Part III — Common Provisions

A.

Successors in interest. Whenever one operator succeeds to the interest of another in any incompleted surface mining operation by sale, assignment, transfer, conveyance, exchange, or other means, the

successor shall be bound by the provisions of the approved use permit, if applicable, the approved reclamation plan, the provisions of the zoning ordinance, and the provisions of SMARA (SMARA Section 2779).

B.

Fees. Fees for any of the review, reports, inspections, hearings or other procedures required or authorized pursuant to this Section 4.10.370 shall be established by resolution of the Board of Supervisors which may be amended from time to time and shall reflect the reasonable costs incurred by the County.

C.

Violations and penalties. The Planning Director, the Planning Director's designee, or such other person(s) as may hereafter be designated by the Board of Supervisors shall enforce the provisions of this chapter.

1.

Failure to comply with approved Reclamation Plan. If the County, based upon an annual inspection or otherwise confirmed by an inspection of the mining site, determines that a surface mining operation is not in compliance with its approved Reclamation Plan, the County shall follow the procedures in SMARA Sections 2774.1 and 2774.2 concerning violations and levying penalties of not more than $5,000.00 per day, assessed from the original date of noncompliance.

2.

Failure to comply with Use Permit. If the County, based upon an annual inspection or otherwise confirmed by an inspection of the mining site, determines that a surface mining operation is not in compliance with its use permit the County may revoke, modify, or reaffirm the use permit and shall follow the procedures set forth in County regulations.

(Ord. No. NS-1200.317, § 20, 6-8-04; Ord. No. NS-1200.322, § 1, 6-19-07; Ord. No. NS-1200.340, § 2, 1126-13; Ord. No. NS-1200.359, § 9, 12-6-16; Ord. No. NS-1200.386, § 1, 6-4-24)

This section refers to uses classified as Temporary Residences during House Construction as described in Section 2.10.030. A mobile home, recreational vehicle (includes travel trailer), or an existing home on the property may be temporarily occupied during the construction of a dwelling, subject to all of the following provisions:

A.

Building permit. A building permit for the primary residence shall be issued prior to or concurrently with the approved occupancy of the temporary residence.

B.

Cash deposit. The applicant shall post a cash deposit of $5,000.00 to ensure timely removal or conversion of temporary dwelling (not required for travel trailer or recreational vehicle). A contract stipulating the terms

of the temporary unit and the deposit refund shall be signed by the applicant. A processing fee shall be required by the Planning Office.

C.

Termination. The temporary dwelling shall be removed from the premises (or converted to an approved non-habitable accessory building) within 90 days after the date of occupancy, at such time when no active building permits appertain to the project, or two years following the initial building permit issuance date for the proposed new house, whichever occurs first.

D.

Sewage disposal. Temporary mobile homes or travel trailers shall be connected to the approved and installed septic system of the proposed new house, unless a sewer connection is available.

This section refers to uses classified as Temporary Agricultural Residence as described in § 2.10.030. One temporary agricultural residence may be located on a property with an on-site agricultural operation, including an agricultural operation that is under development, subject to all of the following provisions:

A.

Occupancy: At least one occupant shall be primarily engaged in an on-site agricultural operation or the development of an on-site agricultural operation. Family members of the person engaged in the on-site agricultural operation may also live in the residence

B.

On-site operations: The applicant shall demonstrate to the satisfaction of the Planning Director the existence of an on-site agricultural operation, or an acceptable plan to establish an agricultural operation, and the need for on-site employee housing in support of the existing or planned agricultural operation.

C.

Cash Deposit: The applicant shall post financial security with the Planning Office in the amount of $2,500.00 to ensure timely removal of the temporary agricultural residence.

D.

Termination: The temporary agricultural residence shall be removed from the property no later than five years after the planning clearance is issued for the residence.

E.

Water and Wastewater Treatment: All temporary agricultural residences shall be directly connected or have on-site access to approved water and wastewater treatment systems that comply with the Ordinance Code.

F.

Siting Requirements: The applicant shall provide a site plan as detailed in the planning clearance form. All temporary agricultural residences shall comply with all of the following requirements:

1.

