Part 9 — Solar Access for Subdivision Development

Sec. C12-173. - Intent.

It is the intent of this part to implement and enforce the requirements of the California Solar Rights Act, that the design of all subdivisions for which a tentative map is required shall demonstrate the use of natural heating and cooling opportunities to the maximum extent feasible and that the dedication of solar easements may be required as a condition of tentative map approval for new parcels in order to protect solar access. It is intended that the provisions of this part shall prevail over any other provisions of this Ordinance Code which may conflict with any of the requirements herein. No tentative subdivision map shall be approved after the effective date of this part unless the provisions of this part are met.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-173.1. - Definitions.

The following definitions shall apply to this part:

(a)

Solar energy system:

(1)

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating, cooling or hot water heating; or

(2)

Any structural design feature of the building whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating, cooling or hot water heating.

(b)

Solar access: For purposes of this part, "solar access" shall mean any of the following:

(1)

The provision of direct sunlight to a south wall and/or south roof of a principal structure from 9:00 a.m. to 3:00 p.m. Pacific Standard Time on December 21 sufficient for the effective use of a solar energy system.

(2)

The provision of direct sunlight to a solar energy system from 9:00 a.m. to 3:00 p.m. Pacific Standard Time on December 21.

(3)

The provision of direct sunlight to the southernmost end of the buildable portion of a lot from 9:00 a.m. to 3:00 p.m. Pacific Standard Time on December 21.

(c)

Solar easement: The right of receiving direct sunlight across the real property of another to protect solar access.

(d)

Burdened property: Property for which development restrictions are placed, or proposed, in order to protect solar access to benefited property.

(e)

Benefited property: Property for which solar access protection is granted or proposed.

(f)

South wall: A southern wall area of a principal structure facing within 45 degrees of due south. In the event wall areas are located 45 degrees from south, the south wall shall be defined as the wall area facing southwest.

(g)

South roof: A southernmost roof area of a principal structure facing within 45 degrees of due south. In the event roof areas are located 45 degrees from south, the south roof shall be defined as the roof area facing southwest.

(h)

Due south: The direction of the south terrestrial pole.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-173.2. - Energy conservation plans.

(a)

Subsequent to October 1, 1980, the design of all minor and major land subdivisions as defined by Section C12-5.20 of Santa Clara County Land Development Regulations shall provide, to the maximum extent feasible, for future passive or natural heating and cooling opportunities in the subdivision. An energy conservation plan shall be submitted with the tentative subdivision map. Such plans shall meet the design objectives of Paragraphs (b) and (c) of this section. The development shall be designed to optimize the number of future buildings receiving sunlight sufficient for using solar energy systems. All proposed structures and vegetation shall be sited to provide solar access to a south wall of the greatest possible number of buildings. To the extent the provision of south wall solar access is not feasible on one or more lots, these lots shall be designed to provide solar access to a south roof.

(b)

Specific passive or natural heating opportunities to be contained in an energy conservation plan shall include, but are not limited to, design of streets, lot size and configuration to permit a maximum number of

buildings to be oriented so that south wall and roof areas may face within 25 degrees of due south. To the extent solar access is not impaired, existing vegetation should be used to moderate prevailing winter winds on the site.

(c)

Specific passive or natural cooling opportunities to be contained in an energy conservation plan, to the extent solar access to future buildings is not impaired, include design of lot size and configuration to permit buildings to receive cooling benefits from both prevailing summer breezes and existing shading vegetation.

(d)

For the purposes of this part, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. Such factors include, but are not limited to, contour, orientation, grading, slope stability, tree preservation and access to existing streets. It is the intent of this section that the provision of natural heating and cooling opportunities in subdivision design be included with all other design considerations and be pursued whenever the benefits in terms of energy conservation and the potential for solar energy development are greater than the associated negative impacts. It is not intended that the requirements of

this section result in reducing densities, reducing the percentage of a buildable lot area that may be occupied by a structure thereby precluding construction under the applicable zoning in force at the time the tentative map is filed, or cause the unnecessary destruction of existing trees.

(e)

In cases where a proposed building configuration has been developed at the tentative map stage, energy conservation plans shall include a sketch of the approximate shading pattern cast by all remaining and proposed vegetation exceeding, or capable of exceeding, ten feet in height and all structures on December 21 from 9:00 a.m. to 3:00 p.m. Pacific Standard Time. This requirement shall apply to structures and proposed or existing vegetation located within 150 feet and within 45 degrees of due south from any proposed south wall or south roof area. In addition, in order to determine the potential for natural heating and cooling opportunities on the site, energy conservation plans shall indicate the approximate location and type of all trees, or groups of trees, exceeding, or capable of exceeding, ten feet in height that are located within 100 feet of a proposed structure.

(f)

In cases where a building configuration has not been developed at the tentative map stage, the energy conservation plan shall indicate the extent to which future construction could receive solar access by indicating the approximate location and type of all trees, or groups of trees, exceeding, or capable of exceeding, ten feet in height that are located within the buildable portions of proposed lots or are within 150 feet and within 45 degrees of due south from the southernmost end of the buildable portion of proposed lots. Prior to the effective date of this part, the planning staff shall develop and the Planning Commission shall adopt specific guidelines for preparing energy conservation plans and determining shading patterns.

(g)

Exemptions may be granted by the advisory agency from the design objectives of Paragraph (a), (b) or (c) of this section upon a finding that either:

(1)

Compliance will result in reducing densities below what would normally be allowed by the advisory agency at the time the tentative map is filed without the provisions of this section.

(2)

Compliance is not feasible as defined in Paragraph (d) of this section.

(h)

All applicants requesting an exemption pursuant to this section shall submit a written statement and sufficient supporting documentation with the energy conservation plan describing the basis for the claim. In submitting sufficient supporting documentation pursuant to this section, it is not the intent to require the initial submission of an alternative tentative subdivision map. Subsequent requests for alternative maps may be made as part of the approval process.

(i)

The planning staff shall review any requested exemption and include recommendations as part of the staff report transmitted to the approving agency.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-173.3. - Solar access easements—General requirement.

(a)

In proposed subdivisions where a building configuration has been developed at the tentative map stage, solar access easements created pursuant to this part shall be designed, to the extent feasible, to protect solar access to proposed south roof and south wall areas and any proposed site for a solar energy system. In proposed subdivisions where a building configuration has not been developed at the tentative map stage, solar access easements shall be designed, to the extent feasible, to protect solar access to the southernmost boundary of the buildable portion of a lot. In establishing the dimensions of a solar access easement, consideration shall be given to contour, configuration of the parcel to be divided, existing vegetation and the use of adjacent parcels.

(b)

In cases where a building configuration is specified on the tentative map and upon finding that neither lot size, lot configuration or applicable zoning is sufficient to reasonably protect solar access to a proposed south wall, south roof or any proposed location for a solar energy system, the advisory agency may require the preparation and dedication of solar access easements as a condition of tentative subdivision map approval for any subdivision application containing one or more proposed lots under one acre.

(c)

In cases where a building configuration is not specified at the tentative map state and upon finding that neither lot size, lot configuration or applicable zoning is sufficient to reasonably protect solar access to the southernmost boundary of the buildable portion of the lot, the advisory agency may require the preparation and dedication of solar access easements as a condition of tentative subdivision map approval for any subdivision application containing one or more proposed lots under one acre.

(d)

Solar access easements shall not be required in cases where the lot that would be benefited is equal to or greater than one acre or where solar access is not available due to either existing vegetation, topography or surrounding development, or where other deed restrictions are sufficient to protect solar access. The establishment of a solar access easement is not intended to result in reducing development densities or reducing the percentage of a lot which may be occupied by a structure, or cause the unnecessary destruction of existing trees. The requirements of this section are not applicable to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are proposed.

(e)

Prior to the effective date of this part, the planning staff shall develop and the advisory agency shall adopt guidelines for preparing solar access easements, including a model solar easement form for general use.

(f)

Solar access easements required pursuant to this part shall be recorded with the final subdivision map with the County Recorder.

(g)

The provisions of this section shall be effective on October 1, 1980.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-173.31. - Same—Contents.

All solar access easements required pursuant to this part shall provide for the following:

(a)

A description of the solar access easement in terms of specific area(s) on benefited property to which solar access is to be protected and a statement specifying that no structure, vegetation or land use shall cast a shadow so as to impede the passage of direct sunlight to more than ten percent of a protected area on a benefited property between 9:00 a.m. and 3:00 p.m. on December 21 or on any other date approved by the advisory agency. For purposes of this section, the easement shall protect and it shall be sufficient to describe only those specific areas on benefited property that would limit the height of structures and vegetation to under 50 feet on the burdened property in order to protect solar access.

(b)

The burdens and benefits of the solar access easement as being transferable and running with the land to subsequent grantees.

(c)

The solar access easement may be revised or terminated pursuant to Paragraph (e) of this section or by a modification in writing that is signed by all benefited and burdened property owners and recorded with the County Recorder. Said right of modification in writing shall not apply to the initial grantor of the easement.

(d)

A diagram of the burdened property indicating in a manner easily understood by nontechnical persons the approximate height restrictions up to and including 50 feet on the property necessary to protect solar access to specific areas on benefited property.

(e)

(1)

Because a solar access easement is not intended to unnecessarily burden properties, a statement shall be included specifying that subsequent to the development of a benefited property, restrictions on structures, vegetation and land uses due to a recorded solar access easement on a burdened property not required to protect solar access to a south wall or south roof or the site of a solar energy system shall be void and unenforceable provided a revised solar access easement signed by all affected benefited and burdened parties and a revised diagram pursuant to this section have been recorded with the County Recorder. The easement shall also contain a statement that upon refusal of an affected party to sign the modified solar access easement any other affected party may bring an action in court to determine what modification if any should be made to the easement and that costs of suit may be awarded to the prevailing party. This provision (e)(1) is not intended to and shall not increase the area burdened by any solar access easement on any property.

