Santa Clara County ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Santa-Clara-County-07-21-2017.pdf

Ordinance No. NS-1200.360

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA AMENDING APPENDIX I, ZONING,

OF THE COUNTY OF SANTA CLARA ORDINANCE CODE RELATING TO ACCESSORY DWELLING UNITS

SUMMARY

This ordinance amends Appendix I, Zoning, of the Santa Clara Ordinance Code

to revise secondary dwelling regulations for consistency with state law governing accessory dwelling units.

THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA ORDAINS AS FOLLOWS:

SECTION 1: Section 2.10.030 of Chapter 2.10, Article 1 of Appendix I, Zoning, of the County of Santa Clara Ordinance Code, is amended to read as follows:

§ 2.10.030 Residential Use Classifications

Residences. This classification includes primary residences and excludes other types of residences separately defined within this section. This classification also includes the renting of rooms and provision of meals within a dwelling by the resident family or household to not more than two other individuals (for rooming houses, see Rooming Houses, Fraternities & Sororities). It also includes and employee housing that provides exclusive accommodation for six (6) or fewer employees, pursuant to California Health and Safety Code Section 17021.5, and emergency, supportive, and transitional housing for six (6) or fewer clients.

All uses within this classification shall fit within one of the following subcategories:

  1. Single-Family. One dwelling unit on a single lot, completely detached from any other dwelling unit. This classification includes a manufactured home.
  2. Two-Family. Two dwelling units within the same structure, each having its own kitchen and bathroom facilities.
  3. Multi-Family. Three or more dwelling units within the same structure, each having its own kitchen and bathroom facilities.

Residential Accessory Structures and Uses. This classification includes detached buildings and structures whose use is entirely incidental to the primary residential use, and which do not contain living space or sleeping quarters. Residential accessory uses consist of activities customarily associated with (or otherwise reasonably associated with) the primary residential use, and include such activities when they occur on private communal open space within a residential development. Private, noncommercial gatherings hosted by residents or property owner(s) shall be considered residential accessory uses.

On lots with no legally established residential use, certain limited structures ancillary to maintenance and security of the land (e.g. fences, gates, well or irrigation hardware) shall be considered permitted accessory structures under this classification.

On lots with no legally established residential use, one limited storage building per lot is permitted under this classification in ruraLbase zoning districts. The floor area of such storage buildings is restricted to 120 square feet maximum. Height shall not exceed 10 feet in height at any point, and such buildings shall comply with all other applicable provisions of Section

      1. Such storage buildings may not include plumbing or electricity in their construction. Any such building in an sr combining district shall be subject to the scenic roads provisions of Section 3.30.030.

Accessory buildings shall be limited to two (2) internal plumbing fixtures except as provided by subsection 4.20.020(!).

Agricultural Employee Housing. Dwellings occupied by employees engaged primarily in direetagrieultural-operations-on-land-owned-or -rented-by-the-agrieulturnl-operator. Family members of such agricultural employees may also live in the same unit. All uses within this classification shall fit within one of the following subcategories:

        1. Short Term. One or more mobile homes or manufactured homes located on land in agricultural use. A time limit for use of short-term agricultural worker housing will be specified on a case-by-case basis at the time of permit issuance. [Criteria/Findings

§ 4.10.040]

        1. Long Term. Permanent structures located on land owned by an agricultural operator used by agricultural workers employed by such operator and the families of the workers. [Criteria/Findings § 4.10.040]

Caretaker’s Residences. Dwelling units incidental and subordinate to a significant nonresidential use established by issuance of a use permit. Such units must be necessary for the practical operation of the primary use, and the occupancy of such units shall be limited to owners or employees of the primary use and their families.