All structures and improvements shall be located outside of a floodway, as designated by the Federal Emergency Management Agency and as delineated in the Flood Boundary and Floodway Map (see Ordinance Code § C12-804);

2.

All development shall occur on a legally established lot with legal access to a public road; and

3.

There shall be safe and adequate access for fire and emergency vehicles.

(Ord. No. NS-1200.375(10.20.2020), § 7, 10-20-20)

This section refers to uses classified as Urban Primary Unit as set forth in § 2.10.030. Such uses are subject to the following provisions:

A.

Intent. The intent of this section is to provide an additional form of housing within the urbanized singlefamily residential areas of the County. This section and all other provisions of the Zoning Ordinance and Ordinance Code are intended to be consistent with, and shall be interpreted in a manner consistent with, state law, including, but not limited to, Government Code Sections 65852.2, 65852.21, and 65852.22, as those laws may be amended from time to time. If any provision of the Zoning Ordinance or Ordinance Code is in conflict with state law, then state law shall control. Eligible parcels that have not been subdivided under an urban lot split, as described in section C12-44, may contain no more than one single-family residence, one ADU, one Junior ADU, and one Urban Primary Unit. Lots resulting from an urban lot split may contain no more than one single-family residence and one of the following: one Urban Primary Unit, one ADU, or one Junior ADU.

B.

General Provisions. All development proposed pursuant to the Urban Primary Unit use classification shall comply with all of the following provisions:

1.

No more than four total residential units are allowed per lot, inclusive of any residential units that may already exist on the lot. On any lot that resulted from an urban lot split as described in Section C12-44, no more than two total dwelling units, one single-family residence and one of the following: one Urban Primary Unit, one ADU, or one Junior ADU shall be allowed.

The parcel shall meet all of the following criteria:

a.

The parcel is an existing legal lot.

b.

The parcel is in a single-family residential zone.

c.

The parcel is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United State Census Bureau when the application is approved.

d.

The parcel does not contain prime farmland or farmland of statewide importance, as designated on maps prepared by the California Department of Conservation, and is not zoned or designated for agricultural protection or preservation by a local ballot measure.

e.

The parcel does not contain wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

f.

The parcel is not located within a historic district, nor is the parcel or any resources thereon listed or designated as historic by the County, state, or federal government. Parcels located in a -h combining district are not eligible for an Urban Primary Unit.

g.

The parcel is not in a high or very high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection unless the parcel will comply with fire hazard mitigation measures adopted pursuant to existing building standards or state fire mitigation measures applicable to the development.

h.

The parcel is not part of a hazardous waste site listed pursuant to Government Code § 65962.5 or designated by the Department of Toxic Substances Control pursuant to Health and Safety Code § 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

i.

The parcel is not within a special flood hazard area or regulatory floodway on any official maps published by the Federal Emergency Management Agency unless the parcel satisfies all applicable federal criteria in Government Code § 65913.4(a)(6)(G) and (H).

j.

The parcel is not identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Fish and Game Code § 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan; does not contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act (Fish and Game Code § 2050 et seq.), or the Native Plant Protection Act (Fish and Game Code § 1900 et seq.); and is not subject to a conservation easement.

k.

The proposed development would not involve the demolition or alteration of any of the following types of housing, which shall be substantiated by a title report and/or other credible evidence provided by the applicant:

i.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of moderate, low, or very low income.

ii.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

iii.

Housing that has been occupied by a tenant in the last three years before the date the application is submitted.

iv.

The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Government Code § 7060 et seq. (eviction) to withdraw accommodations from rent or lease within 15 years before the date the application is submitted.

3.

Ministerial building permit applications to establish or modify Urban Primary Units shall be reviewed by all applicable County departments and other public agencies for conformance with applicable standards and requirements without public hearing or discretionary review.

4.

The ownership of any residential units on the same lot may not be sold separately from each other.

5.

