan and Inclusionary Housing Agreement), and shall be considered by the County in accordance with this Ordinance and the Inclusionary Housing Guidelines. The County may approve the Affordable Housing Plan with the Planning Permit if the combined methods of compliance provide substantially the same or greater level of affordability and the total amount and type of affordable housing provided is the same or greater than that required by this Section.

J.

Continuing Affordability and Occupancy. Inclusionary Units shall be subject to an agreement with the County to ensure the long-term affordability of the Dwelling Units pursuant to the Inclusionary Housing Guidelines. Inclusionary Units shall remain affordable to the targeted income group for no less than 55 years. A longer term of affordability may be required if the Residential Development receives a subsidy pursuant to a subsidy program that requires a longer term of affordability. Households occupying an Inclusionary Unit shall be screened for income-eligibility pursuant to the Inclusionary Housing Guidelines, and shall be subject to the occupancy requirements therein.

K.

Affordable Housing Plan and Inclusionary Housing Agreement. An Affordable Housing Plan and appropriate fee shall be submitted as part of the application for a Planning Permit for a Residential Development or as otherwise specified in the Planning Permit. The Affordable Housing Plan shall provide any information required by the Inclusionary Housing Guidelines. The Affordable Housing Plan shall conform to the provisions of this Section and the Inclusionary Housing Guidelines.

L.

Monitoring of Compliance. The Inclusionary Housing Guidelines shall include provisions for the monitoring by the County of Inclusionary Units for compliance with the terms of this Section and the Inclusionary Housing Guidelines applicable to the area. The Board may adopt fees for the costs of monitoring and compliance by the County.

M.

Waiver.

1.

Notwithstanding any other provision of this Section, one or more of the requirements of this Section may be waived, adjusted, or reduced if an Applicant shows, based on substantial evidence, that the application of such requirement(s) would effect a taking of property under the United States or California constitution or otherwise violate any other federal or state law.

2.

Any request for a waiver, adjustment or reduction of one or more of the requirement(s) of this Section shall be submitted to the County concurrently with the Affordable Housing Plan required by subsection K (Affordable Housing Plan and Inclusionary Housing Agreement) of this Section. The request for a waiver, adjustment, or reduction shall set forth in detail the factual and legal basis for the claim.

3.

The request for a waiver, adjustment, or reduction shall be reviewed and considered in the same manner and at the same time as the Affordable Housing Plan is considered.

4.

In making a determination on an application for waiver, adjustment, or reduction, the Applicant shall bear the burden of establishing that the waiver, adjustment, or reduction is necessary to avoid a taking of property or violation or federal or state law.

5.

The waiver, adjustment, or reduction may be approved concurrently with the Planning Permit only to the extent necessary to avoid an unconstitutional or unlawful result, and after adoption of written findings, based on substantial evidence, supporting the determinations required by this Section.

N.

Implementation and Enforcement.

1.

The Planning Commission shall adopt Inclusionary Housing Guidelines to assist in the implementation and administration of all aspects of this Section. The Planning Commission's action to adopt the Inclusionary Housing Guidelines shall be a final action.

2.

The County Executive shall periodically evaluate the effectiveness of the ordinance codified in this Section, for review by the Planning Commission and the Board of Supervisors.

3.

The County Counsel shall be authorized to enforce the provisions of this Section and any agreements entered into pursuant to this Section, by civil action or any other proceeding or method permitted by law. The County Counsel, in his or her discretion, may take such enforcement action as is authorized under this Code and/or take any other action authorized by law or any agreement, covenant, restriction, condition, or regulatory document executed pursuant to this Section.

4.

The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the County from pursuing or obtaining any other remedy or relief to which it would otherwise be entitled under law or equity.

O.

Inclusionary Housing Fund.

1.

Unless otherwise required by law, all in lieu fees, fees, promissory note repayments, shared appreciation payments, or other funds collected under this Section shall be deposited into a separate account to be designated as the County of Santa Clara Inclusionary Housing Fund.

2.

The moneys in the Inclusionary Housing Fund and all earnings from investment of the moneys in the Inclusionary Housing Fund shall be expended to provide housing affordable to extremely low income, very low income, lower income, and moderate income households in the County of Santa Clara.

(Ord. No. NS-1200.375, § 1, 10-6-20)

Editor's note— Sec. 1 of Ord. No. NS-1200.375, adopted October 6, 2020, amended § 4.20.130 in its entirety to read as herein set out. Former § 4.20.130 pertained to Inclusionary housing for the Stanford University Community Plan Area, and derived from Ord. No. NS-1200.368, adopted September 25, 2018.

CHAPTER 4.30. - OFF-STREET PARKING AND LOADING