(2)

In cases where applicable, zoning in force at the time the solar access easement is recorded would allow the construction of only one principal structure on the benefited property, the provisions of (e)(1) shall apply subsequent to final approval of the building permit for the principal structure or any detached solar energy system constructed on the benefited property at the same time as the principal structure.

(3)

In cases where applicable zoning in force at the time the solar access easement is recorded would allow the construction of more than one principal structure on the benefited property, the provisions of (e)(1) shall apply subsequent to approval of a complete development plan for the benefited property that indicates the future location of all principal structures and the site of any detached solar energy system.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-173.4. - Appeal procedure.

Any person dissatisfied with a decision of the advisory agency pursuant to this part may appeal to the Board of Supervisors within 15 days of said decision.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-173.5. - Severability.

If any portion of this part is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this part.

(Ord. No. NS-1203.50, § 2, 4-21-80)

Sec. C12-174. - Reserved. ARTICLE 5. - IMPROVEMENTS Part 1. - General

Sec. C12-175. - Criteria.

The subdivider shall improve all public and private streets and easements which serve the subdivision and local neighborhood traffic. The criteria for the design of the improvements shall be in accordance with adopted County standards as set forth in the booklets entitled "Standards and Policies Manual" and "Standard Details Manual, 1997," which are on file with the Clerk of the Board, and subject to amendment from time to time. Said booklets are incorporated herein by this reference as though fully set forth. Stage development of streets and easements may be approved where appropriate.

(Ord. No. NS-1203.35, § 4, 3-63-78; Ord. No. NS-1203.131, § 2, 10-8-24)

Secs. C12-176, C12-177. - Reserved. Part 2. - Improvement Requirements

Sec. C12-178. - Four or less parcels.

Improvement requirements for subdivisions of four or less parcels shall be limited to the construction of reasonable off-site and on-site improvements for the parcels being created, in accordance with current County standards, including any standards for stage improvements and for private access roads as conditions of approval of the tentative map. Requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of the parcel map being filed for record. Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the County or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the County, except that in the absence of such an agreement, the County may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the County that fulfillment of the construction requirements is necessary for reasons of the public health and safety, or that the required construction is a necessary prerequisite to the orderly development of the surrounding area.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-179. - Five or more parcels.

Improvement requirements for subdivisions of five or more parcels shall be designed in accordance with the current County standards and in compliance with the conditions of the tentative map. If at the time of approval of the final map by the Board of Supervisors, any public improvement required by the County pursuant to this chapter has not been completed and accepted, the Board, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an agreement with the County to thereafter complete such improvements at the subdivider's expense. The agreement shall be secured by good and sufficient improvement security as provided in this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-180—C12-182. - Reserved. Part 3. - Improvement Plans—Street and Drainage

Sec. C12-183. - General.

Prior to commencing improvements, the subdivider shall submit to the County Surveyor an improvement plan prepared by a civil engineer, who is registered in the State of California, for street and drainage work together with inspection fees and insurance as may be specified in the land development agreement, protecting the County of Santa Clara and its officers and employees from liability. The street improvement plan shall show the approximate size, location and depth of all existing and proposed storm sewers, and all required outfalls to Santa Clara Valley Water District channels, and sanitary sewers; existing water lines, fire hydrants, gas lines, electroliers, poles, electrical, television and telephone distribution facilities, trees and other fixed objects within the right-of-way affecting construction of street improvements. Landscaping, erosion control plantings or devices and watering facilities within the right-of-way shall also be shown on the improvement plans. The quality of the drawings shall be suitable for microfilming, readable, high contrast full-scale microfilm prints. The County Surveyor shall review the improvement plans to determine if they meet the requirements of the approved tentative map, County standards and this chapter. Upon approval of the improvement plans by the County Surveyor, work may commence on the improvements.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-184. - Same—Design requirements.

Street and drainage improvements shall be designed in accordance with the referenced standards and the conditions of approval of the tentative map. In addition, unless otherwise modified by the County Surveyor, the following shall apply:

(a)

Street extensions. Streets needed to provide traffic circulation or to serve adjoining property shall be extended to the subdivision boundary. If the street does not connect to an existing street, the final one foot shall be granted in fee to the County. It is the purpose of the one-foot fee strip to prohibit ingress or egress across it to the adjoining property until such time as an extension of the road on which the reservation is

placed is dedicated to public use and said dedication is recorded. After extension of the street pursuant to County approval, the one-foot fee dedication shall be null and void.

(b)

Center lines. All streets shall, as far as practicable, be in alignment with existing adjacent streets. If the center line of two streets, intercepting the same street from opposite directions, are off-set from each other, said off-set shall be a minimum distance of 200 feet measured along the center line of the street intercepted.

(c)

Intersecting angles and return radii. Streets shall intersect at an angle as near to a right angle as is practicable in each specific case, unless otherwise necessitated by topographic conditions. The right-ofway line radii of returns at corners may vary with the widths of roadways, intersection design and the type of land use. The minimum return radius shall be 20 feet. Streets intersecting at angle other than 90 degrees may require special design features to assure desirable visibility and safety.

(d)

Dead-end street turning area. Wherever a permanent dead-end street or a temporary dead-end street is permitted, an adequate turning area will be required.

(e)

Loops, courts and secondary means of access. Whenever the size or location of a parcel of land does not permit a lot layout directly related to a normal street arrangement, a court or nonconnecting street may be used; provided, however, all lots or parcels which are more than 800 roadway feet from an existing or County approved future through road intersection shall be served by a loop street, if possible. The advisory agency may require a safe and adequate secondary means of access. Any requirements imposed under this section shall not be an unreasonable burden or hardship to the subdivider.

(f)

Grades and curves. All streets shall have at least a 0.5 percent grade. Grades shall not exceed six percent on highways, 12 percent on local traffic streets, 15 percent on any street, or 20 percent if no other method is practicable and if consistent with good engineering practices. Streets or portions thereof with 20 percent grade shall be not more than 300 feet in length.

Center line radii shall be not less than 500 feet on highways, except in mountainous areas, where the radius may be reduced to not less than 200 feet, and on all other streets, the center line radii shall be not less than 75 feet. Lesser or greater grades and radii may be used in cases in which sufficient evidence is presented to show that the above requirements are not practicable.

(g)

Street vertical clearance. Streets and easements serving new subdivisions shall have a minimum vertical clearance of 15 feet over the surface of the roadway.

(h)

Street lighting. The subdivider may be required to provide street lighting in accordance with adopted County standards, including the current Standard Details Manual. Before approval of a final map or parcel map, the owners of a subdivision for which street lights are to be installed shall petition the Board of Supervisors to commence proceedings to annex the subdivision to the County lighting service area.

(i)

Street signs. The subdivider shall equip all street intersections with signposts, street name signs, dead-end signs and similar safety devices which shall conform to the standards and specifications established by the County of Santa Clara.

(j)

Street landscaping and erosion control. Street trees, erosion control plantings and watering facilities in the subdivision or within rights-of-way shown on the subdivision map may be required by the advisory agency as a condition of approval of the tentative map. Such plantings and facilities shall be shown on the street improvement plans. The work shall be included in the performance and labor and materialmen's bonds for street improvements. The subdivider may delay tree and erosion control planting and watering facilities, in which case he may be required to file a separate bond.

(k)

Drainage design and improvement. The subdivision, including its lot design, proposed structures and improvements, shall conform to good drainage practice to reduce flooding and economic loss due to storm water within and outside the boundaries of the subdivision.

The subdivider shall install drainage improvements in accordance with adopted standards and storm drainage master plans, copies of which are on file for use and examination by the public in the office of the Clerk of the Board of Supervisors. Complete drainage facilities shall be shown on either the street improvement plan or the lot grading plans. When it is necessary that storm sewers, drains or other facilities be constructed which can be or will be used for the benefit of property not in the subdivision, and such sewers, drains or other facilities are dedicated to the public, the subdivider and the County may enter into a contract which provides the subdivider reimbursement for such additional construction.

If deferment of construction of drainage improvements is recommended by the County Surveyor, the subdivider may be required to enter into a contract with the County covering the future obligations of subdivider with respect to drainage improvements. If the subdivision will be served by an existing storm sewer, the subdivider may be required to pay the subdivision's pro rata share of the cost of said drainage facility.

(l)

Bridges and culverts. Bridges and culverts shall be designed for American Association of State Highway Officials loading designation H20-44, except that a lesser standard may be approved upon sufficient evidence being shown that no undue traffic hazard is created. Permits for construction of bridges and culverts are required from the Santa Clara Valley Water District.

(m)

Flood-control facilities. When the subdivision is traversed by or abuts flood-control facilities as defined in Resolution No. 74-71 and Ordinance 74-1 of the Santa Clara Valley Water District, the subdivider may be required to install improvements for the preservation of property in the subdivision and for the safety and welfare of the residents of the subdivision and the general public.

(n)

Underground utilities. Telephone, television (if any) and electrical distribution facilities to serve the subdivision shall be installed underground unless the advisory agency finds such installation to be inappropriate and impractical on the basis of information furnished by the subdivider at the time of approval of the tentative map. The subdivider shall make all necessary arrangements with the servicing utility companies and coordinate with said companies in the preparation of street improvement plans. The installation work shall comply with applicable rules, regulations, standards and specifications of the County, Public Utilities Commission and the servicing utility companies. Said companies shall be responsible for design, construction, inspection, conformance with applicable County standards and requirements, and for the future maintenance of the installed facilities within the public right-of-way or easement. The general location of existing utilities shall be shown on the street improvement plans.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Part 4. - Fire Protection

Sec. C12-185. - Generally.

(a)

Fire protection facilities and water supply for fire protection for a subdivision shall be provided in conformance with Division B7 of the Santa Clara County Ordinance Code.

