Part 6 — Disclosure Requirements

Sec. C13-47. - Real estate transfer disclosure statement.

Pursuant to Civil Code § 1102.6a, prior to any transfer of restricted land by sale, exchange, installment land sale contract (as defined in Civil Code § 2985), lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or real property or residential stock cooperative,

improved with or consistent of not less than one nor more than four dwelling units, the transferor shall provide the following disclosure: "The real property that is the subject of this transaction is subject to an open space easement agreement pursuant to the Open-Space Easement Act of 1974, Government Code § 51070 et seq., which requires that the land be devoted to open space and imposes restrictions on the use and development of the land." This disclosure shall be provided on a form substantially similar to that provided in Civil Code § 1102.6a or section B29-4 of this Code. The transferor shall ensure that the transferee signs the disclosure prior to completing the transfer.

(Ord. No. NS-1203.130, § 1, 3-26-24)

CHAPTER III. - FARMLAND SECURITY ZONE CONTRACTS ARTICLE 1. - GENERAL PROVISIONS

Sec. C13-48. - Purpose.

This chapter sets forth requirements for farmland security zone contracts pursuant to Government Code § 51296 et seq. In enacting this Chapter III, the Board of Supervisors declares its support to expand options available to landowners for the preservation of agricultural lands and to encourage the creation of longerterm voluntary enforceable restrictions within agricultural preserves.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-49. - Land Qualification.

(a)

Except as otherwise provided in subsection (b), farmland security zone contracts shall only apply to land that is designated on the Important Farmland Series maps, on file with the Department of Planning and Development and prepared pursuant to Government Code § 65570, as predominantly one or more of the following:

(1)

Prime farmland;

(2)

Farmland of statewide significance;

(3)

Unique farmland; or

(4)

Farmland of local importance.

(b)

If the proposed farmland security zone is an area that is not designated on the Important Farmland Series maps, the land shall qualify if it is predominately prime agricultural land, as defined in Government Code § 51201(c).

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-50. - Application and fees for Farmland Security Zone Contract.

A landowner or group of landowners may apply to the Clerk of the Board of Supervisors on a form prepared by the County to rescind a Williamson Act contract or contracts entered into pursuant to chapter I in order to simultaneously place the land subject to that contract or those contracts under a new contract designating the property as a farmland security zone. A landowner or group of landowners may also apply to the Clerk of the Board of Supervisors to create a farmland security zone for the purpose of directly entering into a farmland security zone contract pursuant to this section. An application shall be accompanied by all applicable fees as established by resolution of the Board of Supervisors and a completed farmland security zone contract in a form prepared by County Counsel with notarized signatures of all landowners and all required attachments.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-51. - Creation of Farmland Security Zone.

(a)

Prior to entering into a farmland security zone contract, the Board of Supervisors shall create a farmland security zone, pursuant to the requirements of section C13-7 and Government Code § 51230 and all of the following:

(1)

No land shall be included in a farmland security zone unless expressly requested by the landowner;

(2)

No land located within a city's sphere of influence shall be included within a farmland security zone, unless the creation of the farmland security zone within the sphere of influence has been expressly approved by resolution by the city with jurisdiction within the sphere of influence; and,

(3)

If more than one landowner requests the creation of a farmland security zone and the parcels are contiguous, the County shall place those parcels in the same farmland security zone.

(b)

Upon termination of a farmland security zone contract, the farmland security zone designation for the parcel(s) shall simultaneously be terminated.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-52. - Criteria for evaluating Farmland Security Zone contract applications and recordation of a contract.

(a)

No application for a Farmland Security Zone contract shall be approved by the Board of Supervisors unless all of the following criteria are met:

(1)

The land is included within a farmland security zone as created by the Board of Supervisors in accordance with section C13-51;

(2)

The land meets the qualification requirements of section C13-49; and

(3)

All parcels proposed for inclusion in the farmland security zone contract are devoted to agricultural use.

(b)

Even if all of the criteria in subsection (a) are met, the Board of Supervisors may, in its discretion, choose not to approve the application.

(c)

The Clerk of the Board of Supervisors shall record any executed contract with the Clerk-Recorder within 20 days after the Board of Supervisors executes the contract and no later than December 31 of the calendar year in which it was executed.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-53. - General provisions.

(a)

The term of a farmland security zone contract shall be for an initial term of no less than 20 years. Each contract shall provide that on the anniversary date of the contract or on another annual date as specified by the contract, one year shall be added automatically to the initial term of the contract unless a notice of nonrenewal is given pursuant to section C13-18.

(b)

The use and development of all contracted land shall at all times comply with Government Code § 51200 et seq., this chapter, the terms of the farmland security zone contract, and other applicable state and local laws, regulations, ordinances, and guidelines, including the Guidelines for Williamson Act and Farmland Security Zone Programs adopted by the Board of Supervisors. If there is any conflict between these sources of authority, state law shall prevail.

(c)

The land subject to a farmland security zone contract shall be eligible for property tax valuation pursuant to Government Code § 51296.2.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-54. - Compatible uses and development.

Prior to undertaking any development or use on contracted land, the landowner shall apply for and obtain a compatible use determination from the County pursuant to the requirements of sections C13-14 through C13-16, and subject to the requirements of Government Code § 51296.7.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-55. - Contract nonrenewal.

The procedures set forth in section C13-18 shall govern the nonrenewal of any farmland security zone contract.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-56. - Contract cancellation.

Any petition to cancel a farmland security zone contract shall be filed with the Clerk of the Board of

Supervisors on a form prepared by the County for this purpose. The petition be accompanied by payment of an application fee in an amount established by resolution of the Board of Supervisors. The cancellation of a farmland security zone contract shall be processed in accordance with Government Code § 51297.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-57. - Contract compliance and enforcement.

The procedures established in sections C13-20 to C13-23 shall govern compliance and enforcement of farmland security zone contracts.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-58. - Real estate transfer disclosure statement.

The real estate disclosure requirements established in section C13-25 shall apply to land subject to a farmland security zone contract.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Division C14 - ENERGY CONSERVATION CHAPTER I. - RESERVED[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Chapter I, §§ C14-1—C14-8, relating to residential energy audit and energy conservation measures, was repealed by § 1 of Ord. No. NS-1207.3, adopted Mar. 7, 1989. The chapter had been derived from Ord. No. NS-1207, § 2, adopted Feb. 4, 1980; Ord. No. 1207.2, § 1, adopted Sept. 16, 1980.

Secs. C14-1—C14-9. - Reserved. CHAPTERS II, III. - RESERVED[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Section 1 of Ord. No. NS-1208.2, adopted Sept. 16, 1986, repealed Chs. II, III. Chapter II, §§ C14-10—C14-19, dealt with solar water heaters for residential domestic use and was derived from Ord. No. NS-1209, § 2, adopted June 23, 1980, and Ord. No. NS-109.2, § 2 adopted Mar. 27, 1984. Chapter III, §§ C14-20—C14-27, dealt with residential energy conservation standards for new residential buildings and was derived from Ord. No. NS-1210, § 2, adopted Nov. 30, 1982.

Secs. C14-10—C14-27. - Reserved. CHAPTER IV. - MUNICIPAL SOLAR UTILITY PROGRAM

Sec. C14-28. - Intent.

It is the intent of this chapter to establish a municipal solar utility within the unincorporated area of Santa Clara County, for the purpose of satisfying the requirements contained in California Revenue and Tax Code § 17052.5 or 23601, and for the purpose of facilitating the leasing of solar energy devices and to establish regulating authority for any solar leasing operation that may be conducted under the program.

(Ord. No. NS-1211, § 2, 11-80-82)

Sec. C14-29. - Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:

(a)

Municipal solar utility. A "municipal solar utility" (MSU) shall mean a program conducted by the County of Santa Clara or its authorized agent to promote the utilization of renewable energy and energy conservation technologies through leasing of solar energy systems as provided by Revenue and Taxation Code § 17052.5.

(b)

Solar lease. A "solar lease" means a contract for the leasing of solar energy systems owned by the lessor and used by the lessee, which are affixed to, or located at, and servicing the real property owned or occupied by the lessee.

