Santa Clara County Municipal Code Art. 7 Gift Deeds

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)

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)

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)