(b)

Division B7 (Section 23.301(c), Uniform Fire Code) defines an adequate water supply as being in compliance with the Insurance Services Office publication, "Guide for Determination of Required Fire Flow." In addition, subdivision water supplies shall meet minimum requirements as established in the Insurance Services Office publication, "Grading Schedule for Municipal Fire Protection." When an approved water supply system for fire protection is available or can be provided, the extension or installation of the system and any additions thereto which are necessary for the proposed development shall be provided. Where water supplies for fire protection are not available, or it is not practicable to provide a system, the following shall be provided:

(1)

A deferred improvement agreement for a future water system which would be equal to the requirements of the Insurance Services Office.

(2)

Interim water supplies for fire protection equal to 200 gallons per minute for 20 minutes for each dwelling unit.

A minimum acceptable water supply for rural residential development is an approved storage facility installed and maintained to provide the required fire flow.

(c)

When fire hydrants, gated connections and appurtenances are required and not shown on the improvement plans to be installed by the subdivider, fees sufficient to install and maintain such hydrants, gated connections and appurtenances shall be paid to the County, as determined by the local agency providing fire protection.

(d)

The Board of Supervisors may require the owners of a subdivision to petition to have the subdivision annexed to a fire protection agency or district.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 13, 7-2-79)

Secs. C12-186—C12-189. - Reserved. Part 5. - Sewage Disposal

Sec. C12-190. - General.

Every lot in a subdivision shall be provided with sanitary sewers connected to a sewage treatment and/or disposal facility approved by the appropriate regional water pollution control board and the County Health Officer. Where sanitary sewers are not available to the subdivision, individual sewage disposal facilities may be utilized if the Health Officer determines that every lot is of such area, conformation, topography and soil, to permit the construction of safe and adequate individual sewage disposal facilities according to Chapter II, Division B11 of the Santa Clara County Ordinance Code. The County Health Officer shall specify the method of sewage disposal to be used in a subdivision.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-191. - Septic tank percolation tests.

Where septic tank systems are proposed as the method of sewage disposal, the County Health Officer may require the subdivider to make test holes, percolation tests and other soil exploratory tests as he deems necessary in order to calculate the soil permeability. Calculations shall include values for holes which fail to percolate, and such holes shall be given a value of 480 minutes per inch. Where the calculated average stabilized percolation rate is greater than 120 minutes per inch, the subdivision shall not be approved, unless connected to a sanitary sewer. No septic systems shall be placed in areas where groundwater is less than ten feet.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-192—C12-194. - Reserved. Part 6. - Domestic Water System

Sec. C12-195. - General.

Every lot in a subdivision shall be supplied with water for domestic purposes from a source and/or system which meets applicable state laws and Chapter VI of Division B11. Drilling of any new well or exploratory hole, and abandonment of any old well, must be done under a permit issued by the Santa Clara Valley Water District, in accordance with District Ordinance 75-6.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-196. - Use of existing domestic water system; availability.

When the water supply is to be from an existing approved domestic water system not under the ownership or control of the subdivider, the subdivider shall furnish evidence of agreements showing availability of the public water systems to serve the subdivision.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-197. - Use of individual wells; abandoned wells.

When a subdivider proposes that each lot in the subdivision will be supplied water by means of wells, each well shall be developed by the subdivider according to the requirements of Chapter VI of Division B11 and the Santa Clara Valley Water District. Abandonment of wells shall be done only with a permit from the Santa Clara Valley Water District as provided in District Ordinance 75-6.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-198. - Water system and improvement plan.

(a)

Any water system serving a subdivision shall be designed and constructed for both domestic water, in accordance with the requirements of Chapter VI of Division B11, and fire protection requirements in accordance with the provisions of this chapter.

(b)

If the water system for the subdivision is not a existing public domestic water system operating under a valid permit, the subdivider shall furnish a detailed report, prepared by a registered civil engineer, which will confirm that the water system and fire protection facilities will comply with all the requirements of Chapter VI, Division B11, and this chapter. This report shall be prepared and approved prior to commencing any new water system improvements required by the Board of Supervisors and prior to recording the final map or parcel map. The water system and any fire protection facilities required by the Board of Supervisors shall be shown on the street improvement plans or on separate plans. The County Surveyor, the County Health Officer and the agency providing fire protection to the subdivision shall review the improvement plans and any report pertaining to water supply and fire protection facilities to determine if they conform to County standards and the requirements of the Board of Supervisors.

(c)

The subdivider shall enter into an agreement with the Board of Supervisors requiring the work be completed prior to the occupancy of any homes to be constructed within the subdivision, but not more than one year after the filing of the final map or parcel map or such greater period of time as may be specified in the agreement. The agreement shall provide for inspection services. It may provide for the improvements to be installed in units, or for the extension of time under specified conditions. The agreement shall be secured by a good and sufficient improvement security. Construction inspection and plan check fees shall be a specified in this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 14, 7-2-79)

Sec. C12-199. - Capacity of system; design.

(a)

All facilities of the water system shall be designed and constructed to withstand, with ample safety factors, the physical stresses to which they will be subjected and shall be free from structural or sanitary hazards. All equipment shall be of adequate size and capacity and be correlated with available supply from storage to meet the requirements of this section. Whenever feasible, the individual water source units shall be of such capacity that an outage of any single unit during a period of peak demand will not result in reduction of supply in the distribution system below the requirements of this section.

(b)

The quantity of water delivered to the distribution system from all sources' facilities must be sufficient to supply adequately, dependably and safely the total water requirements of all consumers under maximum consumption.

(1)

One hundred to 200 service connections. The combined capacities of all source facilities at periods of maximum demand shall support a rate of flow to the distribution system for two hours or not less than

Q = 100 + F √N

where "Q" equals the rate of flow in gallons per minute delivered from the combined source facilities to the distribution system, and "F" is a factor equaling 25, and "N" equals the total number of customer units where each unit is equivalent to one for a single family dwelling. Other types of development shall be assigned appropriate customer unit values as experience within the distribution system or locality indicates.

EXAMPLE:

(2)

Under 100 service connections. The source shall provide 1,000 gallons per day per service connection.

Distribution storage shall be provided at the rate of 500 gallons per service connection for the first 20 service connections and, in addition, 250 gallons per service connection for each service connection in excess of 20.

Distribution piping shall be able to handle a flow during the peak hour equivalent to 20 percent of the total daily design consumption. The minimum storage and distribution requirements for culinary purposes (not including fire protection) shall be as shown in the following table:

For the purpose of these minimum requirements, the source shall be considered as made up of the source facilities, the transportation facilities and all appurtenances thereto. The capacities set forth above shall be increased as necessary to provide the capability for fire protection, meeting adopted County standards.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-200. - Water transportation facilities; pumping equipment.

(a)

Transportation facilities consist of the equipment and appurtenances which provide the means of delivering water to the distribution system from the source facilities. Reservoirs and tanks from which the water is delivered directly into the mains of the distribution system where not adequately protected against pollution or completely covered shall have facilities for the installation of equipment to disinfect water.

(b)

Pumping equipment delivering water to the distribution system shall, in conjunction with the storage facilities, be so designed as to meet the requirements of this section. Each pumping unit shall be driven by a separate power unit of adequate size. Construction shall be such as to prevent sanitary hazard or structural defects whether the pumping unit is handling raw or treated water. All piping in the source facilities shall be of adequate size to carry the required quantities of water with reasonable velocities. No pipe conveying contaminated water prior to treatment shall be connected to pipe carrying potable water. Master meters or other suitable measuring devices shall be provided to register accurately the quantity of water delivered to the distribution system. Housing for all equipment appurtenances, and other facilities, shall provide adequate ventilation and protection against unauthorized entry. Ample space for the performance of all operating, maintenance and repair functions shall be provided.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-201. - Distribution system; pipe and valves.

(a)

The distribution system shall be of adequate size and so designed in conjunction with related facilities to maintain a minimum pressure of 20 pounds per square inch at every point during periods of maximum normal demand. The maximum length of run of each size of pipe shall in no case be greater than the following:

In unreinforced runs serving culinary water purposes only (dead-ends) none smaller than two-inch in diameter; two-inch and three-inch in diameter—300 feet; four-inch in diameter—1,300 feet; six-inch in diameter—2,600 feet.

In reinforced runs (connections at both ends of runs) none smaller than two-inch; two-inch and three-inch in diameter—600 feet.

Dead-end runs shall be provided with means of flushing to prevent deterioration of water quality. Completion of a grid system is required wherever feasible.

Materials used in the distribution system shall be able to withstand with ample safety factors, all internal and external forces to which they may be subjected.

(b)

The type, minimum class or gauge and standards for pipe and valves used in the distribution system shall be as set forth in this section.

Cast-iron pipe, two-inch, Class 250, shall conform to the applicable requirements of Federal Specification WW-P-421.

Cast-iron pipe, three-inch up to and including 12-inch, Class 150, shall conform to the applicable requirements of Federal Specifications WW-P-241, or American Standards Association A-21. Copper pipe, two-inch and three-inch, shall conform to Standard Specifications for Copper Water Tubing of the American Society for Testing Materials, Designation B 88-46.

Steel pipe, two-inch and three-inch, shall conform to the applicable American Society for Testing Materials Standards Specifications and Steel Pipe.

Asbestos cement water pipe, Class 150, commercial designation, to and including 12-inch.

Steel pipe, four-inch, six-inch, eight-inch 12 gauge, ten-inch and 12-inch 10 gauge, shall conform to the applicable requirements of American Water Works Association Tentative revision of Standard Specifications for Steel Water Pipe of sizes up to but not including 30-inch, No. 7A. 4-1941-TR.

All steel pipe at the time of installation shall be adequately protected inside and out against corrosion. Pipe that has been used for any purpose other than for transporting potable water shall not be used without previous effective decontamination.