If building site approval was previously obtained for the parcel to be developed or for the original lot from which the current parcel was created pursuant to an urban lot split, no additional building site approval shall be required for development of an Urban Primary Unit on the parcel. Unless expressly exempt or otherwise provided in this Section, Urban Primary Units are subject to all other applicable requirements of the Ordinance Code, including, but not limited to, requirements applicable to on-site wastewater treatment systems or sewer connections, water supply, height limitations, and other objective standards in the Zoning Ordinance.

6.

Notwithstanding any other provision in this Section, a proposed Urban Primary Unit application may be denied if the Building Official makes a written finding, based on a preponderance of the evidence, that a proposed project would have a specific, adverse impact on public health and safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

7.

Urban Primary Units shall not be rented for terms shorter than 180 days. Future property owners shall be informed of this restriction through a recorded deed notice approved by the County.

8.

Whenever an application to develop an Urban Primary Unit is received by the County, notice of the project including a general description and the location of the development shall be provided to the owners of property within 300 feet of the exterior boundaries of the property involved in the application. Such notice shall be mailed to the last known name and address of such owners as shown upon the records of the County Assessor.

C.

Development Standards. All Urban Primary Units shall comply with all of the following provisions:

1.

May be attached (connected) or detached (separate structures).

2.

The first unit developed on a parcel shall comply with all setbacks applicable to a single-family residence use classification in the underlying zoning district, with the exception of an existing dwelling unit legally constructed prior to January 1, 2022, or a conversion as stated in § 4.10.387(D). The Urban Primary Unit shall be set back at least four feet from all side and rear lot lines and shall be subject to the same front yard setback as a single-family residence in the underlying zoning district, with the exception of conversions as stated in subsection 4.10.387(D).

The Urban Primary Unit shall not exceed 1,600 square feet in floor area. [See § 4.10.015 for ADU and Junior ADU size limitations.]

4.

An attached garage or carport of up to 400 square feet in floor area may be incorporated in the design of a detached Urban Primary Unit, provided the dwelling portion of the building does not exceed the applicable maximum floor area for an Urban Primary Unit (1,600 square feet).

5.

All second-story windows less than eight feet from rear and interior-side property lines shall be clerestory, with the bottom of the glass at least six feet above the finished floor.

6.

Balconies, second-story decks, and rooftop terraces are prohibited for Urban Primary Units partially or completely within any of the residential setbacks of the underlying zoning district.

7.

Outside stairways serving a second story shall not be constructed on any building elevation facing a rear or interior-side property line.

8.

Fire-resistant requirements of County Residential Code section R302.1 shall apply where the distance from the exterior wall to the nearest property line is less than five feet.

9.

The distance between detached buildings on the same lot shall be a minimum of six feet.

10.

If compliance with any development standard in § 4.10.387(C) would preclude construction of an Urban Primary Unit of at least 800 square feet on a qualifying parcel, then such development standard may be reduced or waived to the limited extent necessary to allow such construction, but only if the reduction or waiver does not cause the Building Official to make a finding pursuant to § 4.10.387(B)(6).

D.

Conversions.

1.

An existing single-family residence may be converted to create two separate units (one single-family residence and one Urban Primary Unit). The total square footage of the Urban Primary Unit cannot exceed 1,600 square feet.

Setback requirements shall not be required when converting an existing, legally permitted structure or building within the same footprint of an existing, legally permitted structure for which a final inspection was obtained (if legally required) prior to January 1, 2022. Any additions to such a structure for the purpose of accommodating an Urban Primary Unit must meet the setback and floor area requirements specified in Subsection 4.10.387(C)(2), (3).

E.

Parking.

1.

Number of Spaces required: One off-street parking space is required for an Urban Primary Unit. For applicable parking exemptions, see subsection 4.10.387(E)(2).

2.

Special Parking Exemptions: No parking requirements shall apply to an Urban Primary Unit that meets one of the following requirements as established by evidence provided by the applicant:

a.

The parcel is within one-half mile walking distance of public transit service and a designated point of access, such as a bus stop, light rail station, or any similar facility.

b.

