Chapter 5.50 — DESIGN REVIEW

The purpose of design review is to encourage quality design and to mitigate potential adverse visual impacts of development. The procedure most commonly provides for review and conditioning to assure quality residential development in areas deemed visually sensitive.

The design review procedure shall be required:

A.

For development in any "-d" combining zoning district or "-h" combining zoning district;

B.

For development within 100 feet of designated scenic roads on lots to which the "-sr" combining district applies;

C.

As a condition of approval of certain land development applications where necessary and appropriate to address specific design or visual impact issues or to implement certain mitigation measures established by the environmental review process; or

D.

When mandated by the zoning ordinance for certain land uses.

(Ord. No. NS-1200.367, § 17, 6-19-18)

§ 5.50.030. - Approval authority.

The Zoning Administrator shall be the approval authority for design review applications, except where otherwise expressly specified.

(Ord. No. NS-1200.320, § 5, 8-29-06)

§ 5.50.040. - Scope of review.

Design Review shall include consideration of, but shall not be limited to the following:

A.

Mitigation of any adverse visual impacts from proposed structures, grading, vegetation removal and landscaping;

B.

Compatibility with the natural environment;

C.

Conformance with the "Design Review Guidelines," adopted by the Board of Supervisors;

D.

Compatibility with the neighborhood and adjacent development;

E.

Compliance with applicable zoning district regulations; and

F.

Conformance with the general plan, any applicable specific plan, or any other applicable guidelines adopted by the Board of Supervisors or Planning Commission.

(Ord. No. NS-1200.336, § 3, 12-18-12)

The following types of buildings and structures are deemed minor in character and are exempt from design review, except where any superseding "-d 1 " provisions (§ 3.20.040), -sr provisions (§ 3.30.030) or "-h 1 " provisions (§ 3.50.030) apply.

A.

Additions to existing buildings or structures where new floor area does not exceed 1,000 square feet;

B.

Detached accessory buildings, and structures 1,000 square feet or less in floor area;

C.

Accessory dwelling units;

D.

Decks whose floor surface is 30 inches or less above final grade, and grade-level pavement for which grading performed prior to paving does not require a grading permit;

E.

Any decks (regardless of height), carports, arbors, or other similar structures attached to a building that are 1,000 square feet or less in floor area;

F.

Fences three feet or less in height;

G.

Open fences, having a composition (solid components vs open "gap" components) where not more than 25 percent of the surface area is solid when viewed from a position perpendicular to the fence; and that meet the applicable fence height requirements of Section 4.20.050;

H.

Retaining walls that are not subject to a grading permit;

I.

Solar energy conversion systems accessory to a principal structure or use;

J.

Swimming pools;

K.

Small wind energy systems, private antennas, and similar structures;

L.

Up to 5,000-gallon capacity water tank(s);

M.

Urban Primary Units as allowed in § 4.10.387; and

N.

Single-family residences on parcels created from an urban lot split pursuant to Ordinance Code Section C12-44 that are 800 square feet or less.

The cumulative construction of multiple exempt projects on a lot may, at the discretion of the Zoning Administrator, be subject to design review, based upon the characteristics and visibility of the property, the potential visual impact of the buildings or structures, and any other relevant considerations as defined in § 5.50.040, Scope of Review.

(Ord. No. NS-1200.320, § 6, 8-29-06; Ord. No. NS-1200.323, § 14, 1-29-08; Ord. No. NS-1200.327, § 19, 2-9-10; Ord. No. NS-1200.329, § 3, 9-28-10; Ord. No. NS-1200.336, § 4, 12-18-12; Ord. No. NS-1200.367, § 18, 6-19-18; Ord. No. NS-1200.371, § 17, 3-10-20; Ord. No. NS-1200.383, § 13, 1-24-23)

§ 5.50.060. - Administrative approvals and discretionary exemptions.

The following types of buildings and structures may, at the discretion of the Zoning Administrator, be considered minor and eligible for design review administrative approval or a discretionary exemption from the design review process, except where any superseding "-d 1 " provisions (§ 3.20.040), "-sr" provisions (§ 3.30.030) or "-h 1 " provisions (§ 3.50.030) apply. An administrative design review approval shall be granted without a public hearing, based on applicable standards and guidelines for design review. Except for buildings or structures qualifying as Tier 1 and "Sites Not Visible" pursuant to subsection E below, the Zoning Administrator's decision to grant either administrative approval or discretionary exemption will be based upon the characteristics and visibility of the property, the potential visual impact of the buildings or structures, and any other relevant considerations as defined in § 5.50.040, Scope of Review.

