Chapter 5.20 — COMMON PROCEDURES

This chapter sets forth the process for obtaining discretionary planning permits and planning clearances in unincorporated areas in Santa Clara County. It applies to all permits regulated through subsequent sections of this zoning ordinance. The procedures described in this chapter also apply to other types of land

development permits regulated through the County Ordinance Code, including but not limited to building site approval, subdivisions, grading permits, lot mergers, and administrative permits.

The following sections are organized to represent a step-by-step description of the land development permit application and decision-making process.

(Ord. No. NS-1200.371, § 20, 3-10-20)

Certain types of permits require pre-application meetings. Pre-application meetings are held to identify issues of concern related to an application, to review preliminary plans for compliance with County ordinances and standards and to determine an application's adequacy for submittal. The pre-application meeting also informs the applicant of the specific decision-making process for the application. The preapplication meeting is informational and intended to provide guidance to the applicant. The meeting does not result in any official recommendation or final decision with respect to an application.

All applications for land use permits or other approvals, exemptions, modifications, extensions, renewals and appeals shall be filed with the planning office. All applications not initiated by the County shall be accompanied by a filing fee in an amount established by the Board of Supervisors. The County will not process any application until all fees are paid in full; provided, however, that where the application fee is an initial fee plus an hourly rate, the initial fee shall be submitted with the application and work on the application shall be suspended if at any time the paid fees are exhausted.

Applications shall be signed by the owner of the property that is the subject of the application, or by persons having the owner's lawful power of attorney to file the application; or in the case of an appeal, the appellant. Applications involving more than one lot must be signed by property owners of each of the involved lots.

(Ord. No. NS-1200.317, § 11, 6-8-04)

An applicant may apply for a discretionary exemption from the applicable permit if the Zoning Ordinance provides for such discretionary exemption and if the proposed land use is eligible for one of the exemptions described for the applicable permit in subsequent chapters. The Zoning Administrator or other appropriate decision-making authority shall evaluate the application for exemption. If the application for exemption is granted, no public hearing will be required, and any required building permits may be issued based on this exemption. Where the application for discretionary exemption is denied, the normal permit procedure will be followed.

All proposed land uses requiring discretionary permits are subject to the requirements of the California Environmental Quality Act (CEQA) unless they are included in a category of projects which the State has determined are not likely to have a significant impact on the environment. Other projects may also be

exempt from CEQA as determined on a case-by-case basis. Determination as to whether a project is subject to or exempt from CEQA will be made during completeness review.

If a project is subject to CEQA, an environmental assessment (EA), undertaken by or under contract to the Planning Office at the applicant's expense, will be prepared to determine the impact of the project on the surrounding environment. Once a project has been found to require an EA:

A.

A hearing date will not be set or noticed until the EA has been completed, except where the hearing is for the purpose of determining whether the project should be denied without completing the EA; and

B.

A decision to approve the permit cannot be made until the EA has been has been approved or certified as specified under state law. Approval of the EA and the final decision on the project can be made at the same hearing.

On property located within a city's urban service area, city general plan conformance shall be required of uses permitted by the following permitting procedures: subdivision, lot line adjustment, use permit and zone change. General plan conformance is also required for multi-family housing and mixed-use residential projects on parcels that do not have the -os designator. An official document from the city affirming general plan conformance must accompany all such permit applications.

Development on the lands of Stanford University shall be exempt from this requirement, per the intergovernmental protocol agreement adopted jointly by the County of Santa Clara, Stanford University, and the City of Palo Alto.

(Ord. No. NS-1200.384, § 13, 12-12-23)

A.

Applicability. Except as provided in subsection B, below, no application for architecture and site approval, subdivision, use permit, zone change, or for any permit for construction of a building for habitation, or for commercial or industrial use on a vacant parcel, shall be accepted for filing for any parcel of land within a city's urban service area and which is:

1.

Contiguous to the city; or

2.

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

Located within territory entirely surrounded by one (1) or more cities and adjoining a portion of a public street or highway which is no more than three hundred (300) feet in length connecting the parcel to territory within the city; unless a petition or resolution initiating annexation of the parcel to such city has been filed with the appropriate local, agency and denied, or unless the city council or its planning director has, in writing, waived the provisions of this section. In the event the parcel is located within territory which has been placed under the County's jurisdiction pursuant to California Government Code Section 35004, the landowner shall be required to file a petition with the Santa Clara County Local Agency Formation Commission (LAFCO) to detach the parcel from the city to which the parcel has previously been annexed and to annex the parcel to the city again.