(c)

Solar lessor. "Solar lessor" shall mean any individual or entity arranging, pursuant to a lease, for installation and servicing of solar energy systems.

(d)

Solar energy system. "Solar energy system" means equipment and materials that are intended to be located on or affixed to real property for the purpose of any of the following:

(1)

Domestic, recreational, therapeutic or service water heating;

(2)

Space conditioning;

(3)

Production of electricity;

(4)

Process heat;

(5)

Solar mechanical energy; and

(6)

Wind energy for the production of electricity or mechanical work.

The term "solar energy system" shall include, but is not limited to, passive thermal systems, semipassive thermal systems, active thermal systems, photovoltaic systems and wind-driven systems.

(Ord. No. NS-1211, § 2, 11-30-82)

Sec. C14-30. - Regulation of solar leasing operations.

(a)

No individual or entity shall operate as a certified solar lessor under the municipal solar utility program of the County of Santa Clara as established herein without having obtained a valid solar leasing permit from the Central Permit Office. Such a permit shall authorize the conduct of solar leasing operations under the municipal solar utility program for a period of one year and shall be renewable.

(b)

After the effective date of this chapter and within 45 days after receiving the first written request from a solar lessor for a solar leasing permit, the Board of Supervisors shall by resolution establish all requirements for obtaining certification under the municipal solar utility program. Such requirements shall be limited to those which protect consumers against inexperienced or financially unstable solar leasing companies, substandard equipment or installation practices, or unfair lease arrangements.

(Ord. No. NS-1211, § 2, 11-30-82)

Sec. C14-31. - Fees.

Reasonable fees shall be charged to cover the costs of administering this chapter and may be established by resolution of the Board of Supervisors.

(Ord. No. NS-1211, § 2, 11-30-82)

Sec. C14-32. - Appeal.

An applicant dissatisfied with the decision of the Central Permit Office may appeal said decision to the Board of Supervisors. The procedure for such appeal shall be established by the Central Permit Office.

(Ord. No. NS-1211, § 2, 11-30-82)

Division C15 - GEOLOGIC HAZARD ABATEMENT DISTRICTS CHAPTER I. - PROCEDURES FOR ESTABLISHING GEOLOGIC HAZARD ABATEMENT DISTRICTS

Sec. C15-1. - Applicability of Chapter 2.5 of Division 17 of the California Public Resources Code.

Chapter 2.5 of Division 17 of the California Public Resources Code (Public Resources Code § 26568 et seq.) shall hereby apply to the County of Santa Clara and to the territory within its jurisdiction.

(Ord. No. NS-1212, § 1, 11-5-85)

Division C16 - TREE PRESERVATION AND REMOVAL

Sec. C16-1. - Intent.

The Board of Supervisors finds that it is necessary to enact this ordinance to promote the public health, safety, general welfare and prosperity of the County, while recognizing and respecting individual rights to develop, maintain and enjoy private property to the fullest possible extent, consistent with the public interest, convenience and necessity. The County recognizes the substantial economic, environmental and aesthetic importance of its tree population. The County finds that the preservation of all trees in private and public property is necessary for the best interests of the County and its citizens in order to:

(a)

Establish and maintain the optimum amount of tree cover on public and private lands in the County;

(b)

Protect property values;

(c)

Preserve and protect aesthetic and scenic beauty;

(d)

Prevent erosion of topsoil add protect against flood hazards and the risk of landslides;

(e)

Counteract the pollutants in the air;

(f)

Protect against high winds;

(g)

Maintain the climatic balance and provide shade;

(h)

Provide habitat to a variety of wildlife species; and

(i)

Protect valuable historical and community assets.

The Board of Supervisors further finds that it is necessary and desirable to protect and preserve those trees which, because of their history, girth, height, species, or other unique quality, have a special significance to the community. As a result, heritage trees shall be given additional protections under this chapter, as provided in Section C16-13 and Section C16-17(c).

(Ord. No. NS-1203.107, § 1, 2-11-97)

Sec. C16-2. - Definitions.

When used in this division, the following terms shall have the following meanings:

Commercial tree species shall mean any tree species defined as "commercial species" by the California Forest Practice Rules, which include but are not limited to Coast Redwood, Douglas Fir, Monterey Pine, Jeffrey Pine, and Ponderosa Pine (Group A). Commercial tree species shall also include Tanoak, Eucalyptus, California Black Oak and Pacific Madrone (Group B) when such trees are found on lands where the species in Group A are now growing naturally or have grown naturally in the recorded past.

Encroachment permit provides authorization to remove, cut or alter any tree growing within or upon any County road right-of-way.

Hardwood shall mean trees that are angiosperms, usually broad leaved, which include but are not limited to Oak, Maple, Madrone, Blue Gum and Bay.

Heritage tree shall include any tree which, because of its history, girth, height, species, or other unique quality, has been recommended for inclusion on the heritage resource inventory by the Historical Heritage Commission and found by the Board of Supervisors to have special significance to the community, and which has therefore been included in the heritage resource inventory adopted by resolution of the Board of Supervisors.

Notice shall refer to notice in writing, sent by first class mail.

Person shall mean an individual, firm, association, corporation, and their employees, agents and representatives, or a public agency, including the County and its departments.

Private property shall mean all property not owned by the County of Santa Clara or any other public agency.

Prune shall mean to trim or cut away any limbs or branches of a tree which will not adversely impair the health of the tree.

Public property shall mean all property owned or leased by the County of Santa Clara, any other city, county, special district or other public agency in the unincorporated area of Santa Clara County.

Remove and removal shall include cutting down, burning, poisoning, or otherwise diminishing the vigor of or destroying a tree, as well as adversely pruning or topping a tree.

Tree means any woody plant rising above the ground with a trunk which has a circumference of 37.7 inches or more (12 inches or more in diameter) measured at 4.5 feet above the ground or immediately below the lowest branch, whichever is lower, or in the case of multi-trunk trees a trunk size of 75.4 inches in circumference or more (24 inches or more in diameter).

(Ord. No. NS-1203.107, § 1, 2-11-97; Ord. No. NS-1200.302, § 4, 12-18-01)

Sec. C16-3. - Administrative permit/encroachment for tree removal required.

Except as otherwise provided below in Section C16-4 of this division, it shall be unlawful for any person to remove any protected tree on any private or public property in designated areas of the County without having first obtained an administrative permit [(a) through (e) below] from the County Planning Office or an encroachment permit [(f) below] from the Department of Roads and Airports. Requirements for obtaining a use permit or special permit are outlined in Section C16-5 and Section C16-6 below.

A protected tree shall consist of any of the following:

(a)

Any tree having a main trunk or stem measuring 37.7 inches or greater in circumference (12 inches or more in diameter) at a height of 4½ feet above ground level, or in the case of multi-trunk trees a total of 75.4 inches in circumference (24 inches or more of the diameter) of all trunks in the following areas of the County:

(1)

Parcels zoned "Hillsides" (three acres or less);

(2)

Parcels within a "-d" (Design Review) combining zoning district;

(3)

Parcels within the Los Gatos Hillside Specific Plan Area.

(b)

Any tree within the "-h1" Historic Preservation zoning district for New Almaden having a main trunk or stem measuring six inches or more in diameter (18.8 inches or greater in circumference) at a height of 4.5 feet above ground level, or in the case of multi-trunk trees, a total of 12 inches in diameter (37.7 inches in circumference) of all trunks at 4.5 feet above ground. For parcels having a base zoning district of "HS, Hillside" within the "-h1" combining zoning district, this provision supersedes C16-3(a)(1).

(c)

Any heritage tree, as that term is defined in Section C16-2.

(d)

Any tree required to be planted as a replacement for an unlawfully removed tree, pursuant to Section C1617(e) of this division.

(e)

Any tree that was required to be planted or retained by the conditions of approval for any use permit, building site approval, grading permit, architectural and site approval (ASA), design review, special permit or subdivision.

(f)

On any property owned or leased by the County, any tree which measures over 37.7 inches in circumference (12 inches or more in diameter) measured 4.5 feet above the ground, or which exceeds 20 feet in height.