A.

Additions to existing buildings and structures, including attached carports, arbors, and similar unenclosed structures, where new floor area is between 1,001 and 2,000 square feet;

B.

Detached buildings, and structures with floor area between 1,001 and 2,000 square feet;

C.

Accessory dwelling units;

D.

Decks that exceed 1,000 square feet in area;

E.

Fences in "-d" combining districts or along designated scenic roads listed in § 3.30.050 which conform to the provisions of this ordinance regulating fence height (excluding certain "open" fences, see subsection 5.50.050(F)), and fence enclosures for tennis courts or other outdoor sports courts that exceed applicable fence height requirements of § 4.20.050 in any zoning district that are setback from property lines, easements, and rights-of-way a distance equal to their height;

F.

Projects in "-d 1 " zoning districts meeting the criteria specified in Section 3.20.040 for "Tier 1" and "Sites Not Visible", regardless of any conflicting standards within this section;

G.

Other minor construction similar in scale to the above categories and having low potential for visual impact, including retaining walls, except where subsection 3.20.040 applies;

H.

Urban Primary Unit as allowed in § 4.10.387; and

I.

Single-family residences on parcels created from an urban lot split pursuant to Ordinance Code Section C12-44 that are 800 square feet or less.

(Ord. No. NS-1200.320, § 7, 8-29-06; Ord. No. NS-1200.323, § 15, 1-29-08; Ord. No. NS-1200.327, § 20, 2-9-10; Ord. No. NS-1200.336, § 4, 12-18-12; Ord. No. NS-1200.371, § 18, 3-10-20; Ord. No. NS1200.383, § 14, 1-24-23)

§ 5.50.070. - Los Gatos Hillside Specific Plan Area.

For projects within the Los Gatos Hillside Specific Plan Area, when a landscape plan is required as a condition of approval, an irrigation and maintenance plan shall be included, and a separate maintenance agreement may be required by the County, per Section 4.4(5), Landscaping, of the adopted Los Gatos Hillside Specific Plan.

(Ord. No. NS-1200.317, § 14, 6-8-04)

§ 5.50.080. - Common procedures.

Refer to Chapter 5.20 for procedures common to all land use processes, including design review. Such procedures include, among others, application, modifications, environmental assessment, public hearing and notification, appeals, notice of approval or denial, limitation of time for establishing the use, life of a permit, and renewal of permits.

(Ord. No. NS-1200.317, § 15, 6-8-04)

CHAPTER 5.55. - LOT LINE ADJUSTMENT[[8]]

Footnotes:

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Editor's note— Ord. No. NS-1203.112, § 1, adopted June 24, 2003, repealed former Ch. 5.55, §§ 5.55.010 —5.55.080, and enacted provisions designated as a new Ch. 5.55 to read as herein set out. Prior to inclusion of said ordinance, Ch. 5.55 pertained to similar subject matter. See also the Code Comparative Table.

Sec. 5.55.010. - Purpose.

Lot line adjustments are intended to provide practical flexibility for minor alteration of existing parcels and/or improved lot design. The lot line adjustment procedure authorizes property line(s) between four or fewer existing adjoining legal parcels to be altered so long as no additional parcels are created and all other state and local requirements are met.

(Ord. No. NS-1203.112, § 1, 6-24-03)

Sec. 5.55.020. - Approval authority.

Except as otherwise provided in this chapter, the planning director is the decision-making authority for lot line adjustments.

(Ord. No. NS-1203.112, § 1, 6-24-03; Ord. No. NS-1200.337, § 12, 12-18-12; Ord. No. NS-1200.349, § 15, 4-7-15)

Sec. 5.55.030. - Scope of review.

The approving authority must determine that a lot line adjustment application conforms to all of the following before approving an application:

A.

State law, including, but not limited to, the Subdivision Map Act, Government Code Section 66410 et seq. and the Williamson Act, Government Code Section 51200 et seq.;

B.

The County general plan;

C.

The criteria and findings in this chapter;

D.

All applicable zoning ordinance provisions; and

E.

All applicable building regulations, including, but not limited to those in Title B, Division B11 (Health and Sanitation), and Title C, Division C3 (Buildings).

