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Planning FAQs
You can find a list of frequently asked Planning questions below. If your question is not addressed or if you would like more information, contact the Planning Division at 408-615-2450 or planning@santaclaraca.gov.
Can I make an appointment with a Planner?
Santa Clara City Hall (1500 Warburton Ave) is open Monday-Friday, 8 a.m. - 5 p.m. The Planning Counter at the Permit Center is closed on Thursday, 10 – 11:30 a.m. for staff meetings.
The City of Santa Clara encourages scheduling virtual appointments for services. More information can also be found on our Permit Center webpage.
Where is City Hall?
Santa Clara City Hall is located at 1500 Warburton Avenue, Santa Clara, CA 95050.
What is the difference between a development entitlement and a development permit?
An entitlement is the process of getting permission to use the site as you intend. A permit is making sure the request is designed to applicable codes.
Where do I find the expiration date of an approved development entitlement?
Please refer to the Development Entitlement document itself, and specifically the section entitled, "conditions", "permit expiration", "time limit", or "term."
Can I reactivate a development entitlement that has expired before getting a building permit?
Yes, but with some exceptions. For more information, contact the Planning Division at 408-615-2450 or planning@santaclaraca.gov.
How do I find General Plan and zoning land use information?
General Plan and Zoning Code information may be obtained in any of the following ways:
- View the General Plan and Specific Plans pages.
- View the Zoning Code (PDF).
- Visit us at the Permit Center at City Hall (1500 Warburton Avenue)
- Call 408-615-2450
- Email planning@santaclaraca.gov.
What is the zoning designation of my property?
Use MapSantaClara, along with the street address or Assessor's Parcel Number (APN), to find the zoning and general plan information, along with contours, aerials, and other property-related information.
How tall can my house be? How many stories can my house be?
A single-family residence in a single-family zoning district is allowed to be up to 25 feet in height and may have no more than two stories. For more information, please see the City's Zoning Code, Chapter 18.10.
What size addition may I make to my house?
Size additions are dependent on a formula called maximum building coverage. This formula refers to the percentage of the total area of your lot that is covered by any buildings. Per the Zoning Code: Chapter 18.10, a single-family residence’s maximum building coverage is 40%.
Therefore, you may make an addition to your home as long as it does not cause your maximum building coverage to exceed 40% and meets all other relevant regulations.
If you have any questions on what your current building coverage is or how to calculate your maximum building coverage, contact the Planning Division at 408-615-2450 or planning@santaclaraca.gov.
What are the requirements to operate a short-term rental on a residential property?
The City Zoning Code, Section 18.60.250 (PDF) provides the operating standards and registration requirements for short-term rentals. Starting in November 2024, it is required that operators register their short-term rentals with the City.
What is a Legal Nonconforming Use?
A Legal Nonconforming Use is the use of land or a structure that was legally established according to the zoning and building laws of the time, but does not meet current zoning and building regulations.
In other words, a use of land or a structure that was legal at the time but is no longer. No change or further action is necessary. However, if a change is proposed by the property owner, then the new land use or structure must comply with the current laws.
Please refer to the Zoning Code, Chapter 18.90 for more information.
I live on a corner lot. Which is the front and which is the side property line?
For corner lots, the narrowest street frontage of the lot is the front property line, and the longest street frontage of the lot is the side property line, regardless of the location of the entrance into the house or orientation of the house to either street.
What are the rules for fences?
For single-family residential properties:
- Fences are generally limited to 3 feet in height in the required front yard or street.
- Behind the required front yards and corner street side yards, fences are generally limited to 6 feet in height with 1 foot of open/non-solid lattice material on top.
- Corner lots, unusually shaped lots, and Planned Development (PD) zones have different requirements.
For more information, please refer to the Regulations Covering Erection of Fences (PDF) handout or Zoning Code, Chapter 18.34 contact the Planning Division at 408-615-2450 or planning@santaclaraca.gov.
What permits do I need for a new or replacement sign?
Depending on the type of sign, you may need a sign permit, conditional use permit or minor use permit, in addition to applicable building and electrical permits. For more information, please refer to the Zoning Code, Chapter 18.42 or contact the Permit Center at 408-615-2420.