(g)

Any tree, regardless of size, within road rights-of-way and easements of the County, whether within or without the unincorporated territory of the County.

(Ord. No. NS-1203.107, § 1, 2-11-97; Ord. No. NS-1200.302, § 5, 12-18-01)

Sec. C16-4. - Exceptions.

Except in the case of heritage trees, no permit shall be required from the Planning Office for the cutting, removal, destruction, or pruning of a tree in the following circumstances:

(a)

The tree is (1) irreversibly diseased, is dead, or is dying (a determination by a licensed arborist, tree surgeon, or forester may be required to verify that a tree is diseased or dying); or (2) the tree is substantially damaged from natural causes. A tree shall be found to be substantially damaged when one-third or more of the tree has been destroyed or must be removed.

(b)

Tree cutting to remove a hazard to life and personal property as determined by the Planning Director, or his or her designee. In the case of an emergency or dangerous condition of a tree requiring immediate action for the safety of life or property, such necessary action may be taken to remove the tree or otherwise reduce or eliminate the hazard without complying with the other provisions of this part, except that the person responsible for the cutting or removal of the trees shall report such action to the Planning Director or his or her designee within five working days thereafter.

It shall be the responsibility of the property owner or other person responsible for removing the tree to demonstrate that any tree removed without a permit was irreversibly diseased, substantially damaged, or presented an imminent danger to human life or safety or to property. Credible evidence shall include, but

shall not be limited to, a photograph, video, or written opinion of an arborist, forester, or other expert qualified to render such an opinion. Such reports are to be obtained at the expense of the applicant. If possible, request verbal permission from the Planning Director or his or her designee before taking any action. Note: In the case of a road right-of-way, refer to the Road Commissioner or his or her designee.

(c)

Trees planted, grown and/or held for sale by licensed nurseries and/or tree farms or the removal or transplanting of such trees pursuant to the operation of a licensed nursery and/or tree farm.

(d)

Trees in the active production of agriculture or orchard production, where there is no active plan to convert the property to another use.

(e)

Tree removal necessary to carry out building site approval or other land use application approved by the County. However, no removal shall be permitted until such grading or building permit has been issued by the County as indicated on approved plans. The number of trees cut may not exceed the minimum number necessary to carry out the permitted action.

(f)

Maintenance work within public utility easements.

(g)

Trees removed or pruned as part of maintenance of County parks under established policies and procedures of the Parks and Recreation Department.

(h)

Trees removed or pruned as part of maintenance of County right-of-way under established policies and procedures of the Department of Roads and Airports.

(i)

Trees removed on properties with a comprehensive vegetative management program approved by the County.

(Ord. No. NS-1203.107, § 1, 2-11-97)

Sec. C16-5. - Tree removal in the Agricultural Ranchlands (AR) zoning district.

(a)

Matter of right. Hardwood tree cutting for firewood, including for sale provided that:

(1)

The following cord limitations apply:

a.

No more than ten cords per year shall be cut on parcels 100 acres or less.

b.

No more than 25 cords per year shall be cut on parcels between 100 acres and 300 acres.

c.

No more than 50 cords per year shall be cut on parcels between 300 acres and 600 acres.

d.

No more than 100 cords per year shall be cut on parcels over 600 acres.

(2)

No more than ten percent of the trees on a parcel shall be clear cut in any one year.

(3)

No more than ten percent of the trees over 37.7 inches in circumference may be cut in any one year on any parcel.

(b)

Special permit. Hardwood tree cutting for firewood, including for sale; when the requirements of Section C16-4(a)(1) are exceeded the following cord limitations shall apply:

(1)

No more than 20 cords per year may be cut on any parcel of 100 acres or less.

(2)

No more than 50 cords per year may be cut on any parcel between 100 and 300 acres.

(3)

No more than 100 cords per year may be cut on any parcel between 300 and 600 acres.

(4)

No more than 200 cords per year may be cut on any parcel over 600 acres.

A written statement shall be provided indicating the location of the operation and describing the operation and, if necessary, mitigation measures to control excessive erosion.

Specific findings:

(1)

Adequate erosion control measures are provided.

(2)

Only chain saws, pickups, small trucks (2T) and splitters shall be used.

(c)

Use permit. Hardwood tree cutting for firewood, including for sale, when the following cord limitations are exceeded:

(1)

Over 20 cords per year on any parcel of 100 acres or less.

(2)

Over 50 cords per year on any parcel between 100 and 300 acres.

(3)

Over 100 cords per year on any parcel between 300 and 600 acres.

(4)

Over 200 cords per year on any parcel over 600 acres.

A harvesting program shall be provided, including necessary maps and a description of the operation and, if necessary, mitigation measures to control excessive erosion.

(Ord. No. NS-1203.107, § 1, 2-11-97)

Sec. C16-6. - Tree removal in the Hillsides (HS) zoning district.

(a)

Matter of right. Except for parcels within the "-h1, New Almaden Historic Preservation zoning district," the following provisions shall apply: Parcels greater than three acres: Tree removal provided the yield is not more than ten percent of trees over 37.7 inches circumference (12 inches or more in diameter) measured 4.5 feet above the ground per year on any parcel, together with contiguous parcels under the same ownership. No more than ten cords of wood per year shall be cut on parcels of 100 acres or less, and no more than 25 cords per year shall be cut on parcels larger than 100 acres.

Note: Cutting of "commercial" tree species (as defined in Section C16-2) may require a permit from the California Department of Forestry and Fire Protection (CDF). Prior to cutting, it shall be the property owner's responsibility to obtain any necessary permit(s) or notice of exemption from CDF.

(b)

Use permit. Removal of more than ten percent of trees over 37.7 inches circumference (12 inches or more in diameter) measured 4.5 feet above the ground per year on any parcel, together with contiguous parcels under the same ownership; cutting of trees for wood in an amount more than ten cords per year on any parcel of 100 acres or less or more than 25 cords per year on any parcel larger than 100 acres. In no case shall yield exceed 100 cords of wood per year on any parcel and contiguous parcels under the same ownership.

Specific findings:

(1)

The use shall not create noise, water pollution or traffic congestion adversely affecting the neighborhood.

(2)

The applicant has submitted a plan showing that good harvesting practices will be used.

(3)

The applicant has obtained any necessary permit(s) or notice of exemption from the California Department of Forestry and Fire Protection for such cutting.

(c)

Commercial timber harvest plans. Tree cutting as part of commercial timber harvest plans shall be conducted in accordance with the state forest practice rules, as administered by the California Department of Forestry and Fire Protection.

(Ord. No. NS-1203.107, § 1, 2-11-97; Ord. No. NS-1200.302, § 6, 12-18-01)

Sec. C16-7. - Permit applications.

Any person desiring to remove any tree regulated herein shall file an application with the County Planning Office for an administrative permit not less than ten days prior to the date of such planned removal. In the case of heritage trees, such application must be made not less than 90 days prior to the date of the planned removal, following the hearing procedures set forth in Section C16-12 and Section C16-13 below. Any application for a special permit or use permit for tree cutting shall be filed in accordance with procedures set forth in Chapters 5.60 and 5.65 of the County Zoning Ordinance. Removal of any tree, regardless of size, located within a County road right-of-way shall require an encroachment permit from the Department of Roads and Airports not less than 60 days prior to planned removal.

Any permit application to remove a tree having a main trunk or stem measuring 37.7 inches or greater in circumference (12 inches or more in diameter) at a height of 4.5 feet above ground level located within the Los Gatos Hillside Specific Plan, as indicated in Section 5.50.070 of the County Zoning Ordinance, shall be reviewed by both the Town of Los Gatos and the County.

In addition to standard information required as part of all applications for administrative permits, special permits, use permits or encroachment permits, the following information shall be included in such applications for tree removal:

(a)

A brief statement of the reasons for removal of the tree.

(b)

A photograph of the tree(s) proposed for removal.

(c)

A description of the method to be used in the removal of the tree(s). Applicant should demonstrate that good harvesting practices will be used.

(d)

A tree survey (map) with the accurate location, number, species, size (diameter measured 4.5 feet above ground, approximate height, and approximate canopy diameter), general health, and approximate age, if known, of the tree or trees in question.