B.

Exceptions. This section shall not prevent the filing of any application for any or all of the following:

1.

Alterations of or additions to a single-family residence, construction of accessory structures and accessory dwelling units.

2.

Reconstruction (within two (2) years) of any structure destroyed by fire, flood or other casualty beyond the control of the property owner;

3.

Replacement of a structure because of condemnation proceedings;

4.

Development on the lands of Stanford University, per the intergovernmental protocol agreement adopted jointly by the County of Santa Clara, Stanford University, and the City of Palo Alto.

5.

Minor alterations of or additions to existing duplexes, multifamily dwellings, commercial or industrial structures where number of units is not being increased. Exemption includes construction of minor accessory structures and site improvements such as parking areas.

6.

The addition of an Urban Primary Unit on a qualifying lot.

7.

Multifamily housing or limited mixed-use residential development in the -os combining district.

For the purpose of subsection (B)(5) above, "minor" shall mean changes which do not substantially alter or significantly intensify the existing primary land use. Where this is not clear as it may apply to a specific proposal, a determination shall be made mutually by the planning directors or their designees of the County

and the affected city within ten (10) days of the applicant's written request for a determination. Upon their failure to agree, the matter shall be referred to the members of the Santa Clara County Local Agency Formation Commission (LAFCO), which shall henceforth constitute the County reviewing body. The determination of LAFCO shall be final.

A corresponding annexation provision applicable to building site approval may be found in Section C1-52 of the County Ordinance Code.

(Ord. No. NS-1200.367, § 15, 6-19-18; Ord. No. NS-1200.371, § 16, 3-10-20; Ord. No. NS-1200.383, § 12, 1-24-23; Ord. No. NS-1200.384, § 14, 12-12-23)

All applications submitted to the Planning Office will be initially processed to determine their completeness. This processing generally occurs during a 30-day period, and includes review by a variety of individuals and agencies to identify whether additional information is needed to fully process the application through the final decision.

A.

Notification of applicant. Within 30 days after the application is submitted, the applicant shall be informed in writing either that the application is complete and acceptable for processing, or that the application is incomplete and that additional information, as specified in the letter, must be provided.

B.

Resubmittal of materials. If an application has been deemed incomplete, the requested materials must be submitted within six months. Within 30 days of a resubmittal, the applicant shall be informed in writing either that the application is complete and acceptable for processing, or that the application is incomplete and that additional information, as specified in the letter, must be provided.

If the requested materials have not been submitted within six months of the date of the incomplete letter, an additional fee is required to continue processing the application. If the required materials have not been submitted within one year of the incomplete letter, the application will be deemed abandoned, and the application fees will not be refunded.

C.

Appeal of incompleteness determination. An applicant may appeal an incompleteness determination to the Planning Commission in accordance with the procedures in Chapter 5.30. The Planning Commission shall render a decision on the appeal within 60 days after the appeal is filed.

D.

Additional information for environmental review. After an application has been deemed complete, the Planning Office may require the submittal of additional information to determine the environmental impacts of the project or to assess feasible alternatives or mitigation measures for such impacts as required by the California Environmental Quality Act.

The time limits in this section may be extended upon mutual written agreement of the applicant and the Planning Director.

An application may be modified by the applicant at any time prior to approval. Any prior finding of application completeness may be voided by submittal of a request for modification or withdrawal. Depending on the type and substance of the modification, the modified application may be distributed again for completeness review as provided in Section 5.20.080 and may require payment of a supplemental application fee.

An application may be withdrawn by the applicant at any time. The withdrawal shall be without prejudice to the application. Any resubmittal of the application shall be accompanied by the required filing fee.

The required public notice of the hearing shall be provided at least ten days prior to the scheduled hearing, in accordance with all applicable state laws. The notice shall include the date, time and place of the hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description (text or diagram) of the property location. Notice is required through one or more of the following means.

A.

Mailing or delivery. Unless otherwise provided in this section, notice shall be mailed or delivered to the following individuals and agencies:

1.

The applicant, at the address shown on the application, and all owners of the subject property(s) at their addresses as shown on the most current property tax roll of Santa Clara County;

2.

Any person who has filed a written request for notice on the particular application with either the Planning Office or Clerk of the Board of Supervisors;

3.

Local agencies expected to provide utilities, roads, schools or other essential services, where their ability to provide such services may be significantly affected; and

4.