Domestic Animals. The keeping of domesticated animals for use or enjoyment within the home or premises by the resident occupants, including non-commercial equestrian activities. All uses within this classification shall fit within one of the following subcategories:

  1. Dogs & Cats. The keeping of dogs and cats.
  2. Small Animals-Limited. Includes the following small animals: rabbits, guinea pigs, chicken and fowl (but excluding roosters, peafowl, guinea fowl, geese or quacking ducks), and similar species as approved by the zoning administrator.
  3. Horses. The keeping of horses. ·

Home Occupations. Businesses conducted incidental to the residential use of a property, generally within a dwelling by resident occupants. All uses within this classification shall fit within one of the following subcategories:

  1. General. Uses conducted exclusively within the dwelling by the resident, with allowance for one (1) nonresident employee. [Criteria/Findings § 4.10.180)
  2. Expanded. Uses conducted in the dwelling or accessory building by the resident, with allowance for one (1) nonresident employee, limited outdoor storage of materials, and not more than two vehicles. [Criteria/Findings § 4.10.180)

Residential-Communal Institutional. A facility containing rooms or apartments (or both) but having communal dining facilities and lounges, and communal services, such as housekeeping, organized social and recreational activities, and support services appropriate for the residents.

Includes college dormitories, monasteries and other such communal living facilities related to permitted institutional use classifications. Excludes nursing homes and similar uses (see Community Care Facilities ). Also excludes rooming houses (see Rooming Houses, Fraternities

& Sororities). [Criteria/Findings § 4.10.300]

Rooming Houses, Fraternities & Sororities. Includes fraternity and sorority housing for students, boarding houses, and similar group residential uses. Also includes single-room occupancy residential facilities where secure rooms are individually rented to a one- or two­ person household. Excludes those uses classified as Residential Communal Institutional.

Secondary Dwellings. Dwelling units that provide complete independent living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, and that are located on the same lot as the primary dwelling to which they are accessory uses. Such units are referred to as ‘accessory dwelling units’ in Government Code Section 65852.2. All uses within this classification shall fit within one of the following subcategories: [Criteria/Findings § 4.10.340)

    1. Attached. A secondary dwelling that shares a roof, a foundation, and a common wall of at least eight (8) horizontal feet with the primary residence, including those located within the living area of the primary residence.

    2. Detached. A secondary dwelling in a separate structure separated from the primary residence by no less than six (6) horizontal feet.

Temporary Residences during House Construction. Mobile homes, recreational vehicles, or existing homes occupied during the construction, repair, or remodel of a permanent dwelling on the same property. The temporary residence may remain on the property for no longer than 90 days from the date of occupancy of the permanent dwelling, or for two years from the date of

either initial building permit issuance or the date of any casualty that rendered the primary residence uninhabitable, whichever occurs first. The provisions of subsection 4.20.090(8) shall apply to emergency housing following casualty. [Criteria/Findings § 4.10.380]

SECTION 2: Section 2.20.020 of Chapter 2.20, Article 1 of Appendix I, Zoning, of the County of Santa Clara Ordinance Code, is amended to read as follows:

§ 2.20.020 Use Regulations

The following tables, Tables 2.20-1 and 2.20-2, specify the allowable land uses for the rural base districts, listed by use classification as defined in Chapter 2.10. The regulations for each district are established by letter designations as follows:

R” designates use classifications that are permitted by right. The term “by right” indicates no discretionary permit process by the Planning Office is required. See subsection 1.20.040(D) for applicability of other rules and processes.

“S” designates use classifications permitted with a special permit, subject to the provisions of Chapter 5.60, Special Permit.

“A” designates use classifications permitted with architecture and site approval, subject to the provisions of Chapter 5.40, Architecture and Site Approval.

U

designates use classifications permitted with a use permit and architecture and site approval , subject tothe provisions of Cliapter 5.65 Use Permir,-anoChapter 5.2lD Architecture and Site Approval.

  • designates use classifications that are not allowed.

Supplemental regulations for the establishment and conduct of a use are referenced in the Supplemental Regulations” column of the tables. Use classifications not listed in the tables are prohibited in the rural base districts.