(e)

A replanting and/or re-vegetation plan for all trees to be removed. Replacement trees shall be of a like kind and species of tree removed, if native and feasible, or of a kind and species to be determined by the

Planning Department. The location of the replacement tree(s) need not be in the same location of the tree removed. Replacement tree planting shall utilize at least five-gallon size stock. The ratio of trees removed to trees planted shall be determined by the Planning Department. An erosion control plan may also be required where deemed appropriate by County staff.

(f)

Any other pertinent information, such as property lines, names of the streets fronting the property and edge of the County road right-of-way.

(Ord. No. NS-1203.107, § 1, 2-11-97; Ord. No. NS-1200.318, § 30, 3-28-06)

Sec. C16-8. - Fees.

The application for a special permit or use permit for tree removal shall be accompanied by a fee, as set by ordinance by the Board of Supervisors. No fee shall be assessed for an administrative permit for tree removal. No amendment of this section to provide for a fee for an administrative permit for tree removal may be approved without the consideration of the Board of Supervisors of all provisions of this Division C16 of the County Ordinance Code.

(Ord. No. NS-1203.107, § 1, 2-11-97)

Sec. C16-9. - Display of permit/notice to neighbors.

For all unincorporated parcels, the approved tree removal permit shall be posted on the site a minimum of seven calendar days prior to actual tree removal operations and shall be available to any person for inspection. The issued permit shall be posted in a conspicuous place at eye level at a point near the closest street or roadway. It shall be the property owners responsibility to see that adjoining property owners also receive a copy of said tree removal permit a minimum of seven calendar days prior to actual tree removal operations. Removal of the subject tree(s) shall be allowed to take place at the end of the seven-day noticing period if no written objection to the issuance of the permit has been received by planning staff.

Noticing for a special permit or use permit shall take place in accordance with procedures set forth in Section 5.20.110 of the Zoning Ordinance.

(Ord. No. NS-1203.107, § 1, 2-11-97; Ord. No. NS-1200.318, § 31, 3-28-06)

Sec. C16-10. - Appeals.

Any person who disagrees with an action of the Planning Office with respect to an application for a tree removal permit may appeal to the County Planning Commission. A written notice of appeal shall be filed with the Planning Office within seven days of such action. Upon the acceptance and filing of the notice of appeal, the Planning Director shall set a date of public hearing thereon by the Planning Commission. Such hearing shall take place no more than 30 days after the date of filing of the appeal, or the first meeting date of the Planning Commission thereafter, whichever comes later. The Planning Director shall give written notice of the hearing to the appellant (if not the applicant) and to the applicant. The Planning Commission shall hear all matters on appeal de novo and shall take action within a reasonable time after the conclusion of the hearing.

(Ord. No. NS-1203.107, § 1, 2-11-97)

Sec. C16-11. - Criteria for permit approval.

The Planning Office or any other person or body charged with determining whether to grant, conditionally grant or deny an administrative permit, special permit, use permit, or encroachment permit for tree removal shall take into account the following factors in determining what action to take upon the permit application:

(a)

The condition of the tree with respect to disease or damage, imminent danger to human life or safety, imminent danger to property, proximity to existing or proposed structures, and interference with utility services where the problem cannot be corrected by pruning.

(b)

The potential impact the removed tree or trees may have upon adjacent trees (i.e. increased windthrow). Where appropriate, removal may necessitate an assessment of potential impacts upon adjacent trees by a certified arborist or forester, along with the development of mitigations to lessen such impacts.

(c)

The required action is necessary to allow reasonable economic or other enjoyment of the property.

(d)

The topography of the land and the effect of the proposed tree removal upon erosion, soil retention, and the diversion or increased flow of sediment.

(e)

The number, species, size, and location of existing trees in the area, and the effect the proposed removal would have upon shade, privacy impact, scenic beauty, and property values of the area.

(f)

The historical significance of the tree to the community.

(g)

The tree is a detrimental/undesirable species for park strip planting. Included are: Lombardy Poplar, palm tree (in a "non-palm" tree area), Silk Oak, Fruitless Mulberry, Siberian Elm, female Ginkgo, Liquidambar, Eucalyptus, fruit bearing and Monterey Pine.

(h)

The tree has caused repeated sewer/sidewalk damage and created a sewer/sidewalk problem that cannot be resolved by any other means.

(i)

Removal of the tree would benefit roadway usage, i.e. road widening, sidewalk installation, etc., as determined by Department of Roads and Airports staff.

(Ord. No. NS-1203.107, § 1, 2-11-97)

Sec. C16-12. - Heritage trees.

Any tree which, because of its history, girth, height, species, or other unique quality, has been recommended by the Historical Heritage Commission (HHC) and found by the Board of Supervisors to have a special significance to the community shall be designated a heritage tree. Such trees shall be listed individually on the heritage resource inventory, adopted by resolution of the Board of Supervisors. Such resolution may be amended as necessary to add or delete trees from the inventory.

(a)

Any person, including the property owner, as well as the Board of Supervisors and the HHC, may nominate a tree for inclusion on the heritage resource inventory.

(b)

When a tree has been nominated for addition to the heritage resource inventory, a public hearing shall be held before the HHC. Notice of the hearing shall be sent to the owner of the property on which the tree is located at least ten days prior to the date of such hearing.

(c)

The HHC shall conduct a hearing on the issue of placement of a tree on the heritage resource inventory. Any person may present evidence on the issue. The HHC shall make findings supporting its recommendation to the Board of Supervisors to include a tree or trees on the heritage resource inventory.

(d)

The Board of Supervisors shall conduct a hearing on the recommendation of the HHC to place a tree or trees on the heritage resource inventory. Notice of hearing shall be sent to the owner of the parcel upon which the tree is located. Evidence may be presented by any person. Notice of action on the recommendation shall be given to the owner of the parcel on which the tree is located.

(Ord. No. NS-1203.107, § 1, 2-11-97; Ord. No. NS-1200.302, § 7, 12-18-01)

Sec. C16-13. - Removal of heritage trees.

Where the tree in question has been designated as a heritage tree, all applications for a tree removal permit shall be forwarded to the County Historical Heritage Commission (HHC) by the Planning Office. A site visit may be conducted by representatives of the HHC and a written opinion from an arborist, forester, or other expert may be required to evaluate the status of the tree. Such reports shall be obtained at the expense of the applicant.

A public hearing shall be conducted, notice of which must be given by the HHC to the owner of the property on which the tree is located, as well as all other persons residing within 300 feet of the subject property, not less than seven days prior to the date of such hearing. Following the hearing, the Commission shall make a recommendation to the Board of Supervisors as to whether to grant, conditionally grant, or deny the application for tree removal permit. The Board of Supervisors shall then adopt or reject the recommendation of the Commission by resolution, unless the applicant elects to withdraw his or her application following the recommendation of the Historical Heritage Commission that such application be

denied. The decision of the Board of Supervisors shall be forwarded to the Planning Office for issuance of the final permit. The determination of the Board of Supervisors shall be final.

(Ord. No. NS-1203.107, § 1, 2-11-97)

Sec. C16-14. - Expiration of permit.

If work authorized by an approved tree removal permit has not commenced within one year from the date of approval of such permit, the permit shall be considered void.

(Ord. No. NS-1203.107, § 1, 2-11-97)

Sec. C16-15. - Removal of debris.

Upon completion of tree removal, it shall be the property owner's responsibility to assure that surface fuels created by tree cutting operations which could promote the spread of wildfire, including logging slash and debris, deadwood, branches exceeding one inch in diameter, and brush, shall be chipped or removed within 14 days of completion of all work.

(Ord. No. NS-1203.107, § 1, 2-11-97)

Sec. C16-16. - Liability disclaimer.

The County hereby disclaims liability for any personal injury or property damage caused by trees on private property. Nothing in this article shall be deemed to relieve the owner or occupant of any private property from the duty to keep in safe condition any tree upon his or her property.

(Ord. No. NS-1203.107, § 1, 2-11-97)

Sec. C16-17. - Penalties and remedies.