Gate valves shall conform to the American Water Works Association Standard Specifications for Gate Valves for Ordinary Water Works Services.

Service pipe and fittings shall be designed for cold water working (non-surge) pressures of not less than 150 pounds per square inch. Pipe from the distribution line to the customer connection shall be of cast iron, copper or galvanized steel, or equivalent as approved by the County Surveyor.

All materials to be installed shall be new or approved by the subdivider's engineer as having a life expectancy substantially equal to new materials.

Lesser or higher requirements may be imposed by the County Surveyor when the water system improvements are within an existing or proposed service area of a city or public utility that may incorporate the facilities into its water system at a future date. Such requirements shall be in accordance with the standards of the city or utility.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Part 7. - Grading Plans

Sec. C12-202. - General.

If site grading, affecting two or more adjacent parcels, is proposed by the subdivider or required by the advisory agency, the subdivider shall comply with the plan approval requirements of the County Grading Ordinance prior to the filing of the final map or parcel map.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-203—C12-205. - Reserved.

Part 8. - Improvement Agreement and Securities

Sec. C12-206. - Agreement.

The subdivider shall, concurrent with the acceptance of the final map, or parcel map where applicable, or prior to the start of construction, whichever is earlier, enter into an agreement with the County to complete required improvements within a specified time. In the case of a subdivision for which a final map is required, the agreement shall be executed by the subdivider and the Board of Supervisors. In the case of a subdivision for which a parcel map is required, the agreement shall be executed by the subdivider and the County Surveyor. Standard agreement forms are available from the County Surveyor.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-207. - Improvement security.

Security to assure satisfactory completion of the improvements shall be in one of the following forms:

(a)

Bond by one or more duly authorized corporate sureties,

(b)

Cash or certificate of deposit with a financial institution, or

(c)

An instrument of credit from one or more financial institutions, subject to state or federal regulation, pledging that the funds necessary to carry out the terms of the agreement are on deposit and guaranteed for payment.

(d)

A lien upon the property to be divided, created by contract between the County and the owner, if the Board of Supervisors determines that it would not be in the public interest to require the installation of required improvements sooner than two years after recordation of the map.

(e)

Deeds of trust on any real property, including the property to be divided, which are not subject to prior security interests.

In accordance with the Subdivision Map Act, the names and purposes of the securities are as follows:

(1)

Performance bond. An amount equal to 100 percent of the total estimated cost of the improvements as determined by the County Surveyor conditioned upon the faithful performance of the work for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

(2)

Labor and materialmen's bond. An amount equal to 100 percent of the total estimated cost of the improvement as determined by the County Surveyor to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvements.

(3)

Monument bond. An amount of 100 percent of the cost of setting all monuments shown on the final map or parcel map to guarantee the setting of said monuments and the payment to the engineer or Surveyor, as provided by the Subdivision Map Act.

The security furnished by the subdivider may be released in whole or in part in the following manner:

(1)

Performance bond. Security may be released by the County Surveyor upon the completion and acceptance of the work, in whole or in part; except that no reduction shall be less than 25 percent of the total security amount, nor shall the aggregate of all deductions exceed 75 percent of the original security amount. An amount determined by the County Surveyor may be required to remain in effect for a minimum of one year following the completion and acceptance of the work for the guarantee and warranty of the work against any defective work or labor done or defective materials furnished.

(2)

Labor and materialmen's bond. Security for the payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them may, six months after the performance of the act or the completion and acceptance of the work, be reduced to a amount not less than the total of all claims on which a action has been filed and notice thereof given in writing to the Board of Supervisors, and if no such actions have been filed, the security may be released in full by the County Surveyor.

(3)

Cash bonds. In the event a cash or other similar nonsurety company-type bond is deposited in the amount of 100 percent of the estimated cost of the improvements, it shall be deemed to satisfy County requirements with respect to both performance and labor and materialmen's bonds. Such bonds may be released incrementally as provided herein, not to exceed 50 percent of the original bond amount The remainder may be released after completion and acceptance of all work and the requirements with respect to the California Mechanics Lien laws, with the exception of a amount that may be retained for one year as the warranty bond.

(4)

Monument bond. Security may be released after written receipt by the engineer or Surveyor that the final monuments have been set and evidence is submitted that the engineer or surveyor has been paid.

(5)

Trust deeds or contract liens. Security may be released by the County Surveyor upon the completion and acceptance of the work, provided that security in a amount sufficient to secure payment to the contractor, his subcontractors, and to persons furnishing labor, materials or equipment to them shall be retained for a period of six months after completion and acceptance.

(Ord. No. NS-1203.58, § 1, 11-30-81)

Secs. C12-208—C12-210. - Reserved. Part 9. - Construction Requirements and Procedures

Sec. C12-211. - Construction inspection.

Upon issuance of a permit, the County shall assume full jurisdiction over the inspection of construction improvements after the subdivider's engineer has set alignment and grade stakes in accordance with accepted engineering practices. Upon satisfactory completion of the improvements, the County Surveyor shall release the performance bond according to this chapter, except where the bond is held by the Board of Supervisors. In that event, the County Surveyor shall report to the Board with recommendations regarding construction acceptance and release of the bonds.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-212. - Authorization of private civil engineer to inspect the work.

(a)

Upon request, the County Surveyor may authorize a private registered civil engineer to perform the inspection work, and certify compliance with the approved plans and render required reports. The subdivider shall make his own contractual arrangements for such engineering services and be fully responsible for payment of all costs. Upon authorization by the County Surveyor, the inspection fee set forth shall be reduced.

(b)

The subdivider shall "OK" the work to be done in accordance with the approved plans and any instructions or recommendations by the private engineer. If during the course of construction, the engineer finds that the work is not being done substantially in accordance with the approved plans and specifications, he shall immediately notify the person in charge of the work and the County Surveyor of the nonconformity, including corrective measures. When changes in the plans are required, the engineer shall prepare such proposed changes and submit for approval to the County Surveyor.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-213. - Periodic progress reports.

Periodic progress reports shall be rendered by the private civil engineer as required by the County Surveyor, including, but not be limited to, laboratory tests, slope stability, placement of base and fill materials, retaining walk, subdrains, drainage, utilities and any special permit or plan requirements. Upon completion of the work the engineer shall submit to the County Surveyor an "as-built" plan, a final report and certification of completion of the work in accordance with approved plans and permit conditions.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-214. - Modification of approved plans.

Approval of plans by the County Surveyor shall not relieve the subdivider of the necessity to comply with adopted County standards and regulations, or those of other agencies for whom the work is performed. In the event the improvements are not properly designed for field conditions, or significantly violate County requirements, the County Surveyor may order modification of the approved plans.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-215. - Suspension of work.

If during the course of construction, the County Surveyor finds that the work is not being done in accordance with the approved plans, specifications, or permit conditions, or if the work has encountered problems requiring a modification of the plans, the work may be stopped. No further construction shall be performed until the corrective measures or plan changes have been approved.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-216. - Encroachment permits.

If any portion of the work is within a County maintained road, state highway, city street, or easement, the subdivider shall obtain an encroachment permit from such agency prior to the approval of improvement plans. He shall be fully responsible for all costs and compliance with all permit conditions.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-217—C12-220. - Reserved. ARTICLE 6. - REVERSIONS AND EXCLUSIONS Part 1. - Reversion to Acreage

Sec. C12-221. - Subdivided real property; provisions; final map.

(a)

Subdivided real property may be reverted to acreage pursuant to the provisions of this part. Proceedings for reversion to acreage may be initiated by the Board on its own motion or by petition of all of the owners of record of the real property within the subdivision.

(b)

The petition shall be in a form prescribed by the County and shall contain the following:

(1)

Adequate evidence of title to the real property within the subdivision.

(2)

Sufficient data to enable the Board to make all of the determinations and findings required by this article.

(3)

A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion.

(4)

Such other pertinent information as may be required by the County.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-222. - Subdivided real property; Board findings.

Subdivided real property may be reverted to acreage only if the Board finds that:

(a)

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

(b)

Either:

(1)

All owners of an interest in the real property within the subdivision have consented to reversion; or

(2)

None of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or

(3)

No lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-223. - Conditions by the Board.

As conditions of reversion, the Board shall require:

(a)

Dedications or offers of dedication necessary for the purposes specified by this chapter following reversion.

(b)

Retention of all previously paid fees if necessary to accomplish the purposes of this chapter.

(c)

Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-224. - Effective time; effect of dedications.

Reversion shall be effective upon the final map being filed for record by the County Recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-225. - Effect on fees, deposits and security.

When a reversion is effective, all fees and deposits shall be returned and all improvement security released, except those retained pursuant to this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-226. - Tax bond not required.

A tax bond shall not be required in reversion proceedings.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Sec. C12-227. - Parcel map; when allowed.

A parcel map may be filed under the provisions of this article for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. After approval of the reversion by the Board of Supervisors, the map shall be delivered to the County Recorder. The filing of the map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the map shall also constitute a merger of the separate parcels into one parcel for purposes of this article, and shall thereafter be shown as such on the assessment roll subject to the provisions of this chapter.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.46, § 2, 8-13-79)

Sec. C12-228. - Merged and resubdivided land without reverting to acreage.

Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements of the subdivision of land as provided by this chapter. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this chapter, pertaining to the property, shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. Any streets or easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the Board of Supervisors, the map shall be delivered to the County Recorder. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.45, § 15, 7-2-79)

Sec. C12-229. - Voluntary merger of contiguous parcels.

(a)

Intent. It is the intent of this section to provide a simplified procedure for owner-initiated merger of

contiguous parcels in common ownership. The procedure set forth in this section shall not apply when an entire subdivision is being reverted to acreage. This procedure cannot modify or eliminate improvements required as a condition of a subdivision approval. Any voluntary merger that does not satisfy all the requirements of this section can be processed by a reversion to acreage or other appropriate procedure as determined by the Planning Office.