Table 2.20-1 RESIDENTIAL USES

IN RURAL BASE DISTRICTS

Iii Permitted by Right

S Special Permit (Ch 5.60) A ASA (Ch 5.40)

U Use Permit/ ASA (Ch 5.65, 5.40)

    • Not Permitted
USE CLASSIFICATIONS ZONING Supplemental Regulations
A AR HS RR
Residences: Single-Family Cl Cl Cl Cl Note 1
Residential Accessory Structures & Uses Cl Cl Cl m § 4.20.020
Agricultural Employee Housing

Table 2.20-1 RESIDENTIAL USES

IN RURAL BASE DISTRICTS

IIPermitted by Right

s Special Permit (Ch 5.60)

A ASA (Ch 5.40)

u Use Permit/ ASA (Ch 5.65, 5.40)

Not Permitted

USE CLASSIFICATIONS ZONING Supplemental

A

AR HS RR Regulations
Short Term

s

s s s § 4.10.040, Note 2
Long Term

u

El u u § 4.10.040, Note 2, Note 3 (AR)
Community Care
Limited El El El El § 4.10.090, Note 4
Expanded

u

u u LU § 4.10.090, Note 5
Domestic Animals
Dogs & Cats El El El El Note 6
Other (see Ag: Livestock, Table 2.20-2)
Home Occupations
General El El El El § 4.10.180
Expanded

s

s s s § 4.10.180, Note 7
Residential -Communal Institutional

u

u : u u § 4.10.300, Note 8
Secondary Dwellings

Temporary Residences I Construction

El El El El El

El

El

El

§ 4.10.340

§ 4.10.380

NOTES:

  1. Single-family dwellings, including certain additions, may be subject to the building site approval provisions of Section C12-300 et seq. of the County Ordinance Code.
  2. Agricultural employee housing units may, on a limited basis, be used to accommodate overnight tourist stays. See subsection 4.10.395(C)(2) for criteria and permitting requirements.
  3. On lots 10 acres or larger in AR districts, a second one-family dwelling for agricultural employee housing is allowed by right. Such agricultural employee housing unit shall not be subject to the supplemental use regulations of § 4.10.040.
  4. Facilities qualifying as “Large-Family Day-Care Homes,” serving between 7 and 14 children, are subject to an administrative permit, per the provisions of Division B24 of the County Ordinance Code.

5. Not a permitted use in areas with the “Agriculture-Large Scale” land use plan designation of the general plan.

  1. Not to exceed two (2) dogs and five (5) cats over four months of age on parcels less than five acres, or three (3) dogs and five (5) cats over four months of age on parcels five acres or more, unless the required permit is secured pursuant to Division B31 of the Ordinance Code.
  2. Expanded home occupations permitted on lots one-acre or larger. For additional applicable criteria, see

§ 4.10 .180.

1 8. In rural districts, the floor area of Residential Communal Institutional uses shall be limited to 10,000 square feet or less.

Table 2.20-2

NON-RESIDENTIAL USES

IN RURAL BASE DISTRICTS

Iii Permitted by Right

S Special Permit (Ch 5.60) A ASA (Ch 5.40)

U Use Permit/ ASA (Ch 5.65, 5.40) Not Permitted

USE CLASSIFICATIONS ZONING Supplemental Regulations
A AR HS RR
Agriculture General Livestock El El El El El El El El Note 1 (HS)
Agricultural Accessory Structures/ Uses El El El El § 4.20.020
Agricultural Equipment Sales/ Services A
Agricultural Processing

Small Scale Medium Scale

Large Scale

m El III III

A

u – – –

§ 4.10.030

§ 4.10.030

§ 4.10.030

Agricultural Research A
Agricultural Sales

Limited

Farmers’ Markets

III III III El

u JL

§ 4.40.110 (Signs)
Agriculturally Related Entertainment &

Commercial Uses

u § 4.10.050
Aircraft Landing Strips-Private u lYJ Note 2
Antennas-Commercial

Minor Major

A A A A

u u ._u u

Bed & Breakfast Inns u u [ID u § 4.10.060, Note 3
Butcheries u u
Camps & Retreats u u u u § 4.10.070, Note 4
Cemeteries u [[] L l.L , _U § 4.10.080, Note 4
Churches [See Religious Institutions]
Clubs-Private & Nonprofit u u M [lf § 2.20.090

Table 2.20-2

NON-RESIDENTIAL USES

IN RURAL BASE DISTRICTS

Iii Permitted by Right

S Special Permit (Ch 5.60)

A ASA (Ch 5.40)

U Use Permit/ ASA (Ch 5.65, 5.40)