Any violation of the provisions of this chapter is hereby declared to be unlawful and shall constitute a public nuisance and/or a misdemeanor, subject to the following civil and/or criminal penalties and remedies:

(a)

Any person violating the provisions of this chapter shall incur a civil penalty in the amount of $5,000.00 per individual tree cut, destroyed, killed, removed, or adversely pruned. Such civil action shall be brought in the name of the County of Santa Clara by the office of County Counsel.

(b)

In addition to any civil penalty, any person who engages in the removal or adverse pruning of a tree without a permit or failure to comply with the noticing requirements set forth in Section C16-9 is guilty of a misdemeanor, punishable by a fine not to exceed $1,000.00 and/or six months in the County jail, and for restitution. Such criminal action shall be brought in the name of the County of Santa Clara by the office of the District Attorney.

(c)

Any person violating the provisions of Section C16-11 of this chapter, relating to heritage trees, shall incur a civil penalty in an amount from $10,000.00 to $200,000.00 per heritage tree thus cut, destroyed, killed, removed, or adversely pruned. The amount of the fine shall take into account whether the removal was intentional and whether the trees were rare, ancient, of exceptional size or age, or of exceptional historical significance to the community. Such action shall be brought in the name of the County of Santa Clara by the office of County Counsel. In addition to any civil penalty, any person violating the provisions of Section C16-11 of this division shall incur a criminal penalty in an amount from $10,000.00 to $200,000.00 per heritage tree thus cut, destroyed, killed, removed, or adversely pruned.

(d)

In addition to any other remedy, the County of Santa Clara may seek to enjoin such unlawful activity, immediately upon receiving notification that any person is engaged in the act of removing or pruning a tree in violation of this chapter. The cost of such injunction shall become a lien on the property where such unlawful activity took place.

(e)

In addition to any other applicable penalties, any person unlawfully removing or pruning a tree without a permit may be required to replace the unlawfully removed tree with ten trees of a like kind and species where feasible, or of a kind and species to be determined by the Planning Department.

(f)

Any person obtaining a permit to remove any tree subject to the provisions of this article through the intentional use of misinformation or by intentionally providing misinformation to the Planning Department shall be in violation of this chapter and shall incur the criminal and/or civil penalties provided for in Subsections (a) through (e) above.

(g)

All civil and criminal penalties and restitution assessed and collected pursuant to Subsections (b) and (c) shall be placed in a tree preservation fund, to be used for planting trees anywhere in the unincorporated areas of the County of Santa Clara. The tree preservation fund will be administered by the County of Santa Clara or its designee.

(Ord. No. NS-1203.107, § 1, 2-11-97)

Division C17 - HISTORIC PRESERVATION ARTICLE I. - INTRODUCTION

Sec. C17-1. - Title of chapter.

This chapter shall be known as the Historic Preservation Ordinance of the County of Santa Clara.

(Ord. No. NS-1100.96, 10-17-06)

Sec. C17-2. - Purpose and intent.

The Historical Preservation Ordinance is adopted for the preservation, protection, enhancement, and perpetuation of resources of architectural, historical, and cultural merit within Santa Clara County and to benefit the social and cultural enrichment, and general welfare of the people. The purpose of this chapter is to:

A.

Identify, protect, preserve, and enhance historic resources (as defined in Section C17-3(J) below) representing distinctive elements of the cultural, social, economic, political, and architectural history of Santa Clara County;

B.

Provide a mechanism to compile, update and maintain the heritage resource inventory;

C.

Enhance the visual identity of Santa Clara County by maintaining the scale and character of historic resources and their settings, and integrating the preservation of historic resources into public and private development;

D.

Encourage, through public and private action and collaboration with other organizations, the maintenance and rehabilitation of historic resources;

E.

Promote public knowledge, participation, understanding, and appreciation of Santa Clara County's rich history and sense of place;

F.

Foster civic pride and a sense of identity based upon the recognition and use of Santa Clara County's historic resources;

G.

Protect and enhance Santa Clara County's attraction to tourists and visitors thereby stimulating business and industry;

H.

Promote awareness of the economic, social and cultural benefits of historic preservation in collaboration with other organizations;

I.

Provide for consistency with state and federal preservation standards, criteria, and practices; and

J.

Make available incentive opportunities to preserve Santa Clara County's historic resources as provided in Article V.

(Ord. No. NS-1100.96, 10-17-06)

Sec. C17-3. - Definitions.

For the purposes of this chapter, the following words and phrases have the meanings ascribed to them in this section, unless the context or the provision clearly requires otherwise:

A.

Alteration means any work, other than demolition or preventative maintenance, affecting the exterior appearance of significant historical or architectural features, or the historic context of a designated landmark, including, but not limited to, exterior changes, additions, new construction, grading and relocation.

B.

Building (as applied in the context of this chapter) means any construction, such as a house, garage or barn, created to shelter any form of human activity. Building may also refer to a historically related complex, such as a house and a barn.

C.

Demolition means the act or process that partially or completely destroys, or dismantles a landmark or historic resource.

D.

Evaluation means the process by which the significance and integrity of a building, structure, object, or site is judged by an individual who meets the professional qualification standards published by the National Park Service in the Federal Register (Code of Federal Regulation, 36 CFR Part 61), as determined by the State Office of Historic Preservation, using the designation criteria outlined in Article II of this Chapter, Chapter 3.50 of the Zoning Ordinance or Division C16 of the County Code.

E.

Feature means elements embodying the historical significance or architectural style, design, general arrangement and components of all of the exterior surfaces of any landmark or historic resource, including, but not limited to, the type of building materials, and type and style of windows, doors, or other elements related to such landmark or historic resource.

F.

-h Historic Preservation Combining District means an area of historic and architectural significance, and of special character or aesthetic interest to Santa Clara County and designated as a Combining Zoning District according to the procedures and criteria outlined in Chapter 3.50 of the Zoning Ordinance.

G.

HHC means the Santa Clara County Historical Heritage Commission established pursuant to Chapter V of Division A6 of the County Ordinance Code.

H.

Heritage resource inventory means a compilation of historic resources located in unincorporated Santa Clara County which are listed in federal or state registers or have been designated as a Landmark pursuant to this Chapter, a -h Historic Preservation Combining District pursuant to Chapter 3.50 of the Zoning Ordinance, or a heritage tree pursuant to Division C16 of the Santa Clara County Ordinance Code, or that potentially meet the designation criteria outlined in Article II of this Chapter, Chapter 3.50 of the Zoning Ordinance or Division C16 of the County Code. This definition does not prevent the County from exercising jurisdiction in the event of proposed annexation.

I.

Heritage tree means a tree designated as a heritage tree pursuant to Division C16 of the County Ordinance Code.

J.

Historic resource means any evaluated building, structure, object, or site that potentially meets the designation criteria outlined in Article II of this chapter, Chapter 3.50 of the Zoning Ordinance or Division C16 of the County Code, or that is listed in a federal or state register.

K.

Historic resources survey means a) the process of systematically identifying, researching, photographing, and documenting historic resources within a defined geographic area, and b) the resulting list of evaluated properties that may be consulted for future designation. All surveys shall be conducted in accordance with the Secretary of the Interior's Standards and Guidelines for Identification and Evaluation, as may be amended.

L.

Integrity means the authenticity of a resource's historic identity, evidenced by the survival of physical characteristics that existed during the resource's historic or prehistoric period.

M.

Landmark means a historic resource designated as a landmark by the County of Santa Clara pursuant to the provisions of Article III of this chapter.

N.

Landmark alteration permit means a permit approving an alteration to or demolition of a landmark, or demolition of a historic resource listed in the heritage resource inventory pursuant to the provisions of this chapter.

O.

Mills Act means California Government Code Sections 50280 et seq., as it may be amended.

P.

National Register of Historic Places means the official inventory of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, and culture which is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq., 36 C.F.R. Sections 60, 63).

Q.

Non-contributing means a feature, addition or building, structure, object or site which does not add to the sense of historical authenticity or evolution of an historic resource or landmark or where the location, design, setting, materials, workmanship, history, and/or association of the feature, addition or building, structure, object or site has been so altered or deteriorated that the overall integrity of that historic resource or landmark has been irretrievably lost.