The owners of all real property located within 300 feet of the subject property boundaries at their addresses as shown on the most current property tax roll of Santa Clara County, or of a neighboring county. If there are fewer than 24 properties within 300 feet, the notification radius shall be extended to include the 24 closest properties.

B.

Publication. In addition to the mailing requirements in subsection A, above, notice shall be published in a newspaper of general circulation at least ten days prior to the public hearing. Where the combined number of agencies and individuals described in subsections A1, A3 and A4 is greater than 1,000, the County may publish the notice in a newspaper of general circulation instead of sending individual notices.

C.

Continued hearing. If a noticed public hearing is continued to a date certain by the decision-making body, no additional notice is required to be mailed to previous recipients of such notice. The decision-making body shall continue or recontinue any hearing to any subsequent meeting in accordance with California Government Code Section 54955 and Section 54955.1.

D.

Additional notice and early notification. The County may, in its discretion, provide additional notice beyond that specified in this section. The applicant may be required to provide additional early notification and public outreach in accordance with the most recently adopted Early Public Notification and Outreach Policy for Development Projects.

Failure to comply with the notice requirements in this section, in whole or in part, shall not invalidate any action taken on the matter.

(Ord. No. NS-1200.332, § 12, 11-22-11; Ord. No. NS-1200.341, § 1, 12-10-13)

Development conditions of approval are established by the approving authority based on recommendations from the Planning Office and other agencies consulted on the application. An approval may include reasonable conditions that are commensurate with the nature and magnitude of the project, and should relate to the purpose of the applicable permitting process. Conditions shall be intended to accomplish the following:

A.

Avoid or mitigate adverse impacts,

B.

Preserve the integrity and character of the zoning district,

C.

Implement General Plan policies and other adopted programs and policies related to land development and public infrastructure, and

D.

Promote basic health, safety and welfare.

Conditions shall be completed according to the time requirements specified in the approval.

A notice of the permit and conditions of approval authorized under this zoning ordinance shall be recorded with the Office of the Clerk-Recorder in accordance with recording requirements when required by the conditions of approval. If such permit is modified or revoked, a notice of modification or revocation shall be recorded with the Office of the Clerk-Recorder.

(Ord. No. NS-1200.349, § 11, 4-7-15)

The decision-making body shall take action on the application in accordance with the time requirements provided in California Government Code § 65950 unless extended by mutual written agreement of the applicant and the decision making body.

The decision-making body may deny an application for any permit or approval if there is a recorded notice of violation for any zoning, grading, building code, housing code, or other land use violation on the property that is the subject of the application. For purposes of this section, a violation is an existing violation until a notice of expungement or compliance agreement is recorded.

(Ord. No. NS-1200.357, § 1, 8-16-16)

Upon the approval, conditional approval, or denial of an application or appeal, the Planning Office shall prepare and deliver to the applicant, property owner and appellant a formal written notice of the action. The notice shall contain a statement of conditions applicable to the permit or other approval. The decision shall not become final until the specified appeal period has elapsed without an appeal having been filed.

If, after all appeals have been exhausted and the final decision making body has issued a permit or other approval, any applicant(s) or property owner(s) who objects to any conditions or mitigation measures imposed on the permit or approval shall file an objection with the Planning Office no later than the 15th calendar day after the decision is rendered. The failure to file an objection within this time constitutes acceptance of and agreement to all of the conditions of approval and mitigation measures. The filing of an objection shall void the approval in its entirety.

If application of this section would conflict with or be preempted by state law, state law shall govern, but only with respect to the specific issues of conflict, and this section shall remain in effect for all other issues.

Establishment of a use or approved structure must occur within four (4) years of the effective date of the original permit approval, with the exception of use permits. In the case of a use authorized by a use permit, establishment of the use must occur within five (5) years of the effective date of approval, or within such other term of approval as may be specified by the approving body. The approval term may be lengthened

to match the approval term of a concurrent, related land use application (e.g. use permit) on the subject property.

A use or structure shall be considered established when any of the following apply:

A.

All required construction permits have been obtained, grading work and structural foundations are completed and substantial progress has been made on the above-grade construction;

B.

A certificate of occupancy has been issued and bonds guaranteeing site improvements have been released; or

C.

A use not requiring any building permits is operating in compliance with all conditions of approval.