    • Not Permitted

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

USE CLASSIFICATIONS

ZONING

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

A AR HS RR

Supplemental Regulations
Community Care

Limited Expanded

El El El El

u u u u

§ 4.10.090, Note 6

§ 4.10.090, Note 4

Dairies u u § 4.10.110
Entertainment-Seasonal Outdoor u § 4.10.120
Feed Lots u !J § 4.10.130
Golf Courses & Country Clubs u U!J u § 4.10.140, Note 4
Golf Driving Ranges u u § 4.10.150, Note 4
Helipads – – u § 4.10.160
Historic Structures-Use Conversion A A A A § 4.10.170
Hospitals & Clinics u u u u § 2.20.090 (AR, HS, RR

Districts), § 4.10.190 (A Districts), Note 4

Hunting & Fishing Preserves u El Note 7
Informational Displays

Small Large

El

u

Kennels -Commercial u u u [U § 4.10.200
Laboratories and Testing Services (Limited) u
Livestock Auction Yards : U u § 4.10.210
Manufacturing : Small Scale Rural A u – – § 2.20.090
Museums u u u tU Note 8
Mushroom Farms u u u § 4.10.220
Nonprofit Institutions u u u u § 2.20.090 (AR, HS, RR

Districts), § 4.10.230 (A Districts), Notes 4 & 19

Nurseries

Retail Wholesale

u ti ; U u

El El El u

Note 9

Note 9

Offices (Limited) u Note 10

Table 2.20-2

NON-RESIDENTIAL USES

IN RURAL BASE DISTRICTS

Iii Permitted by Right

S Special Permit (Ch 5.60) A ASA (Ch 5.40)

U Use Permit/ ASA (Ch 5.65, 5.40)

    • Not Permitted

USE CLASSIFICATIONS

ZONING Supplemental A AR HS RR Regulations

Oil & Gas Extraction u u u u

Poultry and Egg Farms-Commercial u u u § 4.10.240 Radio-Controlled Model Aircraft u § 4.10.250 Facilities

Reception Facilities u llil u u § 4.10.260 Recreational Playgrounds & Sports u u u u § 4.10.270 (A Zoning Fields District)

Recreational Vehicle Parks – – [QJ u § 4.10.280 Recycling Facilities

Collection Facilities-Consumer m m m Ill § 4.10.285

Recycling

Recycling/ Processing Facilities- – – – –

Consumer Waste

Concrete, Asphalt & Soil Recycling u u u u Note 11 Composting & Wood Recycling u u u u

Hazardous Materials

Religious Institutions u u u u § 2.20.090 (AR, HS, RR

Districts), § 4.10.290 (A Districts), Notes 4 & 19

Restaurants & Bars

Limited-Service Eating Places u u Note 12 Full-Service Eating Places u u Note 12

Drinking Places JL u Note 12 Retail Sales & Services: Local-Serving Iul u § 4.10.310 Rodeos and Equestrian Event Facilities u u – – § 4.10.320

Schools u u u u § 2.20.090 (AR, HS, RR

Districts), § 4.10.330 (A Districts), Note 4

Solar Energy Conversion Systems- Commercial

Minor A u u A § 4.10.345, Notes 4 & 13

Major u u u u § 4.10.345, Notes 4 & 13

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

Table 2.20-2

NON-RESIDENTIAL USES

IN RURAL BASE DISTRICTS

Permitted by Right

s Special Permit (Ch 5.60)

A ASA (Ch 5.40)

u Use Permit/ ASA (Ch 5.65, 5.40)

Not Permitted

USE CLASSIFICATIONS ZONING Supplemental A AR HS RR Regulations

Sport Shooting u u § 4.10.350

Stables-Commercial u u u u § 4.10.360

Surface Mining u-‘ J!, u u § 4.10.370

Swim & Tennis Clubs u u

Timber Harvest-Commercial u u Note 14 Truck Sales & Services: Storage U Note 15 (Limited)

Underground Mining Ul [L u [U

Utilities and Public Facilities Note 16

Minor A A A A

Major u u u u

Veterinary Clinics & Hospitals u 1..U_

u LU Note 17

Well-Drilling Operations A

Wind Energy Conversion Systems u [_u, u LU § 4.10.390

Commercial

Wineries

Small-Scale m m m m § 4.10.395, § 4.40.110

(Signs)