R.

Object (as applied in the context of this chapter) means a construction, such as a statue, monument or milepost that may be, by nature of design, moveable yet related to a specific setting or environment.

S.

Owner means the person(s) whose name appears as the owner of a property on the last tax assessment roll of Santa Clara County.

T.

Preventative maintenance means any work to prevent deterioration or damage to the structural integrity or any exterior feature of a landmark or historic resource that does not involve a change in design, material or exterior appearance. Such work includes, but is not limited to, painting, roof repair, foundation or chimney work, or landscape maintenance.

U.

Qualified historical building or property for the purposes of the State Historical Building Code means any building, site structure, object, district or collection of structures, and their associated sites, deemed of importance to the history, architecture or culture of an area by an appropriate local, state or federal government jurisdiction. This shall include designated buildings or properties on, or determined to be eligible for, official national, state or local historical registers or official inventories such as the National Register of Historic Places, California Register of Historical Resources, State Historic Landmarks, State Points of Historical Interest, and officially adopted county registers, inventories, or surveys of historical or architecturally significant sites, places or landmarks.

V.

Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings means the illustrated version of the Standards and Guidelines for Rehabilitation developed by the

Technical Preservation Services Branch, Preservation Assistance Division of the National Park Service, as it may be amended.

W.

Secretary of the Interior's Standards for the Treatment of Historic Properties means principles developed by the National Park Service (36 C.F.R. 68.3, as it may be amended from time to time) to help protect historic properties by promoting consistent preservation practices and providing guidance to historic building owners and building managers, preservation consultants, architects, contractors, and project reviewers on how to approach the treatment of historic properties. The Secretary of the Interior Standards for the Treatment of Historic Properties may also be referred to in this chapter as "Secretary of the Interior's Standards."

X.

Site (as applied in the context of this chapter) means the location of a significant event, a prehistoric or historic occupation or activity, building or structure, whether standing, ruined or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing buildings, structures or objects. Examples of a site are a battlefield, designed landscape, trail, or camp site.

Y.

State Historical Building Code means California Code of Regulations, Part 8 of Title 24 (California Building Standards Code), as it may be amended.

Z.

Structure (as applied in the context of this chapter) means a functional, man-made construction, such as, but not limited to, a fence, bridge, water tank tower, or tunnel, typically made for purposes other than creating shelter.

(Ord. No. NS-1100.96, 10-17-06)

Sec. C17-4. - Heritage resource inventory.

A.

In order to help carry out the goals and policies of the County's General Plan, and in particular, to further the purposes of this chapter, an inventory of historic resources and designated Landmarks shall be maintained. This inventory shall be known as the heritage resource inventory. The heritage resource inventory shall serve as a resource document which can be added to and used as a foundation for the future designation of landmarks, heritage trees and -h Historic Preservation Combining Districts, and evaluating proposed development of historic resources identified therein.

B.

Historic resource surveys shall be conducted by the County in accordance with the Secretary of the Interior's Standards and Guidelines for Identification and Evaluation, as may be amended. In order to identify and evaluate the significance of a building, structure, site or object the following information is

documented: 1) description of the property's physical appearance, 2) assessment of its historic, architectural, or archeological integrity; 3) statement of its significance, 4) map with clearly delineated boundaries, and 5) photographs. The survey results in a list of evaluated properties that may be consulted for future designation. The survey process shall involve public participation and the evaluation results shall be made available to the public.

C.

Historic resources evaluated in a historic resource survey that potentially meet the designation criteria outlined in Article II of this Chapter, Chapter 3.50 of the Zoning Ordinance or Division C16 of the County Code or listed in federal or state registers may be added to the heritage resource inventory by the Board of Supervisors with consideration of a recommendation by the HHC. Notice shall be provided by mail to the property owner and occupant of the subject historic resource at least 30 days prior to the scheduled HHC and Board of Supervisors meetings, in accordance with all applicable laws. Notice shall include the date, time and place of the meeting, a general explanation of the proposed listing to be considered, and a general description of the property location.

D.

The heritage resource inventory shall be kept on file in the Department of Planning and Development and reviewed every five years, and revised if necessary, to ensure that the document remains up to date according to current preservation planning practice.

(Ord. No. NS-1100.96, 10-17-06)

ARTICLE II. - LANDMARK DESIGNATION

Sec. C17-5. - Designation criteria.

For the purposes of this Chapter, the Board of Supervisors may designate those historic resources as "landmarks" which meet the following designation criteria:

A.

Fifty years or older. If less than 50 years old, sufficient time must have passed to obtain a scholarly perspective on the events or individuals associated with the historic resource and/or the historic resource is a distinctive or important example of its type or style; and

B.

Retains historic integrity. If a historic resource was moved to prevent demolition at its former location, it may still be considered eligible if the new location is compatible with the original character of the property; and

C.

Meets one or more of the following criteria of significance:

Associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States;

2.

Associated with the lives of persons important to local, California or national history;

3.

Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values; or

4.

Yielded or has the potential to yield information important to the pre-history or history of the local area, California, or the nation.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

Sec. C17-6. - Initiation of designation.

A.

Designation may be initiated by any of the following parties:

1.

Owner(s) of the historic resource proposed for designation or authorized representative of the owner; or

2.

Historical Heritage Commission; or

3.

Board of Supervisors.

B.

If designation is initiated by the owner, an application for designation shall be made to the Department of Planning and Development through submittal of the prescribed application form accompanied by a nonrefundable filing fee as set forth in the schedule of fees established by resolution of the Board of Supervisors and supporting documentation including, but not limited to, State of California DPR 523 series forms or other historic resource inventory forms as may be approved by the State. Such documentation must be prepared by an individual who meets the professional qualification standards published by the National Park Service in the Federal Register (Code of Federal Regulation, 36 CFR Part 61), as determined by the State Office of Historic Preservation. At the time of submission of the application for landmark designation, the owner must provide written consent to the designation on a form supplied by the County.

C.

If the application is determined to be incomplete, it shall be returned to the applicant and the applicant requested to submit the documentation necessary to complete the application. No additional filing fee will be required.

D.

The application shall indicate the parameters of the historic resource that is being nominated, specifying any related structures or landscape that is to be included for consideration.

E.

If designation is initiated by the HHC or Board of Supervisors, such designation must be by motion or resolution passed at a noticed public meeting based upon findings that the same documentation required for an owner-initiated designation has been prepared, the documentation is complete, and the historic resource potentially meets the requirements as a Landmark pursuant to this Chapter. The Department of Planning and Development or Clerk of the Board of Supervisors shall notify the owner and the occupants of property by certified mail 30 days prior to the HHC or Board of Supervisors meeting regarding initiation of designation and shall request written consent for landmark designation from the owner on a form supplied by the County.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

Sec. C17-7. - Approval of permits when designation is pending.

Except as provided in Section C17-30 of this Chapter, no permit for the alteration or demolition of any historic resource for which a completed owner-initiated application for Landmark designation has been accepted by the Department of Planning and Development, or for which the HHC or Board has initiated designation by motion or resolution pursuant to this Chapter shall be issued unless and until a landmark alteration permit is issued pursuant to the procedures set forth in Article III.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

Sec. C17-8. - Notice of public hearing.

Any public notice of a hearing required by this chapter shall be provided at least ten days prior to the scheduled hearing, in accordance with all applicable state laws. Notice shall include the date, time and place of the hearing, a general explanation of the matter to be considered, and a general description (text or diagram) of the property location. Notice shall be mailed or delivered to the following:

A.

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

B.

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

C.

The owners and occupants of all real property located within 300 feet of the subject property boundaries at the address 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 shall be extended to include the 24 closest property owners and occupants of said properties.

If designation is initiated by the HHC or Board of Supervisors, notice shall be sent by certified mail to all owners and occupants of the subject property(s) at the address shown on the most current property tax roll of Santa Clara County. Such notice shall be in addition to the requirements outlined in subsections A, B and C above.

The County may in its discretion provide additional notice beyond that specified in this section.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

Sec. C17-9. - Historical Heritage Commission public hearing.

A.