(b)

Requirements. The requirements of a voluntary merger pursuant to this section shall be limited to the following:

(1)

The parcels to be merged shall be existing legal lots that are contiguous to one another and are under common ownership.

(2)

Except as hereinafter provided, a parcel map shall be required and shall be recorded on approval of the merger. The Planning Office shall have the authority to allow the recording of a "Certificate of Lot Merger," in an acceptable form, in lieu of a parcel map.

(3)

No building permit shall be issued for any addition to, rebuild or repair of any building or structure that crosses a property line until a lot merger (or lot line adjustment, if applicable) has been completed. Projects limited to interior remodel, electrical, plumbing or mechanical, or combinations thereof, shall be exempt from this requirement. In addition, required ancillary improvements (new or existing) serving the building or

structure, including septic systems and required parking facilities, must be entirely on the same lot as the dwelling for such building permit to be issued.

(c)

Procedure. The applicant shall submit to the Planning Office a completed application form, the required processing fee as determined by resolution of the Board of Supervisors, a tentative map, and any other information deemed necessary in order to process the application.

The Planning Office shall determine whether the application complies with the requirements of this section and shall grant or deny the application. Any person dissatisfied with the decision of the Planning Office may appeal to the Board of Supervisors within 15 calendar days after the decision of the Planning Office.

Appeals shall be filed at the Planning Office and shall include a nonrefundable filing, fee in an amount prescribed by the Board of Supervisors. The Board shall hear the matter de novo and approve, disapprove or modify the decision of the Planning Office. The decision of the Board of Supervisors upon such appeal shall be final.

(d)

Duration of approval. Approval of a merger shall be valid for a period of one year from the date approval is given. During this period any and all conditions of approval shall be fulfilled and the deed and parcel map shall be recorded. Such period may be extended by approval of the Planning Office for up to an additional one year. Requests for an extension of time shall be accompanied by a fee in an amount prescribed by the Board of Supervisors.

(Ord. No. NS-1203.84, § 1, 7-14-87; Ord. No. NS-1203.100, § 1, 5-15-90; Ord. No. NS-1200.318, § 27, 3- 28-06; Ord. No. NS-1203.124, § 40, 12-13-16)

Editor's note— The form referred to in Subsection (b)(2) is not printed herein but is on file with Ord. No. NS-1203.100.

Secs. C12-230—C12-232. - Reserved. Part 2. - Certificate of Compliance—Notice of Violation

Sec. C12-233. - Certificate of compliance.

(a)

Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request, and the County shall determine, whether such real property complies with the provisions of this chapter. Upon making such a determination, the Planning Office shall cause a certificate of compliance to be filed for record with the County Clerk-Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of this chapter.

(b)

If the County determines that such real property does not comply with the provisions of the chapter it may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his interest therein, and which has been established at such time by this chapter. Upon making such a determination and establishing such conditions, the County shall cause a conditional certificate of compliance to be filed for record with the County Clerk-Recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the County.

(c)

A certificate of compliance shall be issued for any real property which has been approved for development pursuant to this chapter.

(d)

A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 41, 12-13-16)

Sec. C12-234. - Recording notice of violation.

Whenever the County has knowledge that real property has been divided in violation of the provisions of this chapter, it shall cause to be filed for record with the County Recorder, a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a notice of violation, the local agency shall mail a copy of such notice to the owner of such real property. The notice shall specify a time, date, and place at which the owner may present evidence to the Board or advisory agency why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the County shall record a release of the notice of intention to record a notice of violation with the County Recorder. If, however, after the owner has presented evidence, the Board or advisory agency determines that the property has in fact been illegally divided, or if within 60 days of receipt of such copy the owner of such real property fails to inform the County of his objection to recording the notice of violation, the Board or advisory agency shall record the notice of violation with the County Recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

(Ord. No. NS-1203.35, § 4, 3-13-78)

Secs. C12-235—C12-239. - Reserved. ARTICLE 7. - GIFT DEEDS

Sec. C12-240. - Intent.

This article is enacted in order to discourage the use of gift deeds as a method of creating parcels and to regulate parcels created outside current planning and development regulations for subdivisions.

(Ord. No. NS-1203.92, § 1, 2-14-89)

Sec. C12-241. - Presumption.

All parcels created by gift deed are presumed to be subdivisions and must comply with all the subdivision regulations of the County.

(Ord. No. NS-1203.92, § 1, 2-14-89)

Sec. C12-242. - Exemptions.

Notwithstanding the provisions of Section C12-241, the following are exempt from the requirements of the County subdivision regulations:

(1)

Parcels created as the result of a gift deed recorded prior to February 4, 1986.

(2)

Parcels created as the result of a gift deed recorded on and between February 4, 1986 and February 7, 1989, that met the minimum lot size of the zoning district at the time of creation.

(3)

Parcels created as the result of a gift deed recorded on and between February 4, 1986 and noon of March 22, 1988, which are below the minimum lot size of the zoning district and have obtained a building exemption or a conditional certificate of compliance from the Planning Commission.

(4)

Parcels created as the result of a gift deed recorded on or between February 4, 1986 and noon of March 22, 1988, which are below minimum lot size of the zoning district and which have not obtained a building exemption or conditional certificate of compliance from the Planning Commission shall comply with the following regulations:

a.

At such time that development necessitates building site approval, an application for an exemption and building site approval for the parcel shall be required. Applications for exemption and building site approval must be filed at the Planning Office together with the filing fees established by the Board of Supervisors. The matter shall be set for public hearing before the Planning Commission. Notice of the hearing shall be provided in accordance with Chapter 5.20 of the County Zoning Ordinance.

b.

The Commission shall grant the application for exemption and accompanying building site approval with appropriate conditions if it makes all of the following findings based upon the evidence presented at the hearing:

1.

The property owner has demonstrated that the parcel is a bona fide gift to a member of the property owner's immediate family, which is defined as parent, grandparent, son, daughter, grandchild or sibling.

2.

The original parcel being divided by this process was not itself created by gift.

3.

All parcels created as the result of a gift deed(s) conform to the lot size and density in the surrounding area.

4.

The parcel cannot be sold for a period of ten years from the date the parcel was originally created. This provision shall not apply to those parcels which have previously received a certificate of compliance.

5.

The proposed development will not create a substantial adverse impact upon the environment.

6.

If the parcel is subject to a land conservation contract pursuant to the Williamson Act, the property owner shall file for nonrenewal of the Williamson Act contract.

c.

In granting the building exemption and accompanying building site approval, the Commission may include such additional conditions as it deems reasonable and necessary to preserve the integrity and intent of the regulations of this article.

d.

Any action of the Planning Commission may be appealed to the Board of Supervisors in accordance with the procedures of Section C12-321.

(Ord. No. NS-1203.93, § 3, 4-4-89; Ord. No. NS-300.791, § 7, 4-22-08)

Secs. C12-243—C12-299. - Reserved.

CHAPTER II. - SINGLE BUILDING SITES ARTICLE 1. - GENERAL PROVISIONS AND DEFINITIONS Part 1. - General Provisions

Sec. C12-300. - Purpose.

This chapter is enacted for the purpose of regulating development of single building sites that have not been regulated under any land division ordinance; or which are not subject to a use permit or architectural and site approval; or, are associated with activities undertaken by the County, any district for which the Board of Supervisors acts as the governing body of the district, or any Local Agency, as defined in section 53090(a) of the Government Code. Building site approval is required prior to development in any zoning district unless a specific exception set forth in this article applies, except in that portion of the "AR" Agricultural Ranchland zoning district located east of Highway 101 where a building clearance may be obtained. Building site approval shall be required, however, for development within the "AR" Agricultural Ranchland zoning district located within the Anderson/Coyote Watershed, as depicted on that certain map entitled Anderson/Coyote Watershed Parcel Map.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.98, § 1, 7-11-89; Ord. No. NS-1203.106, § 1, 9-1995; Ord. No. NS-1203.127, § 1, 4-20-21)

Sec. C12-301. - Process in lieu of site approval.

For those sites located in that portion of the "AR" Agricultural Ranchlands zoning district east of Highway 101, the following provisions apply in lieu of building site approval unless the parcel was created as a result of a gift deed between February 3, 1986, and noon on March 22, 1988, and is below the minimum lot size for the zoning district, in which case the applicant must obtain building site approval and an exemption, if applicable. The slope density calculations for determining minimum lot size must be determined by a registered civil engineer.

(1)

The applicant shall file an application for a building permit and obtain all building permit clearances in addition to the following:

a.

The applicant shall submit a statement from a title company demonstrating that the parcel was legally created and has legal access to a public road. A certificate of compliance may be required.

b.

The applicant shall provide copies of all easements required for utility purposes.

(Ord. No. NS-1203.98, § 1, 7-11-89)

Editor's note— Former § C12-301 is now § C12-302.

Part 2. - Definitions

Sec. C12-302. - Generally.

Definitions related to this chapter are embodied in Chapter 1.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.98, § 2, 7-11-89)

Note— Formerly, § C12-301.

Sec. C12-303. - Reserved. ARTICLE 2. - PROCEDURE Part 1. - Application

Sec. C12-304. - Generally.

Applications for single building site approval shall be filed with the Central Permit Office, together with a copy of the deed for the subject property and the required copies of the site development plan.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-305. - Site development plan.

The site development plan shall be a plan prepared by the applicant or his representative and shall show the existing and proposed improvements on the subject site.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-306. - Effective time of filing.

The time of filing shall be the time at which the Land Development Coordinator formally accepts the application.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 2. - Review

Sec. C12-307. - Applicability.

