Santa Clara County Municipal Code § 5.50.010 Purpose

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

The design review procedure shall be required:

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

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

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

D. When mandated by the zoning ordinance for certain land uses.

(Ord. No. NS-1200.367, § 17, 6-19-18)

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

(Ord. No. NS-1200.320, § 5, 8-29-06)

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

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

B. Compatibility with the natural environment;

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

D. Compatibility with the neighborhood and adjacent development;

E. Compliance with applicable zoning district regulations; and

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

(Ord. No. NS-1200.336, § 3, 12-18-12)

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

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

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

C. Accessory dwelling units;

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

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

F. Fences three feet or less in height;

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

H. Retaining walls that are not subject to a grading permit;

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

J. Swimming pools;

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

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

M. Urban Primary Units as allowed in § 4.10.387; and

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

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

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

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

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

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

C. Accessory dwelling units;

D. Decks that exceed 1,000 square feet in area;

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

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

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

H. Urban Primary Unit as allowed in § 4.10.387; and

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

(Ord. No. NS-1200.320, § 7, 8-29-06; Ord. No. NS-1200.323, § 15, 1-29-08; Ord. No. NS-1200.327, § 20, 2-9-10; Ord. No. NS-1200.336, § 4, 12-18-12; Ord. No. NS-1200.371, § 18, 3-10-20; Ord. No. NS-1200.383, § 14, 1-24-23)

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

(Ord. No. NS-1200.317, § 14, 6-8-04)

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

(Ord. No. NS-1200.317, § 15, 6-8-04)