Where can I find information on parking space dimensions, parking stripe regulations, and the number of required parking spaces?
Please refer to Zoning Code, Chapter 18.38 for information on parking.
Where can I operate my food truck on private property within the City?
Mobile food vendors can operate in Commercial, Mixed-Use, Office and Industrial zoning districts. Longer durations are permitted only with a Zoning Clearance or Minor Use Permit.
Check MapSantaClara to find what the zoning of the property is.
- No permit when operating less than two hours (any allowed district).
- Zoning clearance (Accessory Use) is required when operating more than two hours, but less than four hours.
- Minor Use Permit is required when operating more than four hours or locating within 100 feet of a residentially zoned parcel.
Consult Santa Clara City Code Chapter 18.60.280 for specific regulations for mobile food vendors.
When submitting for a Zoning Clearance or a Minor Use Permit for mobile food vendors on private property through the Permitting Online Portal, submit the Property Authorization Form (PDF) and the Application Checklist for Mobile Food Vendor (PDF).
ADUs, also called secondary dwelling units, granny flats, in-law units, converted garages, or basement apartments, are flexible spaces that meet the changing needs of households over time. ADUs can be attached or detached from the primary home, are generally between 220 and 1,200 square feet, and must have their own entryway, kitchen, and bathroom.
JADUs are located within the walls of a proposed or existing single-family home, including an attached garage, and are no more than 500 square feet. They also need their own entryway and a small kitchen and may share a bathroom with the main home.
What resources are available to learn more about ADUs, what is possible on your property, and how to get started?The City of Santa Clara is a participant of the Santa Clara County ADU Program, a project initiated by the Santa Clara County Planning Collaborative and the Cities Association of Santa Clara County. The program provides free ADU tools and resources to support residents through the process of building an ADU in the Silicon Valley region.
- Pre-Approved ADU Plans - Find ADU builders and designers who have secured pre-approved ADU plans.
- ADU Plans Gallery - As ADU designs get approved, information and floor plan layouts are made available in the ADU gallery.
- ADU Calculator: Estimate potential building costs, rent, and return on investment.
- City of Santa Clara Zoning Code - Chapter 18.60.020 - Accessory Dwelling Units
- ADU Guidebook
- ADU Process & Important Information: See an overview of the ADU process and things to consider.
- City of Santa Clara ADU and JADU Summary Handout: Learn about ADU and JADU rules and regulations.
- ADU Glossary: Explore frequently used terms.
Can I conduct a business from my home?
First, you’ll need to determine the zoning district your property is located in. You can do this by entering your address or Assessor’s Parcel Number in MapSantaClara. Once you find your zoning district, check in the Zoning Code (PDF) for permitted uses and whether conducting a business is allowed in your district.
If your residence is located in a residential zoning district allowing Home Occupations, you may conduct business from your home as long as you follow a few regulations. For more information on the regulations for conducting a business from home within a single-family zoning district, please see the Zoning Code, Chapter 18.60.120.
If your intended use is not listed, or if you are unable to determine your zoning district or permitted uses within your zoning district, please contact the Planning Division at 408-615-2450 or planning@santaclaraca.gov.
Does a business license require Planning approval? How do you get a Zoning Clearance approval for a business license through the Permitting Online Portal?
Yes, new business license requests require Planning approval through a Zoning Clearance.
- Create an account on the Permitting Online Portal, or if you already have an account, log in using your existing login credentials.
- Click the Planning tab at the top of the page.
- Click Create Application.
- Check the disclaimer checkbox and click on Continue Application.
- Select Record Type: Zoning Clearance and click on Continue Application.
- Work Location
- Enter the street number and the street name only and press Search.
- Information should automatically appear below.
- Click on Continue Application.
7. Applicant Information
- Press Select from Account.
- Click on Continue Application.
8. Project Data > Project Details
- Only fill out the first four boxes.
- Type of application - Select from the drop-down what best matches your project
- Type the business name, the business description
- Existing Type of Use - "Commercial or Retail"
- Proposed Type of Use - "Commercial or Retail"
- Click on Continue Application.