If such a determination cannot be made, the lot line adjustment application must be denied.

(Ord. No. NS-1203.112, § 1, 6-24-03)

Sec. 5.55.040. - General plan and zoning requirements and criteria.

The requirements and criteria in this section apply to the determination of whether a proposed lot line adjustment complies with the minimum lot size and development density requirements of the general plan and zoning ordinance. This section does not contain a complete list of general plan and zoning ordinance requirements that may apply to lot line adjustments.

A.

All lots resulting from a lot line adjustment must comply with the general plan and zoning ordinance. The general plan will prevail if there is any need to harmonize general plan and zoning designations for the subject lots.

B.

A "substandard lot" is defined for purposes of this chapter as a lot that does not meet the minimum lot size requirements of the general plan and zoning designations applicable to the property.

C.

If any lot resulting from the proposed lot line adjustment would be substandard, the lot line adjustment may only be approved if the lot line adjustment would not cause or contribute to an increase in allowable density beyond that required by the general plan designation or that which existed when the lot line adjustment application was deemed complete. Lot line adjustments involving substandard lots that fall into one or more of the following categories are presumed not to cause or contribute to an increase in allowable density and may be approved if the approving authority makes all of the required findings under at least one of the following categories.

1.

Category 1 - No Increase in Number of Developable Parcels.

a.

No substandard parcel may be reduced in area by more than 20,000 square feet or ten percent of its original lot area, whichever is less.

b.

Each adjusted lot must retain at least 90 percent of the real property included in the parcel prior to the proposed lot line adjustment.

c.

The lot line adjustment would not result in any additional developable parcels or a greater allowable density than existed prior to the lot line adjustment. In determining if a parcel is developable, the parcel must meet at least one of the following criteria:

(i)

Contain a legal dwelling or other legal building or structure constructed pursuant to and in compliance with a validly issued Building Site Approval, Architecture and Site Approval (ASA) or Use Permit;

(ii)

Be subject to a valid, unexpired Building Site Approval, ASA, or Use Permit for the parcel, including a grading approval, if one is required. The owner must demonstrate ability to comply with all conditions of approval and County requirements and standards, including the issuance of the project clearance form from the County Office of Development Services; or

(iii)

Be a whole lot on a numbered tract map (recorded on or after February 3, 1931) or a whole lot on a parcel map issued pursuant to a legal subdivision, and also be an approved building site.

2.

Category 2 - Accommodation for Existing Legal Structures.

a.

The approving authority finds that the proposed lot line adjustment involves only two parcels and its sole purpose is to accommodate the following types of improvements that were legally constructed by or on behalf of a property owner on an adjoining parcel:

(i)

A dwelling, building, structure or sewage disposal system that was constructed before any permits were required by the County for such improvement; or

(ii)

A dwelling, building, structure or sewage disposal system for which all legally required County permits or agricultural exemption pursuant to section C3-8.3 of the Ordinance Code were issued prior to construction and the improvements were constructed in compliance with all approved plans and permits.

b.

The following types of improvements do not provide sufficient basis to qualify under this category:

(i)

Buildings or structures that are exempt from permit requirements under the County Building Code when the lot line adjustment application is filed; or

(ii)

A fence.

3.

Category 3 - Environmental Impact Avoidance. The sole purpose of the lot line adjustment is to reduce or avoid significant environmental impacts such as geologic hazards or disturbance of important viewshed, riparian or habitat areas. Where this criterion is the basis for approval, the Planning Commission must hold a public hearing on the application and make all of the following findings before approving the proposed lot line adjustment:

a.

The lot line adjustment would not result in any additional developable parcels or a greater allowable density than existed prior to the lot line adjustment. In determining if a parcel is developable, the parcel must meet at least one of the following criteria when the application is filed:

(i)

Contain a legal dwelling or other legal building or structure constructed pursuant to and in compliance with a validly issued building site approval, architecture and site approval (ASA) or use permit;

(ii)

Be subject to a valid, unexpired building site approval, ASA, or use permit for the parcel, including a grading approval, if one is required. The owner must demonstrate ability to comply with all conditions of approval and County requirements and standards, including the issuance of the project clearance form from the County Office of Development Services; or

(iii)

Be a whole lot on a numbered tract map (recorded on or after February 3, 1931) or a whole lot on a parcel map issued pursuant to a legal subdivision, and also be an approved building site.

b.