There is a car-share vehicle located within one block or 500 feet (whichever is less) of the dwelling unit, which is defined as a designated parking or pickup/delivery location or facility operated by a car-share service.

F.

Urban Primary Units Subject to Other Discretionary Approvals. Notwithstanding any other provision of this Zoning Ordinance, each Urban Primary Unit located in certain combining districts shall comply with the following standards in lieu of the requirements and review procedures normally required in those combining districts:

1.

New Urban Primary Units in a -d, -d1, -d2, or -sr combining district shall be permitted by right, subject to compliance with a light reflectivity value (LRV) requirement of 45 or less that shall apply to the façade and roof. The maximum horizontal length of a continuous wall plane shall be 80 feet. The maximum height of a wall plane shall be 24 feet. Portions of a wall plane must be offset by at least five horizontal feet to be deemed discontinuous. For Urban Primary Units created by converting existing floor area within an existing dwelling, this provision shall not apply unless an addition to the building footprint is proposed.

2.

Up to 800 square feet for an Urban Primary Unit on a lot in the -n1 or -n2 combining district shall not be included in floor area calculations, pursuant to Sections 3.40.030 and 3.40.040.

(Ord. No. NS-1200.383, § 8, 1-24-23)

A.

Reference. This section refers to uses classified as Wind Energy Conversion Systems—Commercial, as described in Section 2.10.040.

B.

Applicability. Commercial wind energy conversion systems shall comply with all of the requirements of this section. Non-commercial wind systems are regulated as residential or agricultural accessory structures (see Section 4.20.20.M.2.).

C.

Criteria. Commercial wind energy systems are subject to all of the following provisions:

1.

The structure shall be set back from all property lines a minimum distance equal to the height of the tower plus the radius of the blades;

2.

Neighbors shall not have their views obstructed, and shall not be subject to excessive noise or potential physical damage;

3.

Lettering or "art graphics" shall not appear in any part of the windmill, and its color shall help the structure blend into the surrounding environment;

4.

The structure shall be placed in such a manner as to minimize its overall visual impact; and,

5.

The base of the structure shall be protected to prevent climbing by unauthorized persons.

This section refers to uses classified as Wineries, as described in § 2.10.040. Wineries shall comply with all of the requirements of this section.

A.

Gatherings and events. Public gatherings and events shall be allowed as ancillary to winery operations, as provided in subsections 1 and 2 below. Where numbers of events are specified, each event day shall count as a separate event. Events where outdoor amplified music/sound is proposed shall be subject to the provisions of subsection B, "Outdoor Amplified Sound," below.

Wineries hosting such events shall have wastewater disposal systems capable of accommodating the maximum number of attendees anticipated, in conformance with Sections B11-60 through B11-88 of Division B11, Environmental Health, of the County Ordinance Code. Event operations shall conform with applicable requirements pertaining to water, food service and sanitation. Facilities used for events shall comply with applicable Building and Fire Marshal requirements of the California Building Code and the County Ordinance Code.

1.

Industry/marketing events. Defined as events that function specifically to market wine and winemaking, industry/marketing events include barrel tasting, wine club dinners, Passport Weekend, and harvest festival. Up to 12 such events per calendar year shall be allowed by right. Additional events (above the maximum of 12) shall be subject to the permitting requirements of "Medium Events," or "Large Events" (subsection 2), depending on scale and frequency.

2.

Commercial reception events, facility-rental events, other public gatherings and events. Gatherings and events other than "industry/marketing events" shall be allowed subject to the criteria and procedures provided in subsections a, b and c, below. Threshold attendance numbers shall be based on the maximum number of event attendees that may be onsite at any given time.

a.

Small events. Events where attendance is 50 or fewer shall be allowed by right (for definition of "by right," see § 2.20.020).

Events with attendance of 51—100 shall also be deemed "small events" when the winery facility meets all of the following criteria:

i.

Lot size is 5 acres or larger.

ii.

Event area is set back 50 feet (min.) from nearest property line, 200 feet from nearest non-winery residence.

iii.

Onsite parking conforms with Chapter 4.30, Parking.

iv.