9. Authorized Agent
- Click all three boxes.
- Click on Continue Application.
10. Documents > Additional Materials
- Click all four boxes.
- Click on Continue Application.
11. Documents > Attachments
- Submit all documentation via the Permitting Online Portal and a planner will be assigned to your permit as soon as possible.
- Planning staff will process and provide Zoning Clearance for the business license. Upload the Property Owner Authorization Form (PDF) and the Application Checklist – Business License/ Home Occupancy (PDF)
- Classify each file as either “Application Checklist” or “Property Owner Authorization Form”
- Click Save.
- Click on Continue Application.
12. Review
- Click the box at the very bottom of the page.
- Click on Continue Application.
- Fees will be invoiced once the Planning Division receives and reviews the files.
13. Complete your fee payment.
14. Planning staff will process and provide Zoning Clearance for the business license.
What does 'Historic' mean?
In 1966, Congress established a national policy on historic preservation called the National Historic Preservation Act (NHPA). Within this policy, historic properties may include any district, building, structure, site, or object that is 50 years old or older.
In Santa Clara, if your home is 50 years old or older, the city considers your home a potential historic resource. We then look at factors like its architecture, neighborhood, local significance, and other aspects of the property that determine where your property fits in our city's history.
While we have many important historic properties, not all homes that are over 50 years old are considered a 'historic resource.’
What is historic preservation?
Historic preservation is an approach to conserving structures, sites, and objects that represent a physical connection to the people and events from our city's rich history.
Our historic preservation efforts use various land use planning strategies, governmental programs, and financial incentives to protect historic resources. Historic preservation also ensures that our history and architectural heritage are preserved for future Santa Clarans to enjoy.
What is the Historical and Landmarks Commission or "HLC"?
The Historical and Landmarks Commission (HLC) is a seven-member advisory body appointed by the City Council. The HLC typically meets monthly on the first Thursday at 6 p.m.
The HLC does the following:
- reviews:
- additions to and removals from the Historic Resources Inventory
- projects within 200 feet of known historic resources
- building projects for exterior changes, including alteration, reconstruction, construction, rehabilitation, restoration, remodeling, or any similar activity that alters the look of a property or its structural quality
- any new structure that affects known historic resources
- makes recommendations to:
- the City Council on proposed City Landmarks
- the Director of Community Development on projects that may affect historic structures and sites
See the summary of historic preservation regulations and processes table (PDF) for more information.
How is Historic Preservation implemented in Santa Clara?
Our 2010-2035 General Plan contains goals and policies which encourage historic preservation. Some of the ways that the City implements and supports historic preservation include:
- Maintaining a Historic Resources Inventory (HRI)
- Establishing a Historical & Landmarks Commission (HLC)
- Preserving historic properties using a local designation process
- Requiring the HLC to review:
- building projects that affect historic resources
- potential historic property contracts (Mills Act Contracts)
In the City's Zoning Code, Chapter 18.130 (PDF) is the Historic Preservation Ordinance that implements the General Plan's goals and policies.
The City's known historic resources are found in the Historic Resources Inventory (PDF). This list, also known as "The Architecturally or Historically Significant Properties List" or HRI, identifies known historic properties (historic resources) in the City. There is also an interactive map that can be used to locate HRI properties.
My home is 50 years old or older and not on the Historic Resource Inventory (HRI). What does this mean?
The City evaluates properties 50 years and older as projects are submitted. The HRI is a list of known historic resources. Homes and buildings may be added to the list as the city and its residents continue to research our heritage.
My home is 50 years old or older and is already on the Historic Resources Inventory (HRI). What does this mean?
If your home is on the HRI, it has been identified as an important historic resource in the City. A significant properties alteration permit is required for alterations to HRI properties. Refer to the summary of historic preservation regulations and processes table (PDF) to find out what review may be needed when proposing improvements.
What are the new projects in the City?
To view information on major projects, visit the Development Activity webpage.
How can I comment on specific pending planning projects?
