Santa Clara County Municipal Code Art. 4 Properties Subject to Annexation

Footnotes:

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Editor's note— Section 1 of Ord. No. NS-1100.59, adopted Feb. 3, 1981, repealed Art. 4, §§ C1-52—C1-56, relating to annexation, derived from Code 1954, § 11.1.5-1; Ord. No. NS-1100.14, 11, adopted Sept. 21, 1959; and Ord. No. NS-1100.38, § 1, adopted Nov. 2, 1971. Section 2 of Ord. No. NS-1100.59 enacted a new Art. 4, § C1-52.

(a) No application for a building permit, single building site approval or subdivision shall be accepted for filing for any parcel of land within a city's urban service area and which is:

(1) Contiguous to the city; or

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

(3) Located within territory entirely surrounded by one or more cities and adjoining a portion of a public street or highway which is no more than 300 feet in length connecting the parcel to territory within the city;

unless a petition or resolution initiating annexation of the parcel to such city has been filed with the appropriate local agency and denied, or unless the city council or its planning director has, in writing, waived the provisions of this section.

(b) This section shall not prevent the filing of any application for, or a modification of, a zone change or permit for any or all of the following:

(1) Remodel or addition to an existing single-family residence and construction of new accessory structures (including swimming pools and subordinate secondary dwelling units) for an existing single-family residence;

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

(3) Replacement of a structure because of condemnation proceedings;

(4) Minor alterations of or additions to existing duplexes, multifamily dwellings, commercial and/or industrial structures and uses and construction of minor accessory structures and parking areas for any of the foregoing existing structures and uses.

(c) For the purpose of (b)(4) above, "minor" shall mean changes which do not substantially alter or significantly intensify the existing primary land use. Such determination shall be made mutually by the Planning Directors or their designees of the County and the affected city within ten days of the applicant's written request for a determination. Upon their failure to agree, the matter shall be referred to the members of the local agency formation commission, which shall henceforth constitute the County reviewing body. The determination of this reviewing body shall be final.

(d) This section shall not prevent the filing of applications for a building permit on any parcel with one or more of the following currently valid approvals or permits: single building site approval, architectural and site approval, for a use authorized under a use permit, an approved building site on a parcel map or final map.

(e) This section shall not apply to lands owned by the County or to educational facilities and facilities incidental to the operation of an educational institution, including, but not limited to, housing for students, faculty and staff thereof, provided such educational institution owns more than 2,000 contiguous acres of land and provided such facilities are supplied with services essentially equivalent to those typically provided by cities, such as sewers, storm drains, water, police and fire protection, and parks and recreation, which determination shall be made by the Planning Director.

(Ord. No. NS-1100.59, § 2, 2-3-81; Ord. No. NS-1100.61, § 1, 8-10-81; Ord. No. NS-1100.64, § 1, 4-19-83; Ord. No. 1100.65, § 1, 11-29-83; Ord. No. NS-1203.69, §§ 1, 2, 7-24-84; Ord. No. NS-1203.75, § 1, 7-23-85; Ord. No. NS-300.647, § 2, 1-23-01; Ord. No. NS-1200.309, § 4, 1-28-03)

In the event that unincorporated territory of the County is annexed to a city and jurisdiction over such territory reverts to the County pursuant to Government Code § 35004 [now repealed] while the validity of the annexation proceedings is examined in court, the following policies shall apply to the development of properties within such territory;

(1) Whenever a development project has received final discretionary approval by a city prior to reversion of jurisdiction pursuant to Government Code § 35004 [now repealed], if the underlying land use is allowed in the zoning district in which the property is located, the County shall accept such approval and allow the project to proceed subject to fulfillment of any conditions established by the city and inspections, utility hookups and other ministerial actions normally taken or required by the County for the completion of the project. County departments shall charge fees for services provided to such development projects in accordance with fee schedules adopted by the Board of Supervisors.

(2) If an application for a development project has been filed with a city but the city has not granted final discretionary approval to the project prior to reversion of jurisdiction pursuant to Government Code § 35004 [now repealed], a new application may be filed with the County notwithstanding the provisions of Section C1-52 of this article. When there is no conflict with adopted County standards, the land development policies, standards and decisions of the annexing city shall be used as the primary guide for actions taken on such development projects.

(3) For the purposes of this section, "development project" means any activity involving the issuance of a permit or other entitlement for the use or division of any parcel of land or for the erection, installation, construction, reconstruction, modification or repair of any structure or improvement on land or for the grading or removal of materials on real property. "Development project" does not include zone changes.

(Ord. No. NS-1100.60, § 1, 3-16-81)