A hearing on the application for designation shall be scheduled and a recommendation by the HHC to the Board of Supervisors shall be made within 60 days of the date that the application is determined to be complete, or within 60 days of the date that the HHC or Board of Supervisors initiated the proposed designation. If the HHC cannot act within the timeframe, the owner may request that the proposed designation be transmitted directly to the Board of Supervisors for its determination.

B.

Notice of the public hearing shall be provided pursuant to Section C17-8.

C.

A staff report concerning the historic resource proposed for designation shall be provided to the HHC. Any appropriate historical society, individual who may have special knowledge about the historic resource that is the subject of the application under consideration (including the owner), and/or any public agency may be consulted to assist in the preparation of the report. The report shall address the significance and integrity of the historic resource as it relates to the designation criteria, provide other relevant information, and include a recommendation concerning the application and the basis therefore. The staff report shall also state whether the owner of the property supports or objects to the proposed designation.

D.

The HHC shall conduct a public hearing and consider any evidence or input offered at the hearing. Reasonable opportunity shall be provided for interested parties to express their opinions regarding the proposed designation; however, nothing contained herein shall be construed to prevent the HHC from establishing reasonable rules to govern the proceedings of the hearing(s), or from establishing reasonable limits on the length of individual presentations.

E.

The HHC shall recommend to the Board of Supervisors approval, modification or denial of the designation proposal. No proposal may be extended beyond the boundaries of the land described in the owner-initiated application for designation or described by the documentation provided to the HHC or the Board of Supervisors if designation was initiated by the HHC or the Board, unless the preliminary determination and hearing procedure is repeated for the enlarged boundaries. Any recommendation by the HHC shall be supported by substantial evidence that the historic resource meets the Landmark designation criteria set forth in Section C17-5 and the minutes shall reflect the factual basis upon which the recommendation was made. The HHC shall also report to the Board of Supervisors whether the owner has provided written consent to designate the historic resource a landmark. If ownership of the historic resource changes prior to the HHC hearing, the old or new owner shall notify the County of the change and the new owner shall submit a copy of the recorded deed to the Department of Planning and Development and must provide written consent to the proposed landmark designation on a form supplied by the County prior to the action of the HHC at the public hearing. The County shall contact the owner at least seven days before the HHC hearing to verify that no change in ownership has occurred.

F.

A transmittal setting forth the findings and recommendation of the HHC shall be prepared and submitted to the Board of Supervisors for consideration. The HHC's records shall include a record of the public hearing speakers.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

Sec. C17-10. - Board of Supervisors public hearing.

A.

Within 30 days of receipt of the transmittal by the Clerk of the Board of Supervisors, or as soon thereafter [as] is practicable, a hearing shall be set by the Clerk of the Board and held by the Board of Supervisors.

B.

Notice of the public hearing shall be provided pursuant to Section C17-8. The Board of Supervisors may give such other notice as it deems appropriate or desirable.

C.

The Board of Supervisors shall conduct a public hearing on the proposed landmark designation. The Board of Supervisors shall consider the recommendation of the HHC, open the public hearing, receive written and oral testimony, close the public hearing, and deliberate on the question of whether the landmark designation should be approved or denied. If ownership of the historic resource changes after the HHC hearing, the old or new owner shall notify the County of the change and the new owner shall submit a copy of the recorded deed to the Clerk of the Board of Supervisors and provide written consent to the proposed landmark designation on a form supplied by the County prior to the action of the Board of Supervisors at the public hearing. The County shall conduct an independent check on deed records at least seven days before the Board of Supervisors hearing to verify that no change in ownership has occurred.

D.

At the conclusion of the public hearing, the Board of Supervisors shall adopt, modify or deny the recommended landmark designation. The historic resource shall not be designated a landmark pursuant to this Chapter if the owner does not provide written consent to the landmark designation prior to the action of the Board of Supervisors. Adoption of the designation, in whole, in part or as modified, shall be made by resolution which shall contain findings by the Board of Supervisors supported by substantial evidence that the landmark designated property satisfies the designation criteria set forth in this Chapter.

E.

A historic resource found by resolution to meet the landmark designation criteria shall thereafter be listed in the heritage resource inventory as a landmark and shall be subject to the provisions and entitled to pursue the incentives set forth in this Chapter.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

Sec. C17-11. - Notice of designation.

A.

Following adoption by the Board of Supervisors of the resolution designating the landmark, notice and a copy of the findings shall be sent by first class mail to the owner(s) and occupants of the designated landmark. Notice shall inform such owners and occupants that the designated landmark will be listed in the heritage resource inventory and subject to the provisions set forth in this chapter. Staff shall also notify the HHC and any agency or department of the County requesting such notice.

B.

A certified copy of the resolution designating the landmark, or notice of the designation, complete legal description of the landmark and citing of the resolution and effective date thereof shall be recorded in the records of the County Recorder. Failure to record with the County Recorder does not invalidate the requirements of this chapter.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

Sec. C17-12. - Designation repeal or amendment.

A.

Designation may be repealed or amended in the same manner and procedure as was followed in landmark designation. The action shall result from new information, the discovery of earlier misinformation or change of original circumstances, conditions or factors that justified the designation.

B.

Notice of the repeal or amendment shall be sent to the same persons or other parties as set forth in Section C17-8 and the resolution shall be repealed or amended accordingly.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.111, § 1, 3-2-10)

ARTICLE III. - LANDMARK ALTERATION PERMITS

Sec. C17-13. - Permit required.

This article sets forth the process of obtaining a landmark alteration permit for the purpose of authorizing proposed work on a designated landmark. A landmark alteration permit is required for any alteration to or demolition of a landmark. Approval of such work shall be required even if no other permits or entitlements are required by the County. The issuance of a landmark alteration permit is not required for preventative maintenance or interior work that does not affect the appearance of the exterior.

roposed work on a designated landmark. A landmark alteration permit is required for any alteration to or demolition of a landmark. Approval of such work shall be required even if no other permits or entitlements are required by the County. The issuance of a landmark alteration permit is not required for preventative maintenance or interior work that does not affect the appearance of the exterior.

A landmark alteration permit is also required when demolition is proposed for an undesignated historic resource listed in the heritage resource inventory, including all properties within a -h Historic Preservation Combining District, and determined to meet the criteria of significance for a Landmark or -h Historic Preservation Combining District, as prescribed in Article IV.

(Ord. No. NS-1100.96, 10-17-06)

Sec. C17-14. - Application.

The owner or authorized representative proposing alterations to or demolition of a designated landmark as described in this chapter shall file an application for a landmark alteration permit with the Department of Planning and Development on forms provided for such purpose. The application shall be accompanied by material required in application forms provided by the Department of Planning and Development and a nonrefundable filing fee as set forth in the schedule of fees established by resolution of the Board of Supervisors. As soon thereafter as practicable after the application is deemed complete, the application shall be forwarded to the HHC for its review and recommendation at a public hearing.

(Ord. No. NS-1100.96, 10-17-06)

Sec. C17-15. - Permit review procedures.

The HHC shall have the authority to recommend the approval, approval with conditions, or denial of a landmark alteration permit, except as provided for in Section C17-17. The required public notice of the HHC hearing on the review and recommendation of a landmark alteration permit shall be provided according to the provisions outlined in Section C17-8. At such hearing, the applicant and other interested parties shall have the right to present evidence regarding the application for the landmark alteration permit. The HHC may continue the public hearing until its next regular meeting or may defer action after closing the public hearing until its next regular meeting. Final action by the HHC shall not be deferred longer than 90 days after the date on which the public hearing on the landmark alteration permit was initially held.

A.

The HHC may recommend approval of the landmark alteration permit as requested, or recommend approval with changes which may be necessary to enable the applicant to meet the required permit findings, or it may recommend denial of the application. The recommendation of the HHC shall be in writing and shall state the findings of fact and reasons relied upon to reach the recommendation, and such recommendation shall be forwarded to the Department of Planning and Development.

B.

The department director shall act on the landmark alteration permit application within 15 days of the hearing at which the recommendation was made by the HHC. The decision of the department director shall be final unless appealed as provided for in Section C17-19. If the landmark alteration permit application is for property owned or leased by the County, the Board of Supervisors shall be the sole decision-making authority for the application and shall not be subject to any time limit to act on the application after the HHC makes its recommendation.