The City welcomes public comment on land use items. While public notices are sent to nearby properties with information on the pending project and how to provide comments, all members of the public may provide comment and/or view project plans by contacting the project planner. For more information on public notice requirements, please view our Public Outreach Policy (PDF) adopted by the City Council.
To submit comments for a Public Hearing:
- Written comments and/or materials or comments in electronic format for specific projects can be directed to planning@santaclaraca.gov.
- Submit in person at the Community Development Department (1500 Warburton Avenue).
- Send an e-mail to the planner assigned to a project by checking our current Development Projects Listing.
It is encouraged to submit public comments early to allow the Planning Commission adequate review time. Written public comments will be received up until 12 p.m. on the day of the meeting. Oral public comments may be made during the corresponding public hearing.
If you have questions about accessing links or commenting issues, call us at 408-615-2450.
How can I obtain feedback on a development proposal prior to submitting an application?
Preliminary Applications are reserved for SB 330 projects, large or complex multi-family residential, mixed-use, or non-residential projects. It is strongly encouraged for applicants to discuss their submittal with a planner prior to submitting.
For other projects, individuals may discuss their proposals with a Planner in person at the City's Permit Center, via telephone at 408-615-2450 or via email at planning@santaclaraca.gov.
I see a development posting sign at a property near my home or in an area of interest to me. Can I see the plans?
If it is a large project, you may find the plans for the project online at our Development Activity webpage. Otherwise, interested individuals are welcome to contact the planner noted on the posting sign, the Planning Division at 408-615-2450, planning@santaclaraca.gov, or stop by the Permit Center to speak to the project planner regarding the proposed project.
General
Where can I find more information about Streamlined Two-Unit and Urban Lot Split (SB 9) Projects?Some two-unit projects may be eligible for ministerial review (without discretionary review or a hearing). Before submitting an SB 9 application, refer to the Planning Permit Application Process page.
What is the definition of an urbanized area or urban cluster?As defined by the U.S. Census Bureau, an urbanized area is an area with 50,000 or more persons, and an urban cluster is an area with at least 2,500 people, but less than 50,000 people. Maps of urbanized areas and urban clusters can be found on the official U.S. Census Bureau website.
Can you use SB 9 in zones that allow single-family development but are zoned primarily for multi-family or mixed-use development?No. The language of the statute is clear that it applies only to parcels in single-family residential zones. Since the intent of the legislation was to upzone or densify areas where only single-family development is currently permitted, it would not serve the purposes of the legislation for it to apply in areas where multi-family or denser uses are already permitted. SB 9 also does not apply to a parcel that is currently developed with a single-family home, if that parcel is located in anything other than a single-family residential zone.
Does SB 9 apply to homeowners' associations (HOAs)?SB 9 overrides local zoning only. It does not address rules or restrictions implemented and adopted by homeowners' associations or included in CC&Rs (covenants, conditions, and restrictions).
How do you verify that existing housing has not been rented in the last three years?SB 9 does not provide an explicit method for determining whether existing housing has been rented in the last three years. Given that, this is an issue that local agencies will want to address in an implementing ordinance or in their application procedures. Some approaches might include:
- In jurisdictions with existing records of rental properties, which may include business licenses, rent control registries, or inspection records, using data from the local records to be cross-referenced upon submission of an SB 9 application
- Requiring applicants to sign a declaration under penalty of perjury; and/or
- Providing that it is a violation of the Municipal Code or allowing a private cause of action if inaccurate information is submitted.
Unlike other state laws, such as SB 423 or SB 330, SB 9 does not include any provisions requiring HCD to issue guidelines for the implementation of SB 9. Nonetheless, HCD has provided an SB 9 Fact Sheet on SB 9 implementation.
Intersection with Other Laws
How does the state Density Bonus Law apply to the 4-unit scenario?State Density Bonus Law would not be applicable to SB 9 projects. Government Code § 65915(i) defines "housing development project," for the purposes of state density bonus, as "a development project for five or more residential units." SB 9 covers up to four units total on two contiguous lots. Additionally, the urban lot split section states specifically that local agencies are not required to allow more than the maximum of two units on each lot notwithstanding any provision of density bonus law.