The lot line adjustment would result in parcels that would be environmentally superior and better implement the general plan policies as compared to the current lot configuration.

c.

The proposed lot design and configuration would optimize general plan conformance and environmental protection and best mitigate environmental impacts in conformance with the general plan.

(Ord. No. NS-1203.112, § 1, 6-24-03)

Sec. 5.55.050. - Additional requirements for all lot line adjustments.

Notwithstanding any other provision in this chapter, all lot line adjustments must comply with all of the following requirements:

A.

No lot line adjustment may be approved where it would cause any parcel that currently meets the minimum lot size specified in the general plan and zoning ordinance to become a substandard lot.

B.

No substandard lot may be decreased in size to enable the subdivision of otherwise unsubdividable parcels (i.e., a substandard lot may not be reduced in size to add land to another lot to facilitate subdivision of the lot being increased in size).

C.

Lots zoned "A" (exclusive agriculture) may not be reduced in size unless it can be demonstrated that the reconfiguration will not adversely affect continued and/or future use of agriculturally viable land either on or adjacent to the lots for which the adjustment is proposed.

D.

This provision is intended to prevent serial lot line adjustments of more than 4 lots, which would violate the intent of the Subdivision Map Act's four-lot limit on lot line adjustments:

1.

The total number of lots involved in a proposed lot line adjustment plus all lots that have been adjusted within the five years preceding the proposed lot line adjustment application that are under common ownership or control and that adjoin any of the lots involved in the proposed lot line adjustment may not exceed four.

2.

No lot that has previously been adjusted may be part of a subsequent lot line adjustment if it would result in more than four adjoining lots being adjusted within a five-year time period.

(Ord. No. NS-1203.112, § 1, 6-24-03)

Sec. 5.55.060. - Lot line adjustments involving land subject to land conservation contracts (Williamson Act).

A.

Any land subject to a land conservation contract pursuant to the Williamson Act, Government Code Section 51200 et seq. ("contracted land" for the purposes of this chapter) must comply with all applicable State and County requirements for such lands in addition to any other requirements for lot line adjustments.

B.

To ensure compliance with all State and County requirements related to the Williamson Act, a proposed lot line adjustment involving any contracted land must meet all of the following additional requirements:

1.

After the lot line adjustment, all parcels containing contracted lands will be large enough to sustain their agricultural use, as defined in Government Code Section 51222;

2.

The lot line adjustment would not compromise the long-term commercial agricultural productivity of any contracted land;

3.

The lot line adjustment is not likely to result in the removal of adjacent contracted land from commercial agricultural use by, for example, increasing the population density in the vicinity; and

4.

The lot line adjustment would not increase the developability of any contracted land or result in a greater number of developable parcels on contracted land than existed prior to the lot line adjustment.

C.

Proposed lot line adjustments between parcel(s) containing contracted land and parcel(s) containing land that is not contracted land will not be approved unless all resulting lots containing contracted land will be large enough to sustain commercial agricultural use as defined in Government Code Section 51222. To meet this requirement, the County and the property owner may mutually agree to rescind existing land conservation contract(s) and simultaneously enter into new land conservation contract(s) if all of the following requirements are met:

1.

The new contract(s) enforceably restrict the adjusted boundaries of the new parcel(s) for an initial term of at least as long as the unexpired term of the rescinded contract(s), but in no case for less than ten years;

2.

There is no net decrease in the total amount of acreage of contracted land;

3.

At least 90 percent of the land that formerly was contracted land would remain contracted land.

(Ord. No. NS-1203.112, § 1, 6-24-03)

Sec. 5.55.070. - Lot configuration.

A.

Lot design. To the extent practical, reconfigured lots should be as simple as possible in their description and configuration, should logically relate to the site characteristics, and should comply with the lot design provisions of the County Subdivision Ordinance [Section C12-21].

B.

Building setbacks. When property subject to a lot line adjustment contains existing structures, all resulting lots shall be designed such that all existing structures would comply with all current setbacks specified in the zoning ordinance for the district in which the property is located.

C.

Infrastructure and easement relocation. The applicant may be required to obtain permission from easement holders and relocate existing utilities, infrastructure and/or easements.

D.

Record of survey. No record of survey shall be required for a lot line adjustment unless required by California Business and Professions Code Section 8762.

E.

Cluster reconfiguration. For the reconfiguration of any lots created pursuant to a cluster permit, a new or modified cluster permit must be obtained in accordance with Chapter 5.45 before any action will be taken on the lot line adjustment application.

