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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. C1-52. Properties subject to annexation.

(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:

(i) Contiguous to the city; or

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

(iii) 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. In the event the parcel is located within territory which has been placed under the County's jurisdiction pursuant to California Government Code § 35004 [now repealed], the landowner shall be required to file a petition with the Local Agency Formation Commission to detach the parcel from the city to which the parcel has previously been annexed and to annex the parcel to the city again.

(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:

(i) 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;

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

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

(iv) 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)(iv) 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 described in Section 34-1 of the Zoning Ordinance of the County of Santa Clara, which determination shall be made by the Director of Planning and Development.

(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)

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