How do SB 9 urban lot splits relate to the Subdivision Map Act and the fact that the Subdivision Map Act requires general plan conformanceThe language in SB 9 overrides any conflicting provisions of the Subdivision Map3 Act. Specifically, Government Code § 66411.7(b)(2) provides that "[a] local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act…, except as otherwise expressly provided in this section." General Plan and specific plan conformance is not required if it would preclude lot splits mandated by SB 9.
Do minimum frontage requirements apply to restrict lot subdivision?Minimum frontage requirements continue to apply unless the requirements would physically preclude the lot split or the construction of two units of at least 800 square feet each. However, SB 9 does allow local agencies to require the resulting parcels to have access to, provide access to, or adjoin the public right-of-way.
How does the Permit Streamlining Act apply if these are ministerial actions?SB 9 projects are subject to the Permit Streamlining Act’s requirements for completeness letters (within 30 days of submittal) and approval deadlines (within 60 days of determining that the project is exempt from CEQA).
Quantity/Accessory Dwelling Units (ADUs)
SB 9 states that "[a] housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to an existing unit." Why are some people saying that you can add two new units to a parcel with an existing single-family home?As the question states, Gov. Code § 65852.21(i) provides that a development contains two residential units if "the development proposes no more than two new units or if it proposes to add one new unit to one existing unit." This could be interpreted to mean that the statute applies to a two-unit proposal even if those units are proposed for a lot already containing a unit. While the urban lot split section (Gov. Code § 66411.7) clearly allows local agencies to limit total development to two units per lot, including existing units, ADUs, and JADUs, the same language is not present in the two-unit development section. The Legislature’s intent regarding a two-unit development on a single lot is not clear. It may be possible for an applicant who only uses the two-unit development provisions, but not the urban lot split provisions, to have more than two units on the lot.
Does SB 9 prohibit ADUs with an urban lot split, or can jurisdictions disallow ADUs with an urban lot split?SB 9 does not prohibit accessory dwelling units or junior accessory dwelling units on lots created by an urban lot split. Under SB 9, a local agency "shall not be required to approve" more than two units (including ADUs and JADUs) on a lot created via an SB 9 lot split. Agencies may also prohibit ADUs and JADUs on parcels created by urban lot splits that use the two-unit provision. Given this language, local agencies could choose to limit development on lots created by an urban lot split to two primary units each via adoption of an SB 9 implementing ordinance.
Are the two new SB 9 units entitled to an ADU or JADU?If the two new SB 9 units are not located on a lot created via the urban lot split provision, then ADUs and JADUs are allowed as under existing law. If the applicant used both the SB 9 lot split provisions and the SB 9 two-unit development provisions, then a local ordinance can limit total development to two units per lot, including ADUs and JADUs, or could choose to allow only two primary units on each lot.
If there is an existing four-unit building on a parcel in a single-family residential zone, can an applicant still add a duplex?The existing four-unit building would already be a non-conforming use in a single-family zone. Depending on the jurisdiction's non-conforming use policies, the non-conforming structure may need to be removed if the applicant wishes to add a duplex. However, the urban lot split provision (section 66411.7(i)) prohibits requiring correction of non-conforming zoning conditions for urban lot splits. Nonetheless, the agency can require that no more than two units be located on each lot.
Does SB 9 allow an applicant to use the duplex entitlements to build a single unit "monster home" and get around non-objective single-family design guidelines?Probably, yes. Section 65852.21(a) states, “A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing….” Later in the section, in paragraph (i), it also states “[a] housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.” Although it is not clear whether the legislature intended to include single-family home development, the "no more than two units" language in SB 9 could be interpreted to cover development projects proposing to construct one single-family home.
Are the new units created via the authority in SB 9 condominiums? Does SB 9 facilitate ministerial condominium conversions? Does SB 9 allow for condominium conversion of existing duplexes?SB 9 does not amend laws regarding condominiums. SB 9 does not allow denial of attached units so long as their design and construction allow them to be “separately conveyed,” i.e., sold separately as condominiums may be sold. New units created via the authority in SB 9 may be approved as condominiums if the applicant asks for that approval, but the application would need to meet state and local law concerning condominiums. A jurisdiction's regular condominium conversion process would also continue to apply.