(Ord. No. NS-1203.112, § 1, 6-24-03)

Sec. 5.55.080. - Special procedures.

A.

Pre-application meeting. A pre-application meeting is required for each lot line adjustment. The applicant shall schedule a meeting with staff to discuss the proposal prior to submitting the lot line adjustment application. Refer to Chapter 5.20, Common Procedures.

B.

Environmental assessment. Lot line adjustments may require an environmental assessment depending on the circumstances of the specific project.

(Ord. No. NS-1203.112, § 1, 6-24-03)

Sec. 5.55.090. - Time limitations.

A.

A lot line adjustment approval shall be valid for a period of one year from the effective approval date. This time limitation supersedes the time limitation for establishment of a use or structure specified in Section

5.20.110. During this one-year period, the lot line adjustment certificate of compliance (or parcel map, if applicable) and the appropriate deeds revising the lot configurations must be recorded.

B.

Upon written application submitted prior to expiration of the time limitation, one extension of time to complete the activities specified in subsection (A) may be granted by the planning director. Any extension that is granted shall be for no more than one additional year, to commence upon expiration of the initial time period. Payment of the prescribed fee in an amount established by the Board of Supervisors for an extension of time must accompany the application.

(Ord. No. NS-1203.112, § 1, 6-24-03; Ord. No. NS-1200.337, § 13, 12-18-12; Ord. No. NS-1200.349, § 16, 4-7-15)

§ 5.55.100. - Lot merger.

Provisions for the merger of contiguous lots are contained in Section C12-229 of the Ordinance Code.

(Ord. No. NS-1200.318, § 21, 3-28-06)

Sec. 5.55.110. - Common procedures.

Refer to Chapter 5.20 for procedures common to all land use processes, including lot line adjustments. Such procedures include among others, application, modifications, environmental assessment, public hearing and notification, notice of approval or denial, limitation of time for establishing the use, life of a permit, revocation and modification of permits, and renewal of permits.

(Ord. No. NS-1203.112, § 1, 6-24-03; Ord. No. NS-1200.318, § 20, 3-28-06)

CHAPTER 5.60. - SPECIAL PERMIT

The special permit is required where specified in the Zoning Ordinance to establish and conduct certain uses presumed to be generally appropriate and compatible within a zoning district, but whose intensity, impacts, or other characteristics require discretionary review to ensure that projects meet all applicable standards and findings for the use at the designated location. Uses that require a special permit are considered generally lesser in intensity and impacts than those that require a use permit.

The Zoning Administrator shall hear and decide special permit applications.

A special permit may be granted if the Zoning Administrator makes all of the following findings:

A.

The proposed use conforms with the general plan, with the zoning ordinance, and with all standards applicable to the proposed use that have been adopted by the Planning Commission or Board of Supervisors;

B.

The site is adequate for the proposed use, including but not limited to being of adequate size and shape to accommodate all facilities and development features to integrate the use into the surrounding area and to provide any necessary or appropriate buffers between the use and the surrounding area;

C.

The proposed use will not be detrimental to the public health, safety, or general welfare. In this respect the Zoning Administrator shall further find, without limitation, that:

1.

Adequate off-street parking, loading and unloading areas (if applicable) and compliant access for individuals with disabilities will be provided;

2.

Appropriately designed site access will be provided, including safe and adequate access for fire and emergency vehicles (including secondary access where deemed necessary by the fire marshal);

3.

The use will not adversely affect water quality. Adequate wastewater treatment, disposal and sanitation facilities will be provided and will satisfy all applicable local, state and federal requirements;

4.

The use will not be detrimental to the adjacent area because of excessive noise, odor, dust or bright lights;

5.

The use will not substantially worsen traffic congestion affecting the surrounding area;

6.

Erosion will be adequately controlled; and

7.

Adequate storm drainage management exists or will be provided and will comply with all applicable local, state and federal requirements.

If all of the above findings cannot be made, the application shall be denied.

(Ord. No. NS-1200.355, § 8, 4-26-16)

Refer to Chapter 5.20 for procedures common to all land use processes, including special permits. Such procedures include, among others, application, modifications, environmental assessment, public hearing and notification, appeals, notice of approval or denial, limitation of time for establishing the use, life of a permit, revocation and modification of permits, and renewal of permits.