(Ord. No. NS-1200.317, § 12, 6-8-04; Ord. No. NS-1200.319, § 16, 3-28-06; Ord. No. NS-1200.349, § 12, 4-7-15)

When a permittee requests additional time within which to establish a use beyond the time limit provided in Section 5.20.170, one extension of time may be granted, if requested in writing prior to the expiration date of the permit, accompanied by an application form, explanation of the circumstances necessitating the extension request, and the appropriate filing fee established by the Board of Supervisors. An extension of time shall be for no more than two years, to commence upon expiration date of the initial permit approval.

The decision regarding an extension of time shall be made by the decision-making authority as provided in Section 5.20.010. Any such decision may be appealed pursuant to the provisions of Chapter 5.30, Appeals.

(Ord. No. NS-1200.323, § 11, 1-29-08; Ord. No. NS-1200.337, § 10, 12-18-12)

Requests for permit renewals of a time-limited permit must be made in writing prior to the expiration date of the permit sought to be renewed, and must be accompanied by an application form and the required filing fee. Permit renewal requests shall be processed in the same manner as the original application, and the approval authority shall be the same as if the application was for a new permit. Upon application for renewal, the expiration of the permit shall be stayed until a formal action has been taken on the extension request, but in no event for more than two years. If permit renewal is granted, the new approval term shall be established by the approval authority, in its discretion, and shall begin immediately after the original expiration date

(Ord. No. NS-1200.323, § 12, 1-29-08)

Modification of an approved permit may be initiated by filing an application with the Planning Office accompanied by the appropriate filing fee and documentation. Such modification may involve a change of use, alteration of approved structure, change in configuration of site improvements, or modification or deletion of any condition(s) of approval. Modifications are classified as either minor or major based generally on their significance, consequences, and the amount of additional processing and review required.

A.

Minor modification. A modification is considered minor when all of the following circumstances apply:

1.

It does not involve substantive changes to the approved site plan;

2.

It does not significantly change the nature of the approved use;

3.

It does not intensify the approved use; and

4.

It would not result in any new or substantially greater environmental effects than the originally approved project.

Minor modifications may be subject to a new public hearing at the discretion of the Planning Director or his or her designee. The Planning Director shall also determine whether a particular modification qualifies as minor, based on the above criteria.

B.

Major modification. A modification shall be considered major if any of the following circumstances apply:

1.

It involves substantive changes to the approved site plan;

2.

It significantly changes the nature of the approved use;

3.

It results in intensification of the approved use; or

4.

It may result in new or substantially greater environmental impacts than the originally approved project.

Major modifications shall be subject to a new public hearing if a public hearing was required for the original approval.

On its own motion, or at the direction of the planning director or Board of Supervisors, the Planning Commission may hold a hearing to revoke or modify any discretionary land use permit or approval granted pursuant to this zoning ordinance. No formal application is required for the hearing.

A.

Findings. The Planning Commission may revoke or modify any active land use permit on the basis of evidence and testimony in the administrative record, including evidence submitted at the hearing, if it finds any of the following:

1.

The permit was obtained by fraud;

2.

The permit conditions, including the permitted use of the property and any mitigation measures included as part of an approved mitigation monitoring or reporting program, have been or are being violated;

3.

A public health or safety nuisance has been created by the exercise of the permit, or by changed circumstances from when the permit was approved; or

4.

An inadvertent error or omission made in establishing the original conditions requires modifications or additions to the permit conditions.

B.

Revocation, modification, or reaffirmation of permit. If the Planning Commission makes one or more of the above findings it may revoke the permit, change conditions or add new conditions as necessary to correct problems or violations relating to the use. The commission may also modify conditions or add new conditions to preserve the integrity and character of the zoning district or to secure the general purposes of the zoning ordinance and the general plan.

If the Planning Commission does not make any of the above findings, it shall reaffirm the permit.

C.

Notification. Upon the revocation, modification or reaffirmation of any land use permit, the planning office shall prepare and deliver to the permittee and the property owner a formal written notice of the Planning Commission's action. If the permit is revoked, the notice shall contain a statement directing the permittee and property owner to immediately cease the formerly authorized use, and shall further inform them that

failure to cease the use shall be subject to enforcement and penalties as set forth in Chapter 5.80, Enforcement.

D.

Appeal. A decision to revoke, modify or reaffirm any land use permit or approval may be appealed to the appropriate appeal authority, in accordance with the appeal procedure of Chapter 5.30.