Objective Standards
Can the applicant seek variances from zoning requirements?SB 9 provides that a local agency may apply its objective zoning standards so long as they do not physically preclude the construction of two units of at least 800 square feet each with four-foot setbacks (no setbacks are required if the unit is constructed in the same location and with the same dimensions as an existing structure). In that situation, the applicant does not need to apply for a variance.
For purposes of a duplex, can jurisdictions adopt an objective standard that says the units have to be within, for example, 10 feet of each other?Yes, a city could adopt this as an objective standard. However, if the standard or requirement would physically preclude the construction of two units or the construction of a unit that is at least 800 square feet, then it cannot be applied to the specific project. Also note that section 66411.7(k) provides that an urban lots split “shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.”
Is there a street frontage or lot width requirement for ministerial lot splits?SB 9 does not contain street frontage or lot width requirements. A local agency may apply an objective frontage or lot width requirement. It must, however, allow lot splits that create lots that are at least 1,200 square feet each where both lots are of approximately equal size. This likely means that the local agency may not be able to apply its minimum lot dimensions or frontage requirements to some urban lot splits.
Is the 4-foot setback provision similar to that for ADUs?Yes. A local agency cannot impose a rear or side setback greater than 4 feet, or less if a structure is in the same location and with the same dimensions as an existing structure.
Does the right of way dedication provision require cities to allow for flag lots, provided they meet the 60-40 split?The agency may require the parcel to have access to, provide access to, or adjoin a public right of way but must allow the lot split. Where a parcel does not front on a public right of way, the options are to allow a flag lot or to provide access to the public right-of-way via an easement through the other lot.
Could a jurisdiction define "sufficient to allow separate conveyance" to require separate HVAC systems and separate water connection to meet Title 24 requirements?Yes. Title 24 is a state law requirement. Therefore, compliance can be mandated assuming that Title 24 requires separate HVAC systems and water connections for units that are separately conveyed.
If a jurisdiction doesn't require "dedications" but a property owner wants to put in some improvements in the right-of-way, could the jurisdiction require that those meet the jurisdiction’s standards for right of way improvements?If an applicant includes improvements to the public right of way in its SB 9 application, the jurisdiction can require that those improvements meet objective agency standards.
Does the requirement for one parking space/unit supersede other local minimum parking requirements? For example, if local parking standards require two covered spaces per residential unit and additional parking spaces tied to additional bedrooms.Yes, SB 9 supersedes local standards. A local agency "may require" off-street parking of up to one space per unit, and "shall not impose" parking requirements where the parcel is located within one-half mile walking distance of either a high-quality transit corridor or major transit stop, or where there is a car share vehicle located within one block of the parcel.
Can a jurisdiction impose affordability requirements on units created via SB 9?There is nothing in the statute that would prohibit the imposition of objective affordability requirements. However, agencies should examine the economic feasibility of any affordability requirements to ensure that urban lot splits and two-unit developments remain economically feasible.
Fire/Infrastructure Challenges
Is it true that SB 9 cannot be used in high fire hazard severity zones?No. SB 9 provides that any proposed two-unit development or urban lot split must comply with the requirements of Government Code § 65913.4(a)(6)(D), which excludes projects in high or very high fire hazard severity zones, unless either: (1) the site was excluded from the zone by the jurisdiction; or (2) the site has adopted fire hazard mitigation measures “pursuant to existing building standards or state fire mitigation measures applicable to the development.” “Fire hazard mitigation measures” and “state fire mitigation measures” are not defined. A local ordinance could specify which “building standards” apply or reference the appropriate “state fire mitigation measures.”
An agency may also reject SB 9 proposals on a case-by-case basis where the local building official makes a written finding that the project would have a specific, adverse impact on public health and safety or the physical environment, based on inconsistency with an objective standard, and there is no feasible method to satisfactorily mitigate or avoid the impact.