Property is accessible via publicly maintained road, or via private road that conforms to all applicable County Office of Land Development Engineering private road standards.

v.

Driveway conforms to applicable County Office of Land Development Engineering driveway standards.

b.

Medium events. Events with larger attendance than provided for under "small events," with the following limitations, shall be subject to a special permit:

i.

Maximum attendance shall be based on demonstrated capacity of facility, not to exceed a maximum of 250 attendees.

ii.

Not more than 12 medium events per year shall be allowed.

c.

Large events. Events where attendance or frequency (or both) exceeds the thresholds of "medium events," shall be subject to a use permit.

Private, noncommercial gatherings of the property owner or winery operator shall be allowed by right, as provided in Section 2.10.030 for residential accessory uses.

B.

Outdoor amplified sound. A winery using outdoor amplified sound in conjunction with winery events shall submit (or complete) an acoustic evaluation as part of the appropriate discretionary review process and permit. A winery not subject to a discretionary review process and permit as medium-scale or large-scale wineries and intending to conduct, organize, or set-up events using outdoor amplified sound shall obtain an outdoor amplified sound permit pursuant to Chapter VIII of Division B3 of the County Ordinance Code.

C.

Overnight accommodation. The following types of overnight tourism accommodation may be permitted as ancillary to on-site winery operations:

1.

Bed and breakfast inns. Uses classified as bed and breakfast inns associated with winery operations shall be subject to a special permit, provided they are situated within the primary residence on the property.

2.

Agricultural employee housing. Uses classified as Agricultural Employee Housing associated with winery operations may be used to accommodate tourist stays for compensation. Such use as tourism

accommodation may only take place during those limited periods of the growing/ harvesting cycle where agricultural employee housing may be temporarily vacant. The duration of such stays shall not exceed 72 hours.

A change in occupancy of an existing agricultural employee housing unit to accommodate tourist stays shall be subject to permitting and requirements of the California Building Code and the County Ordinance Code.

D.

Commercial kitchens. Commercial kitchens for onsite food preparation shall be allowed as ancillary to winery operations, subject to permitting and requirements of the California Building Code, the California Retail Food Code and the County Ordinance Code.

E.

Off-site tasting facility. An off-site tasting facility (licensed as such by the California Department of Alcoholic Beverage Control) shall be subject to a special permit. The associated primary winery facility must be located within Santa Clara County.

(Ord. No. NS-1200.335, § 8, 12-4-12)

This section refers to all uses classified as Wireless Telecommunication Facilities as described in § 2.10.040. Such uses shall be subject to all of the following provisions:

A.

Intent. The intent of these provisions is to encourage co-location of wireless telecommunication facilities where feasible, and to encourage appropriate siting and design for all wireless telecommunication facilities.

B.

Findings. In order to approve a wireless telecommunication facility, the decision-making authority must make the following findings:

1.

The proposed facilities have been co-located where feasible; and

2.

The proposed facilities conform to the applicable provisions of the Wireless Telecommunication Facilities Design Guidelines as adopted by the Board of Supervisors.

C.

Federal law. All Wireless Telecommunications Facilities and the County's permitting and regulation of those facilities shall comply with all applicable state and federal laws and regulations.

D.

Projects Eligible for Ministerial Review. A project defined under the Collocation/Modification - Minor use classification is eligible for ministerial approval.

E.

Collocation/Modification - Major. A project defined under the Collocation/Modification - Major use classification shall be subject to Architecture and Site Approval. A project that complies with all of the following is eligible for the approval process in § 5.40.050 (Architecture and Site Approval Administrative Review for Minor Projects):

1.

No new environmental assessment or mitigation is required.

2.

The collocation or modification is consistent with the approved plans, mitigation requirements, and conditions imposed on the existing facility.

F.

New Facilities. A project defined under the New Facilities use classification shall be subject to Architecture and Site Approval.

(Ord. No. NS-1200.324, § 1, 5-5-09; Ord. No. NS-1200.366, § 6, 5-1-18)

CHAPTER 4.20. - SUPPLEMENTAL DEVELOPMENT STANDARDS