(Ord. No. NS-1200.349, § 13, 4-7-15)

The purpose of this requirement is to regulate the use and development of parcels created by gift deed outside County planning and development regulations for subdivisions. For certain parcels created by gift deed that do not conform with the minimum lot size of the zoning district in which they are located, an exemption from the Subdivision Ordinance and the minimum lot size of the zoning district must be secured prior to the granting of any permit or other land use approval or entitlement, pursuant to Sections C12-240 —C12-242 of the County Ordinance Code. The provisions of this section apply to parcels created by gift

deed that were recorded on or between February 4, 1986, and noon of March 22, 1988, that are below the minimum lot size of the zoning district, and which have not obtained a building exemption or conditional certificate of compliance.

A.

Concurrent application for exemption required. No permit or other land use approval or entitlement shall be granted unless a concurrent application for exemption is submitted and approved. The Planning Commission shall be the granting authority for such exemption, as set forth in Section C12-242 of the County Ordinance Code, Article 7, Gift Deeds.

B.

Findings. The findings necessary for the granting of an exemption shall be as set forth in Section C12-242 of the County Ordinance Code, Subsection 4b, Subparagraphs 1—6.

C.

Conditions. The Commission may include such additional conditions and requirements as it deems reasonable and necessary to ensure conformity of development with the intent of the zoning district, applicable goals and policies of the General Plan, and any other applicable development regulations.

A.

Purpose. This section establishes procedures and requirements for the review and approval of development agreements in compliance with the provisions of Government Code sections 65864 through 65869.5. The County finds and declares the use of development agreements is beneficial to the public, in that:

1.

Development agreements increase certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning.

2.

Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to specified conditions of approval, thereby strengthening the public planning process and reducing economic costs of development.

3.

Development agreements enable the County to plan for and obtain necessary public improvements, including, but not limited to, streets, sewage, transportation, water, school, and utility facilities.

B.

Applicability. Only a person who has legal or equitable interest in the subject property which is the subject of the development agreement (or his or her authorized agent), may submit an application for a development agreement.

C.

Review process. A public hearing on an application for a development agreement must be held by the Planning Commission and the Board of Supervisors. Notice of intention to consider the adoption of a development agreement must be given as provided in Government Code §§ 65090 and 65091.

The designated approving authority for development agreements is the Board of Supervisors. The Board of Supervisors may approve a development agreement only by ordinance in accordance with the requirements of this section.

D.

Findings. A development agreement shall not be approved by the Board of Supervisors unless the Board finds that the development agreement is consistent with the General Plan, any applicable specific plan, and Zoning Ordinance.

E.

Amendment and cancellation of agreement. Any party to the agreement may propose an amendment to or cancellation in whole or in part of the development agreement, the procedure for which is the same as the procedure described in subsection (C) of this section. Notice of the proposal to amend or cancel any portion of the development agreement shall be given as provided for in Government Code §§ 65090 and 65091.

F.

Recordation. Within ten days after the County enters into the development agreement or any amendment thereof, the Clerk of the Board shall cause the agreement or amendment to be recorded with the County Clerk-Recorder. The Clerk of the Board shall be the official custodian of the development agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the development agreement.

E.

Periodic review. The Director of the Department of Planning and Development must, at least every 12 months as provided by Government Code § 65865.1, review the development agreement and provide a written report to the Board of Supervisors. The burden of proof is on the applicant to provide necessary information verifying good faith compliance with the terms of the development agreement. The applicant shall also bear the cost of such review in accordance with the fee established by a Board of Supervisors resolution. If the Director finds that any aspect of the development project is not in good faith compliance with the terms of the development agreement, the Planning Director may schedule the matter before the appropriate reviewing authority for review for possible amendment or termination.

(Ord. No. NS-1200.367, § 1, 6-19-18)

Certain types of uses in unincorporated areas of Santa Clara County require an administrative planning clearance. A planning clearance is a ministerial, nondiscretionary process for uses that require adherence to the Zoning Ordinance but for which no discretionary permit is required. Uses allowed with a planning clearance require that an applicant verify and provide sufficient evidence to establish that the proposed use adheres to the Zoning Ordinance.

In such cases where a use allowed with a planning clearance requires compliance with specific development standards, the planning clearance shall include certain conditions of approval to ensure compliance with all development standards for the use. A planning clearance shall be issued prior to the issuance of any building permit or other approval required by the Ordinance Code.

The Planning Office is responsible for evaluating applications for planning clearance. There is no appeal of a planning clearance.

(Ord. No. NS-1200.371, § 21, 3-10-20)

CHAPTER 5.30. - APPEALS