If a jurisdiction has substandard existing sewer infrastructure, can those areas of the jurisdiction be excluded from SB 9 applicability?The local agency likely could not outright exclude those areas from SB 9 applicability. However, if projects are proposed in these areas, the local building official could deny the application if it would have a specific, adverse impact on public health and safety or the physical environment, by violating an existing objective standard, with no feasible method to satisfactorily mitigate or avoid the impact.
Can a jurisdiction prohibit someone from creating a new unit in an existing structure that would be below the Base Flood Elevation?To qualify for ministerial approval, SB 9 provides that an applicant must comply with all the requirements in Government Code §§ 65913.4(a)(6)(B)-(K). Subparagraphs (G) and (H) exclude development within a flood plain or floodway, respectively, as those sites are determined by maps promulgated by FEMA. However, subparagraphs (G) and (H) also allow development in a flood plain where FEMA has issued a flood plain development permit or meet FEMA criteria and allow development in a floodway where a no-rise certification has been issued or the project otherwise meets FEMA criteria. If these mitigation requirements are met, then it may be possible for the new unit to be built below Base Flood Elevation. Agencies should refer to the text of the statute.
Urban Lot Splits
Would the "sufficient to allow separate conveyance" provision allow someone to build an attached duplex but then sell them as two separate lots with their own yard?"Sufficient to allow separate conveyance" is not defined in the statute. However, “separate conveyance” means that the units can be sold separately. This phrase would seem to require that each unit be built to condominium standards so that they can be sold separately if the local agency approves a condominium application. Agencies may wish to define this in their local ordinances.
Should agencies record a deed restriction stating that the lot has been split using SB 9 and cannot be split further?This is not specifically addressed by SB 9. Two possibilities are a recorded deed restriction and a notation on the approved parcel map. It would be good practice for local agencies to include such a requirement in their implementing ordinances.
Reporting Requirements / Housing Element
How do jurisdictions account for SB 9 in Housing Elements?SB 9 requires jurisdictions to report (1) the number of units constructed pursuant to SB 9 and (2) the number of applications for parcel maps for urban lot splits under SB 9 in their annual housing element report. SB 9 itself does not include any reference to housing elements. The HCD TA memo may provide some guidance on how to project SB 9 development in a community’s housing element.
What can be included in a sites inventory?There is nothing in SB 9 that prohibits a jurisdiction from using SB 9-eligible parcels in their sites inventory, but there would be limited history to project how many units might be built and what income levels might be served.
Can I remove a street tree?
The Department of Public Works is responsible for the maintenance of street trees. Residents and contractors are prohibited from trimming and removing City trees.
Having a City street tree trimmed or removed by anyone other than City personnel is punishable by a fine of up to $1,000, plus the cost of replacing the tree and any associated administrative costs.
If a City street tree needs to be trimmed or removed, please fill out an online service request form or call Public Works at 408-615-3080. For additional information about street tree removal qualifications, please reference the City Street Trees website and the Guidelines for City Street Tree Removal (PDF).
Can I remove a tree on my property?
It depends. Protected trees shall not be removed without first getting a tree removal permit from the City. Protected trees include the following:
- Heritage trees in all zoning districts
- All specimen trees with a diameter of 12 inches or more when measured at 54 inches above the natural grade of the following species on private property:
- Aesculus californica (California buckeye)
- Acer macrophyllum (big leaf maple)
- Cedrus deodara (deodar cedar)
- Cedrus atlantica “Glauca” (blue Atlas cedar)
- Cinnamomum camphora (camphor tree)
- Platanus racemosa (western sycamore)
- Quercus (native oak tree species), including
- Quercus agrifolia (coast live oak)
- Quercus lobata (valley oak)
- Quercus kelloggii (black oak)
- Quercus douglasii (blue oak)
- Quercus wislizeni (interior live oak)
- Sequoia sempervirens (coast redwood)
- Umbellularia californica (bay laurel or California bay).
- Approved development trees
- A private tree which has a trunk with a diameter of 38 inches or more measured at 54 inches above natural grade.
- A multibranched private tree which has major branches below 54 inches above the natural grade with a diameter of 38 inches or more measured just below the first major trunk fork.
For Tree Removal Permit submittal requirements see the Planning Permit or Entitlement Application Process page and the Application Checklist (PDF).