Building site approval shall be required for new single-family or two-family dwellings (including any alteration project classified as rebuild, per Section C1-22), and certain additions and alterations to singlefamily or two-family dwellings, except where expressly exempt by any provisions of this chapter.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.119, § 1, 8-24-10)

Editor's note— Sec. 3 of Ord. No. NS-1203.119 allows for an effective date of Oct. 1, 2010, and states: "This ordinance shall not apply to discretionary land-use applications that include house plans (floor plans and elevations) that have been deemed complete or approved prior to October 1, 2010 ("Grandfathered Projects"), or for which a building permit application has been accepted by the Building Inspection Officer prior to October 1, 2010 ("Grandfathered Projects"). For the purpose of rebuild/remodel determinations, a property owner may elect to have a Grandfathered Project be governed by the rebuild/remodel provisions that take effect on October 1, 2010 or the rebuild/remodel provisions that were in effect immediately prior thereto."

Sec. C12-308. - Pre-application review for building site approval.

Prior to filing an application for single building site approval, an applicant may file an application for preapplication review, which shall be for the purpose of preliminarily determining the feasibility of the proposed project and identifying potential development constraints.

At the conclusion of staff review of a prescreening application, which may include field investigation, the Planning Office shall provide the applicant with a consolidated report identifying potential development constraints to the extent those constraints can be identified based on the information provided during the pre-application process and, for projects which appear feasible, outlining possible conditions of single building site approval.

Applications for pre-application review shall be filed with the Planning Office and shall be accompanied by a fee in an amount prescribed by the Board of Supervisors.

(Ord. No. NS-1203.59, § 1, 3-2-82; Ord. No. NS-1203.76, § 2, 9-10-85; Ord. No. NS-300.791, § 8, 4-22-08)

Sec. C12-309. - Exemption for certain additions and alterations.

(a)

Building site approval shall not be required for additions of 500 square feet or smaller, provided that any such addition that would cumulatively exceed 500 square feet when combined with the floor area (square feet) of all additions permitted after March 2, 1982, shall be subject to building site approval.

(b)

Any addition done as part of an alteration project that is classified as rebuild, per Section C1-22, shall be subject to building site approval.

(c)

Additions and alterations to existing dwellings on lots ten acres or larger located outside of a city's urban service area shall be exempt from building site approval, except that any alteration project that is classified as rebuild (per Section C1-22) shall be subject to building site approval.

(Ord. No. NS-1203.59, § 2, 3-2-82; Ord. No. NS-1200.301, § 6, 10-30-01; Ord. No. NS-1203.119, § 2, 8-2410)

Editor's note— See editor's note following Section C12-307.

Sec. C12-309.1. - Exemption for Stanford University.

Dwellings located on the lands of Stanford University shall be exempt from the building site approval process, however certain types of residential development may be subject to other approval processes.

(Ord. No. NS-1200.301, § 8, 10-30-01)

Sec. C12-309.2. - Exemption for certain urban districts.

Building site approval shall not be required for lands within any R1 or R2 zoning district, provided that:

(1)

The land is not located in any R1 zoning district to which a -n 1 combining zoning district applies. Lands located in any R1 zoning district to which a -n 1 combining zoning district applies are not eligible for the exemption from building site approval pursuant to this section.

(2)

Any required clearances and documentation from County departments and agencies are obtained prior to issuance of building permit for any new residence, any alteration project that is classified as "rebuild" pursuant to Section C1-22, or any addition that cumulatively exceeds 500 square feet when combined with the floor area of all additions permitted after March 2, 1982. The required clearances include, but are not limited, to the following:

a.

Clearance and documentation from the Department of Roads and Airports demonstrating that any dedications, improvements or other requirements required by Section C12-317 have been satisfied.

b.

Clearance and documentation from the Department of Planning and Development, Division of Land Development Engineering demonstrating that any dedications or improvements required by Sections C12323 through C12-327 have been satisfied.

c.

Clearance and documentation from any other department or agency demonstrating that any prerequisites required by Sections C12-315 and C12-316 have been satisfied.

(Ord. No. NS-1203.121, § 1, 8-5-14)

Editor's note— Secs. 4 and 5 of Ord. No. NS-1203.121 state: "This Ordinance shall take effect September 5, 2014. Any active or expired building site approval having an expiration date between September 5, 2012 and September 4, 2016, shall be automatically granted an additional two-year extension to the expiration date most recently in effect."

Sec. C12-309.3. - Exemption for replacement of a residence destroyed by casualty or condemnation.

Single building site approval shall not be required for replacement of part or all of a single-family residence destroyed by casualty such as fire, flood, earthquake or other natural event or by demolition pursuant to a condemnation order issued by the Building Inspector under the following conditions:

(a)

The original residential structure was lawfully constructed with appropriate building permits if required at the time it was built.

(b)

An application for a building permit to construct the replacement residential structure is filed within two years of the date of the destruction of the original structure. The exemption provided by this section, however, shall not be applicable to any subsequent building permit application filed after the foregoing twoyear period expires if the initial application referred to above is abandoned or if any building permit issued thereunder is revoked or lapses.

(c)

The replacement residential structure will be sited on the lot in such a manner as best fulfills current County requirements.

(d)

The area of the replacement residential structure is not more than 500 square feet greater than the area of the original structure.

(e)

The replacement residential structure shall be constructed in accordance with current building code and health and safety requirements. Variances from these standards may be granted by the appropriate County authority when the site conditions make it infeasible to comply with such requirements. Under no circumstances shall a replacement residential structure be allowed where public health and safety would be endangered.

(Ord. No. NS-1203.80, § 1, 10-28-86; Ord. No. NS-1200.301, § 7, 10-30-01)

Cross reference— Health and welfare administration, Div. A18; buildings generally, Div. C3.

Sec. C12-310. - Previously approved site.

(a)

This is a site which has either been previously approved by the County and which approval has not expired, or is a whole lot or parcel shown as an approved building site on a parcel map or numbered tract subdivision map filed in the office of the County Recorder. The Central Permit Counter will review the site development plan for zoning, building setbacks, on-site drainage, proposed sewage system, water supply, proposed grading, required street encroachment permits, and the location in relation to official geologic maps.

(b)

If the site requires a separate grading permit or field investigation and review by other departments or agencies, a master file will be established and the application referred to affected departments and agencies.

(c)

If no additional site review or field investigation is required, building plans will be accepted and transmitted to the Building Inspection Department for approval. After plans have been approved by the Building

Inspector and all conditions met, the Central Permit Office shall issue the building permit.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-311. - Reserved.

Editor's note— Section C12-311, relating to review of a site not previous reviewed, was repealed by § 3 of Ord. No. NS-1203.98, adopted July 11, 1989. The section had been derived from Ord. No. NS-1203.35, § 3, adopted Mar. 13, 1978, and Ord. No. NS-1203.81, § 2, adopted Dec. 16, 1986.

Sec. C12-311.1. - Reserved.

Editor's note— Section C12-311.1, regulating parcels divided after Feb. 3, 1986, by means other than by subdivision, derived from Ord. No. NS-1203.81, § 3, adopted Dec. 16, 1986, was repealed by § 2 of Ord. No. NS-1203.93, adopted Apr. 4, 1989. See § C12-242.

Part 3. - Distribution and Reports

Sec. C12-312. - Generally.

The Central Permit Office shall distribute appropriate application information to various County departments and agencies, to any city in accordance with current County referral procedures, and other affected public agencies as determined by the Central Permit Office. The various departments will conduct their field investigations as necessary and submit a written report to the Land Development Coordinator listing the conditions that are necessary to develop the subject site and meet the requirements and standards of this division. If any of the referral agencies do not respond within the time limits established by the Land Development Coordinator, Planning Commission or Board of Supervisors, it shall be deemed that they have no conditions for the proposed development.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-313. - Modification of application.

Subsequent to distribution of application information as required by Section C12-312, any modification of the application initiated by the applicant shall be subject to the payment of a fee in an amount prescribed by resolution of the Board of Supervisors. In the event that the applicant submits a request to modify the application, the Land Development Coordinator may require that the application be resubmitted. The required resubmission of an application shall not affect the effective time of filing defined in Section C12306.

(Ord. No. NS-1203.48, § 4, 2-25-80)

Sec. C12-314. - Reserved.

Sec. C12-315. - Environmental Management Agency review.

(a)

Environmental health services. Upon receipt of the application and site development plan, the County Health Officer shall review the site with respect to the proposed sewage disposal, the domestic water

system and existing and projected noise sources and noise levels in compliance with the County Noise Element of the General Plan.

(b)

Fire Marshal. Upon receipt of the application and site development plan, the agency responsible for providing fire protection to the proposed site or the Fire Marshal, or both, shall review the proposed site with respect to requirements relating to fire protection.

(c)

Land development engineering and surveying. Upon receipt of the application and site development plan, the County Surveyor shall review the proposed site including, but not limited to survey, existing and proposed right-of-way and easements, drainage, existing and proposed street patterns, traffic circulation, structural and geometric design, curves and grades of streets, erosion control, sewers, grading, geology, underground utilities, and street lighting.

(d)

Planning. Upon receipt of the application and site development plan, the Planning Department shall review the proposed site including, but not limited to conformance with the General Plan, specific plans, official plan lines, off-street parking, tree planting and preservation, conformance with the Zoning Ordinance and neighborhood compatibility.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-316. - Santa Clara Valley Water District.

Upon receipt of the application and site development plan, the Santa Clara Valley Water District shall investigate the effect of the proposed site upon flood-control channels and water pipeline transmission facilities or Development Coordinator stating whether the site conforms with the prescribed standards of the district and whether any substantial flooding hazard will be created or result from the proposed site development. The district shall recommend to the Land Development Coordinator conditions to be met relative to flood control channels, projects, permits, minimum lot elevations, right-of-way requirements, and applicable provisions of this chapter.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-317. - Transportation Agency.