C.

A landmark alteration permit should not be denied if that denial would result in depriving the owner of all reasonable use of, or return on, the property. The applicant may apply for a determination of hardship as prescribed in Section C17-18.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.132, § 1, 10-20-20)

Sec. C17-16. - Permit findings.

In order to approve a landmark alteration permit, the department director or designee, or Board of Supervisors, shall make one or more of the following findings:

A.

The landmark alteration permit has been conditioned upon all alterations complying with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings, as the department director or designee, or Board of Supervisors, deems reasonably necessary to secure the purposes of this chapter, and with the California Historical Building Code and the California Health and Safety Code Section 18950 et seq., as amended, and applied to the project by the Building Official.

B.

The proposed alteration or demolition would not destroy or have a significant adverse effect on the integrity of the designated landmark, and the landmark will retain the essential elements that make it significant.

C.

In the case of any proposed alteration that includes detached new construction on the designated landmark site, the exterior features of such new construction would not have a significant adverse effect or be incompatible with the exterior features of the designated landmark.

D.

There is no feasible alternative that would avoid the significant adverse effect on the integrity of the designated landmark. The owner shall provide facts and substantial evidence demonstrating that there is no feasible alternative to the proposed alteration or demolition that would preserve the integrity of the designated landmark. In the case of demolition, up to a six-month waiting period may be imposed by the Board of Supervisors from the date of the HHC hearing at which the HHC recommendation was made.

If the department director or designee, or Board of Supervisors, cannot make one or more of the above findings, the landmark alteration permit may be denied.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.132, § 2, 10-20-20)

Sec. C17-17. - Small project review.

Applicants may obtain a landmark alteration permit by going through small project review if the proposed alteration or demolition is determined eligible for such review. After the application for small project review is deemed complete by the Department of Planning and Development, the department director or designee shall evaluate the application within ten working days to determine its eligibility for small project review which includes the following:

A.

Demolition or removal of non-contributing features, including, but not limited to, non-contributing additions, garages, accessory structures or incompatible, previously replaced windows, doors or siding material;

B.

Any undertaking that does not change exterior features, including but not limited to, re-roofing if the roofing material is compatible in appearance, color and profile to the existing or original roofing material;

C.

Replacement of windows and doors if the proposed replacements match the existing or original windows and doors;

D.

Addition less than 200 square feet proposed for side or rear elevations; and

E.

Any other undertaking determined by the department director or designee to not materially alter the features or have an adverse effect on the integrity of a landmark.

If the proposed alteration or demolition meets the small project review eligibility criteria and is deemed to be consistent with the Secretary of the Interior's Standards, the department director or designee may approve the landmark alteration permit and notify the HHC of such action. If a landmark alteration permit is granted under small project review, no public hearing shall be required.

If the proposed alteration or demolition does not meet the small project review eligibility criteria and/or is not consistent with the Secretary of the Interior's Standards, the department director or designee shall forward the application to the HHC for its review and recommendation according to the standard landmark alteration permit process.

(Ord. No. NS-1100.96, 10-17-06)

Sec. C17-18. - Determination of hardship.

A Determination of hardship application may be filed by an owner of a designated landmark where, in the owner's opinion, the owner has been denied, or will be denied, all reasonable use of, or return on, the subject property. Application shall be made to the Department of Planning and Development on forms provided for such purpose and shall be accompanied by a non-refundable filing fee as set forth in the schedule of fees established by resolution of the Board of Supervisors. The application shall be noticed and placed on the agenda of the Board of Supervisors for its determination in the same manner prescribed in Section C17-15. The applicant shall present facts and substantial evidence to support the request for a determination of hardship. Following consideration of relevant information and evidence concerning the application for determination of hardship, the Board of Supervisors may make one of the following findings:

A.

The property owner has been denied, all reasonable use of or return from the designated landmark or undesignated historic resource listed in the Heritage Resource Inventory as a direct result of the denial of the Landmark Alteration Permit. The Board of Supervisors may also recommend relevant conditions be placed on the issuance of the related permit. The department director or designee shall then issue a determination of hardship approving the proposed alteration or demolition, or approving the proposed alteration or demolition with conditions; or

B.

The property owner retains reasonable use of, or return from, the designated landmark or undesignated historic resource listed in the heritage resource inventory despite the denial of the proposed alteration or demolition.

Upon direction by the Board of Supervisors, the department director or designee shall grant, grant with conditions or deny the application for a determination of hardship and notify the applicant by mail of the determination.

(Ord. No. NS-1100.96, 10-17-06)

Sec. C17-19. - Appeal procedures.

Any interested person who is dissatisfied by the decision of the department director or designee may appeal the determination to the Board of Supervisors. Appeals shall be submitted in writing not more than 15 days following the date the action was taken by the department director or designee. Appeals shall be submitted to the department director or designee and shall specify the action being appealed and the grounds or reasons for the appeal. Minutes of the hearing, actions, records of the HHC, and all documents pertaining thereto shall be provided to the Department of Planning and Development. The appellant shall pay a nonrefundable filing fee as set forth in the schedule of fees established by resolution of the Board of Supervisors.

A.

The department director or designee shall mail a copy of the notice of appeal to all parties of record which shall include the date, time and place when the appeal will be presented to the Board of Supervisors. Failure to receive a mailed notice shall not invalidate the actions of the Board of Supervisors taken as a result of the appeal.

B.

Within 30 days of the notice to appeal, or as soon thereafter as is practicable, the Board of Supervisors shall hold a de novo hearing on the landmark alteration permit and shall approve, approve with conditions or deny the permit.

(Ord. No. NS-1100.96, 10-17-06)

Sec. C17-20. - Permit expiration.

A landmark alteration permit shall remain valid for a period of two years (unless a different period was specified as a condition of approval) following the date the department director or designee or Board of Supervisors approves the permit. If the landmark alteration permit or any action related to the project for which the landmark alteration permit was issued is the subject of a judicial challenge, the landmark alteration permit shall remain valid until two years after all judicial proceedings are final. Time extensions for similar time periods may be subsequently granted by the department director or designee upon application prior to expiration of the landmark alteration permit.

ated to the project for which the landmark alteration permit was issued is the subject of a judicial challenge, the landmark alteration permit shall remain valid until two years after all judicial proceedings are final. Time extensions for similar time periods may be subsequently granted by the department director or designee upon application prior to expiration of the landmark alteration permit.

(Ord. No. NS-1100.96, 10-17-06; Ord. No. NS-1100.132, § 3, 10-20-20)

Sec. C17-21. - Permit revocation.

The department director or designee may, in writing, revoke a landmark alteration permit for reasons of 1) non-compliance with any terms or conditions of the landmark alteration permit; or 2) finding of fraud or misrepresentation used in the process of obtaining the landmark alteration permit.

(Ord. No. NS-1100.96, 10-17-06)

Sec. C17-22. - Stanford University general use permit.

Properties subject to the Stanford University General Use Permit ("GUP") shall be subject to the provisions and regulations of said permit rather than this chapter for as long as the GUP, or any equivalently protective permit is in effect with the following exception: The various provisions of this chapter shall apply to the GUP properties where this division imposes additional processes or protections not reasonably similar to those found in the GUP.

(Ord. No. NS-1100.96, 10-17-06)

ARTICLE IV. - DEMOLITION REVIEW FOR UNDESIGNATED RESOURCES LISTED IN THE HERITAGE RESOURCE INVENTORY

Sec. C17-23. - Landmark alteration permit required for proposed demolition.

The Department of Planning and Development shall screen demolition permit applications to identify historic resources listed in the heritage resource inventory. When the Department of Planning and Development identifies that the subject historic resource proposed for demolition is listed in the heritage resource inventory and meets the criteria of significance for a landmark as prescribed in Article II, the applicant shall be informed that a landmark alteration permit is required for such demolition. Review of the

proposed demolition shall then proceed according to the landmark alteration permit review procedures outlined in Article III.

(Ord. No. NS-1100.96, 10-17-06)