Medium-Scale s s s s § 4.10.395, § 4.40.110

Large-Scale u u

Wireless Telecommunication Facilities

u Lu § 4.10.395, § 4.40.110

Co-location A A A A § 4.10.400, Note 18

Minor A A A A § 4.10.400

Major .JJ..J J.J : IJIJ ‘–u § 4.10.400

NOTES:

  1. Livestock breeding, raising and keeping is limited in HS districts as follows: Not more than three (3) large animals or six (6) medium animals per acre as a matter ofright, or a proportional combination totaling three (3) animal units where each large animal constitutes one (I) animal unit, and each medium animal constitutes 0.5 animal unit. Special permit required for numbers oflarge and medium animals exceeding these limits. There are no specified numerical limits for small animals.
  1. Landing strip, including approach and departure zones, shall be located a safe distance from residentia development to prevent significant hazard.
  1. Bed and breakfast inns ancillary to on-site wineries, agricultural sales operations or other agriculturally related uses shall be subject to a special permit, in lieu of a use permit, provided they are situated within the primary residence on the property. Bed and breakfast inns are prohibited within the Los Gatos Hillside Specific Plan area, except as provided under the classification Historic Structures-Use Conversion.
  1. Not a permitted use in areas with the “Agriculture-Large Scale” land use plan designation of the general plan.
  2. [Reserved]
  3. Facilities qualifying as “Large-Family Day-Care Homes,” serving between 7 and 14 children, are subject to an administrative permit, per the provisions of Division B24 of the County Ordinance Code.
  4. The minimum lot size for hunting preserves shall be one hundred sixty (160) acres.
  5. Museums in rural districts shall be limited in scale and must relate to the locally significant cultural, historical or social themes of the rural area.
  6. The size of buildings for on-site sales and ancillary office associated with nurseries shall be kept to a mm1mum.
  7. Offices ancillary to a permitted agricultural activity in A districts that contain no more than 2,400 square feet of floor area are allowed as a matter of right. Offices larger than 2,400 square feet are subject to a use permit.
  8. Concrete, asphalt and soil recycling within rural districts is a permitted use only in association with an existing quarry operation in any rural base zoning district.
  9. Restaurants and bars in rural districts shall be limited in scale, with a maximum publically accessible floor area of 1,200 square feet (measured from outer surfaces of enclosing walls, includes bathrooms).
  10. Not a permitted use in areas with the -dl (Santa Clara Valley Viewshed) or -d2 (Milpitas Hillsides) Design Review combining zoning districts.
  11. ‘I’imber-harvest-of eommernial-tree-speeies-as-defined-by-the-Gounty Tree-Preservation-and-Removal Ordinance, Division Cl6 of the County Ordinance Code, including but not limited to Redwood and Douglas Fir, may be subject to the regulatory and permitting· authority of the California Department of Forestry and Fire Protection (CDF). No County permit shall be required if CDF has approved a Timber Harvest Plan or Non-Industrial Timber Management Plan for the activity.
  12. Truck storage uses in rural districts shall be limited to agriculture-related tractors, trucks, trailers, and similar equipment.
  13. Utility structures and facilities may be exempt from local zoning regulations if they are established by a government agency. There may also be federal or state laws that provide exemptions for certain types of utilities.
  14. The minimum lot size for veterinary clinics and hospitals shall be two and one-half (2.50) acres.
  15. Co-location of wireless telecommunication facilities may be eligible for an ASA administrative review

and approval 5.40.050), where consistent with the provisions of this ordinance. Where the proposed co­ location meets the criteria in Government Code § 65850.6(b) relating to previously approved facilities permitted by a means of a discretionary permit issued on or after January 1, 2007, and either a negative declaration, mitigated negative declaration, or environmental impact report was prepared and adopted, the co-location shall be reviewed for consistency with the approved plans, mitigation requirements, and conditions imposed on the existing facility, and if found consistent, will be subject only to a building

permit or other applicable permits required by Title C of the County Ordinance Code.

  1. Established Religious Institutions and Nonprofit Institutions may include Emergency Shelters: Small-Scale

as an ancillary use by right.