Upon receipt of the application and site development plan, the Director of Transportation shall review the proposed site with respect to street right-of-way and improvements, traffic circulation, storm drainage, traffic safety, structural and geometric design, curves and grades of streets, erosion control, plantings, underground utilities and street lighting. Dedication and improvement requirements will be in compliance with the "Future Width Line Study" prepared by Ruth and Going and adopted by the Board, as amended from time to time. The Director of Transportation shall make a written report to the Land Development Coordinator stating the conditions required pursuant to this chapter.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 4. - Report Acceptance; Permit Issuance

Sec. C12-317.1. - Generally.

The Land Development Coordinator will prepare a consolidated report and mail it to the applicant within 21 calendar days of the filing of the application subject to an extension of time established by mutual consent between the applicant and the Land Development Coordinator or within ten calendar days after receipt by the Land Development Coordinator of the reports by the referral agencies. If the applicant accepts the report and conditions, one copy of the accepted conditions shall be signed and returned together with the building plans for plan review. Once the building plans have been reviewed and approved by the Building Inspector and all other conditions complied with, the Central Permit Office shall issue the building permit.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 5. - Report Rejection; Meeting Scheduled

Sec. C12-318. - Generally.

If the applicant disagrees with the report, the applicant shall return a copy noting those conditions of disagreement. A meeting will then be scheduled between the applicant, the affected departments, and the Land Development Coordinator. Within seven calendar days after this meeting, a final report will be mailed to the applicant.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.114, § 1, 5-20-08)

Part 6. - Time to Complete

Sec. C12-319. - Approval term.

Building site approval and conditions shall remain valid for four years. During this period, the conditions of approval must be completed and a building permit issued. Requests for extensions of time shall be in writing by application to the Planning Office and shall be accompanied by a fee in an amount prescribed by resolution of the Board of Supervisors. Extensions of time may be granted by the Planning Office for a period of time not exceeding two years beyond the initial four-year period.

(Ord. No. NS-1203.121, § 2, 8-5-14)

Editor's note— Sec. 2 of Ord. No. NS-1203.121, adopted Aug. 5, 2014, amended § C12-319 in its entirety to read as herein set out. Former § C12-319 pertained to the period of approval and extensions, and derived from Ord. No. NS-1203.35, adopted Mar. 13, 978; Ord. No. NS-1203.48, adopted Feb. 25, 1980; and Ord. No. NS-1203.64, adopted Mar. 8, 1983.

Secs. 4 and 5 of Ord. No. NS-1203.121 state: "This Ordinance shall take effect September 5, 2014. Any active or expired building site approval having an expiration date between September 5, 2012 and September 4, 2016, shall be automatically granted an additional two-year extension to the expiration date most recently in effect."

Part 7. - Appeal Procedure

Sec. C12-320. - Reserved.

Editor's note— Section C12-320, relating to appeals to the County Planning Commission, derived from Ord. No. NS-1203.35, § 5, adopted Mar. 13, 1975, and Ord. No. NS-1203.42, § 7, adopted Jan. 8, 1979, was repealed by § 2 of Ord. No. NS-1203.57, adopted July 7, 1981.

Sec. C12-321. - Appeal to the Board of Supervisors.

(a)

Any person dissatisfied with the decision of the Land Development Coordinator may file an appeal within 15 calendar days after the decision of the Land Development Coordinator. Appeals shall be filed with the Planning Office and shall include a filing fee in an amount established by the Board of Supervisors. The Planning Commission shall hear the matter de novo and approve or deny the application, with or without modification to the conditions of approval. The Planning Commission shall not have jurisdiction to consider any issues that fall within the jurisdiction of the Code Enforcement Appeals Board pursuant to Division C2 of this Code.

(b)

Any person dissatisfied with the decision of the Planning Commission may file an appeal within 15 calendar days after the decision of the Planning Commission. Appeals shall be filed with the Planning Office and shall include a filing fee in an amount established by the Board of Supervisors. The Board of Supervisors shall hear the matter de novo and approve or deny the application, with or without modification to the conditions of approval. The decision of the Board of Supervisors on appeal is final.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.42, § 8, 1-8-79; Ord. No. NS-1203.57, § 3, 7-7-81; Ord. No. NS-1203.114, § 2, 5-20-08)

Sec. C12-322. - Appeal of conditions of Santa Clara Valley Water District.

Where an appeal is made pertaining to a flood-control dedication, it shall be filed at the Central Permit Office within 15 calendar days and shall be referred to the board of directors of the water district for review and recommendation to the appeal body as provided in this chapter. Such review shall be made at a meeting at which notice has been given to all parties to the appeal.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.57, § 4, 7-7-81)

ARTICLE 3. - REQUIREMENTS Part 1. - Dedication

Sec. C12-323. - Dedication requirements.

Dedication shall be limited to a 30-foot half-street. In cases where more than a 30-foot half-street right-ofway is needed in order to conform to the Circulation Element of the General Plan, adopted official plan lines, proposed plan lines of the County, adopted expressway and freeway routes or city plan lines not in conflict with the County, appropriate setbacks may be required. When the site is traversed by or abuts

flood-control facilities as defined in Resolution No. 74-71 and Ordinance 74-1 of the Santa Clara Valley Water District, dedications in fee or in easement may be required to the Santa Clara Valley Water District as provided in the document entitled "Policy and Guidelines for Dedication and Reservation of Lands Needed for Flood Control Purposes" adopted by the district board of directors and the Santa Clara County Board of Supervisors in 1973.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 2. - Improvements

Sec. C12-324. - Improvement requirements.

Improvement requirements shall be limited to those improvements which are directly related to the proposed development and consistent with similar improvements in the immediate area. When improvements are required, the provisions of Chapter 1 of the County of Santa Clara Subdivision Ordinance shall apply, and in no event shall improvement requirements exceed those provisions. In situations where a grading permit is required, the improvements may be incorporated in the grading plan and permit, at the discretion of the County Surveyor. The County Surveyor may defer street and drainage improvements or require stage improvements commensurate with the development pattern of the neighborhood and with traffic needs for safe and adequate access. The stage improvement design shall take into consideration the number of existing and potential building sites making allowance for future divisions of land. When the County Surveyor determines that the installation of the improvement should be deferred, he may require the property owner to enter into a agreement with the Board of Supervisors pertaining to such deferred improvements.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-325. - Underground utilities.

The provisions of Chapter I, pertaining to underground utilities, shall apply to single building sites. Undergrounding generally shall be limited to on-site work, unless the off-site work can be coordinated with undergrounding to serve other properties in the immediate area.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-326. - Legal access.

The applicant shall demonstrate that the property has legal access sufficient to meet County access and improvement requirements.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-327. - Surveying and map requirements.

Field surveying may be required by the County Surveyor as necessary to determine topographic conditions and to locate easements and property lines. If a survey is performed which establishes points or lines of ownership, a record of survey conforming to the requirements of the Land Surveyor's Act, or a parcel map conforming to the requirements of Chapter I, shall be prepared and submitted for approval and recording.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 3. - Noise Attenuation Measures

Sec. C12-328. - Generally.

The existing and projected noise sources and associated noise levels will be evaluated and noise attenuation measures required in accordance with noise standards contained in the adopted Santa Clara County Noise Element of the General Plan.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-329. - Reserved. Part 4. - Soils Report

Sec. C12-330. - Preliminary.

A preliminary soils report, prepared by a civil engineer who is registered in the State of California, and based upon adequate test borings or excavations, shall be required for every building site.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-331. - Waiver of soils report.

The preliminary soils report may be waived if the Building Official determines that due to the knowledge he has, as to the qualities of the soils on the subject site, no preliminary analysis is necessary.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-332. - Further investigation of soils report.

If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a more detailed soils investigation may be required prior to final approval.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 5. - Geologic Report

Sec. C12-333. - Geologic report.

Site investigations and geologic reports shall be in compliance with the Santa Clara County Geologic Ordinance.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Sec. C12-334. - Reserved. Part 6. - Fees

Sec. C12-335. - Filing fee.

The filing fee shall be an amount established by the Board of Supervisors.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.42, § 9, 1-8-79; Ord. No. NS-300.791, § 9, 4-22-08)

Sec. C12-336. - Construction inspection and plan check fee.

The fees required will be as outlined in Chapter 1 of this division.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Part 7. - Improvement Agreement and Securities

Sec. C12-337. - Requirements.

The agreements and securities required shall be as outlined in Chapter I of this division. For on-site improvements, the Director of Planning and Development, or his or her designee, may reduce the initial improvement security amount based on the severity of any potential hazardous condition.

(Ord. No. NS-1203.35, § 5, 3-13-78; Ord. No. NS-1203.121, § 3, 8-5-14)

Editor's note— Secs. 4 and 5 of Ord. No. NS-1203.121 state: "This Ordinance shall take effect September 5, 2014. Any active or expired building site approval having an expiration date between September 5, 2012 and September 4, 2016, shall be automatically granted an additional two-year extension to the expiration date most recently in effect."

Sec. C12-338. - Modification of approved plan.

Upon written application to the Land Development Coordinator, modifications of single building site approval may be made by the Land Development Coordinator. Applications for modifications shall be accompanied by a fee in an amount prescribed by resolution of the Board of Supervisors.

(Ord. No. NS-1203.48, § 5, 2-25-80)

Sec. C12-339. - Time for filing improvement plans.

In order that the improvement plans may be adequately checked prior to the expiration date of the single building site approval, they shall be filed with the County Surveyor's office not less than three weeks prior to said expiration date.

(Ord. No. NS-1203.95, § 2, 4-18-89)

Sec. C12-339.1. - Staying of the single building site approval.

This provision shall apply only one time, at the time of the initial complete submittal to the County Surveyor's office for plan check if:

(1)

An extension of time has been granted in accordance with Section C12-319.

(2)

The filing is in accordance with the provisions of Section C12-339, or is in the County Surveyor's office at the time of adoption of this section, or is submitted to the County Surveyor's office within three weeks after the adoption of this section.

