Santa Clara County Municipal Code Art. 2 Rebuild Threshold for Residential Alteration

(a) Intent. The intent of this section is to establish a rebuild threshold for residential alteration projects that would determine the applicability of certain permitting procedures and requirements. A residential project classified as "rebuild" pursuant to this section shall be treated as a new residence.

(b) Rebuild threshold. Alterations that result in demolition of more than 50 percent of the lineal feet of existing legally established exterior and interior walls shall be classified as a "rebuild." Additional demolition is only allowed pursuant to Section C1-22(f). The term "walls" as used herein includes vertical construction that partitions or encloses a building, and any other structural components below the roof portion and above the foundation portion.

(c) Demolition Plan. Any project proposing demolition or partial demolition shall include a demolition plan submitted with the building permit application that meets the following minimum requirements:

1. Provide total lineal footage of all existing legally established exterior and interior walls.

2. Label and identify the total lineal footage of each wall proposed to be demolished.

3. Label and identify the total lineal footage of each wall proposed to remain.

4. Provide a table that documents the total lineal footages of (1), (2), and (3) separately.

(d) Cumulative alterations. All cumulative alterations to a building within the previous two years shall be included when determining whether the scope of work constitutes a remodel or a rebuild.

(e) Acknowledgement of scope. Building permit applicants shall provide a signed acknowledgement form when the proposed demolition work is within ten percent of the rebuild threshold set forth in Section C1-22(b). Such acknowledgement shall indicate that the applicant is aware of the scope of the project and will only perform or allow work within that scope unless a building permit revision is subsequently authorized by the County. The form shall further require that any construction defects or damages discovered after construction has begun shall be promptly reported to the Building Inspection Office.

(f) Special consideration for unforeseen defects and damages. If construction defects or damages (e.g., pest or water damage) are discovered after construction has started that were not predictable or known by ordinary means, including, but not limited to, such pest damage reports and other inspections and precautions, construction work shall cease immediately and the Building Inspection Division shall be notified within three business days of discovery. The Planning Manager, in consultation with the building official, shall review the unforeseen defects or damages and may allow the rebuild threshold to be increased by up to an additional ten percent of the total existing exterior and interior walls to account for unforeseen defects and damages.

(Ord. No. NS-1100.113, § 2, 8-24-10; Ord. No. NS-1100.136, § 2, 12-13-22)

Editor's note— Sec. 3 of Ord. No. NS-1100.113 allows for an effective date of October 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."