(3)

The County Surveyor shall determine if there has been a complete submittal in accordance with these provisions and all other applicable regulations.

In all cases which meet these requirements, the time remaining prior to expiration of the single building site approval shall be stayed until the County Surveyor has had an opportunity to check the plans in the accordance with applicable procedures. Once the County Surveyor has completed his plan check, the remaining time left on the single site approval immediately recommences to run.

(Ord. No. NS-1203.96, § 2, 4-18-89)

ARTICLE 4. - DENIAL OF PERMIT

Sec. C12-340. - Denial of permit.

No building permit shall be issued to develop any real property which has been divided or developed, or which has resulted from a division or development, in violation of the provisions of the County Subdivision Ordinance, County Grading Ordinance [Chapters I and III of this division] and all other applicable County ordinances as determined by the Land Development Coordinator. This authority to deny a building permit shall apply whether the applicant was the owner of the real property at the time of such violation, or whether the applicant is the current owner of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of the applicant's interest in such real property. The Land Development Coordinator may authorize the issuance of a building permit upon the imposition of conditions reasonably related to the applicant's property.

(Ord. No. NS-1203.35, § 5, 3-13-78)

Secs. C12-341—C12-350. - Reserved. ARTICLE 5. - BUILDING APPROVAL ON SLOPES EXCEEDING THIRTY PERCENT[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. NS-1203.125, adopted Dec. 13, 2016, amended Art. 5 in its entirety to read as herein set out. Former Art. 5 pertained to the same subject matter, consisted of §§ C12-350.1—C12-350.7, and derived from Ord. No. 1203.102, adopted July 24, 1990; Ord. No. NS-1200.318, adopted Mar. 28, 2006; and Ord. No. NS-300.731, adopted Apr. 22, 2008.

Sec. C12-350.1. - Intent and application.

The County discourages development on slopes of 30 percent or more due to the additional site constraints and challenges typically occurring in such hillside environments, including but not limited to

steep terrain, geologic and seismic hazards, difficulties in designing and constructing safe and sustainable onsite wastewater systems, meeting access standards for regular and emergency vehicles, potentially significant tree removal, and the need for significant grading, terrain alteration, and retaining walls. Consequently, building site approval on slopes 30 percent or more shall only be granted where the parcel has no feasible alternative location for development on slopes less than 30 percent, all necessary health and safety issues are adequately addressed, and the resulting visual impacts of such development are addressed or mitigated through appropriate conditions. By establishing these additional review and regulatory standards for development of parcels on areas of 30 percent slope or more, the intent of this Article is to ensure that such development conforms to the County General Plan policies, demonstrates maximum health and safety protection and preservation of the natural environment, ensures that

development does not result in unsafe or unsustainable conditions, and avoids or mitigates potentially significant environmental impacts.

These requirements shall apply to all lands zoned R1E One-Family Residence-Estate zoning districts, RHS Urban Hillside Residential zoning districts, and HS Hillside zoning districts as defined in the County of Santa Clara Zoning Ordinance, Appendix I, County Ordinance Code.

(Ord. No. NS-1203.125, § 1, 12-13-16)

Sec. C12-350.2. - Terms and definitions.

Unless otherwise expressly stated, the following definitions are applicable to this Article:

(a)

Perspective views of proposed buildings means architectural renderings, drawings, or other similar electronically produced visualizations of the proposed residence and accessory structures proposed for development showing the structure(s) as they would appear after construction with final grades in multidimensional space.

(b)

Proposed development area means the area delineated for the location of a primary residence, including any and all residential accessory structures, secondary dwellings, tennis courts, swimming pools, decks, patios and similar accessory uses, onsite wastewater treatment and disposal systems, road and driveway access improvements, including turnouts, turnarounds, and parking areas, with an additional 25 feet of area immediately surrounding all such component features, as delineated on project site plans.

(c)

Average slope means the natural slope of the land within the proposed development area based upon topographic surveys by a licensed surveyor or engineer and calculated as defined in Section C12-5.20(g) of the Subdivision Ordinance of the County Ordinance Code.

(d)

Story poles mean to-scale frameworks of wood framing materials or metal poles depicting the on-site location, height and massing of a proposed structure, as further described in the Zoning Ordinance,

Chapter 5.50: Design Review, and the County's Story Pole guidelines.

(Ord. No. NS-1203.125, § 1, 12-13-16)

Sec. C12-350.3. - Application requirements and department review.

(a)

All applications for building site approval subject to the requirements of this Article shall include accurate, detailed topographic data (contours) on the site plan. The average slope of the proposed development area shall be calculated by a licensed land surveyor or registered civil engineer. The calculation shall be provided on the site plan, and shall be accompanied by a signed professional stamp or seal of the licensed land surveyor, or registered civil engineer. Where such licensed land surveyor or registered civil engineer can determine with reasonable certainty that the average slope of the proposed development area does not exceed ten percent, a statement such as: "Based on [topographic data source] and confirmed by field observation at the project site, the average slope of the proposed development area does not exceed ten percent," shall suffice in lieu of a calculation.

(b)

All applications for building site approval on slopes of 30 percent or more shall comply with the following submittal requirements:

(1)

Full sets of floor plans, elevations, structural cross sections, perspective views, and other pertinent architectural design information, including facade treatments, roofing materials, and related design components;

(2)

Geologic reports as required by the Chapter IV, Geologic Provisions, of Division C12 of the County Ordinance Code, supplemented by soils and geotechnical reports for foundational and wastewater treatment and disposal systems designs;

(3)

Civil engineering plans for all site engineering improvements and retaining walls systems;

(4)

Drainage plans, and erosion and sedimentation control plans, as needed in accordance with any applicable federal, state, or county requirements;

(5)

Tree removal, protection, and/or replacement plans in accordance with the requirements of any zoning district in which the property is located, the County Tree Preservation and Removal Ordinance, and state regulations;

(6)

Application for environmental review and clearance in accordance with the California Environmental Quality Act (CEQA); and

(7)

Application fees in amount established by resolution of the Board of Supervisors.

(c)

All applications for building site approval subject to the provisions of this Article shall be distributed, reviewed and conditioned as stated in Section C12-311 of Chapter II, Article 2 of the County Ordinance Code to secure the purposes of this Article and to ensure consistency with applicable policies of the County General Plan. An approval may include reasonable conditions that are commensurate with the nature and magnitude of the project and designed to accomplish the purpose of this Article and applicable policies of the County General Plan.

(d)

A formal pre-application meeting between the applicant and staff shall be required prior to submittal of an application for site approval for development on slopes of 30 percent or more.

(Ord. No. NS-1203.125, § 1, 12-13-16)

Sec. C12-350.4. - Procedure.

(a)

The Zoning Administrator shall consider and act upon the application for building site approval at a public hearing and pursuant to the findings in Section C12-350.5.

(b)

Notice of a public hearing shall be provided to all property owners whose property is located within 300 feet of the exterior boundary of the subject property, unless such properties number less than 24 individual properties, in which case, noticing shall include sufficient additional properties to meet or exceed 24 individual properties.

(Ord. No. NS-1203.125, § 1, 12-13-16)

Sec. C12-350.5. - Findings.

The Zoning Administrator may grant building site approval for development on slopes of 30 percent or greater if all of the following findings are made:

(a)

The project meets or exceeds the requirements of any applicable County agency or other affected public agency and conforms to all applicable development standards;

(b)

The project integrates design solutions to all site or development constraints satisfying the requirements and standards for all reviewing and responsible agencies;

(c)

The project cannot be located on portions of the lot with less than 30% slope; and

(d)

The overall site design, including but not limited to access roads and driveways, retaining walls, architectural quality, landscaping, tree preservation, grading and erosion control, and landscaping, is in harmony with the natural landscape and environment and topography, demonstrates efficiency in terms of the extent and nature of proposed access or other improvements, minimizes overall grading and terrain alteration, and reasonably mitigates the visual impacts of development.

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

(Ord. No. NS-1203.125, § 1, 12-13-16)

Sec. C12-350.6. - Appeals.

(a)

Any person dissatisfied with the decision of the Zoning Administrator may file an appeal within 15 calendar days after the decision. Appeals shall be filed with the Planning Office and shall include a filing fee in an amount established by the Board of Supervisors. The Planning Commission shall hear the matter de novo and approve or deny the application, with or without modification to the conditions of approval.

(b)

Any person dissatisfied with the decision of the Planning Commission may file an appeal within 15 calendar days after the decision of the Planning Commission. Appeals shall be filed with the Planning Office and shall include a filing fee in an amount established by the Board of Supervisors. The Board of Supervisors shall hear the matter de novo and approve or deny the application, with or without modification to the conditions of approval. The decision of the Board of Supervisors on appeal is final.

(Ord. No. NS-1203.125, § 1, 12-13-16)

Secs. C12-351—C12-399. - Reserved. CHAPTER III. - GRADING AND DRAINAGE[[4]]

Footnotes:

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Editor's note— Ord. No. NS-1203.120, adopted Apr. 9, 2013, amended Ch. III in its entirety to read as herein set out. Former Ch. III pertained to similar subject matter, consisted of §§ C12-400, C12-405—C12417, C12-420—C12-438, C12-443—C12-445, C12-450, C12-455—C12-461, C12-465—C12-472, C12-475 —C12-479, C12-483, C12-488—C12-501, C12-505, C12-510, C12-511, C12-515—C12-527, C12-531—

C12-540, C12-545—C12-556, and derived from Ord. No. NS-1203.109, adopted Jan. 9, 2001; Ord. No. NS-1203.110, adopted Sept. 5, 2001; Ord. No. NS-300.791, adopted Apr. 22, 2008; Ord. No. NS-1203.114, adopted May 20, 2008; and Ord. No. NS-1203.116, adopted Jan. 26, 2010.