275 local rules on file Β· Pop. 7,008 Β· Santa Clara County
Showing ordinances that apply to San Martin, CA
San Martin is an unincorporated community with a population of approximately 7,008 in Santa Clara County, California. Because San Martin is not an incorporated city, it does not have its own municipal government or city code. Instead, Santa Clara County ordinances apply directly to residential and commercial properties here. The rules below are the county-level regulations that govern your area. Nearby incorporated cities in Santa Clara County may have different rules.
Santa Clara County home occupations must generate no more traffic, parking, or deliveries than normal residential use. Appointment-only visits and residential-scale deliveries only.
Unincorporated Santa Clara County allows home occupations as an accessory use under Zoning Ordinance Section 4.10.180. A General home occupation must be clearly incidental to the residence, conducted by residents with up to one outside employee, and limited to about three client visits a day.
A General home occupation that meets the Section 4.10.180 standards is allowed without a discretionary permit, but an owner may request a written interpretation from the zoning administrator (with a fee). Expanded home occupations on lots of one acre or more have stricter standards.
The County's Zoning Ordinance prohibits commercial food preparation as a home occupation, but expressly carves out cottage food operations as defined in California Health and Safety Code Section 113758. Cottage food is registered or permitted through the County Department of Environmental Health under state law.
State law treats a small family day-care home (six or fewer) as a residential use, and the County classifies it as a Residence allowed by right. A large-family day-care home (7 to 14 children) is allowed under an administrative permit per Division B24 of the County Ordinance Code.
A General home occupation may have one non-illuminated sign of up to one square foot; an Expanded home occupation may have one non-illuminated sign of up to four square feet. Larger or illuminated signage is not allowed, and other signs follow Zoning Ordinance Chapter 4.40.
In unincorporated Santa Clara County, ADUs are regulated under Zoning Ordinance Section 4.10.015 consistent with California ADU law. One ADU plus one Junior ADU is allowed per legal lot with a single-family residence, reviewed ministerially with no discretionary hearing.
Converting a garage or other accessory building into an ADU in unincorporated Santa Clara County is addressed in Zoning Ordinance Section 4.10.015(H). Conversions of buildings finaled before January 1, 2017 may keep existing nonconforming setbacks, consistent with state ADU law.
Carports are accessory structures regulated under Zoning Ordinance Section 4.20.020 in unincorporated Santa Clara County, with the same height, setback and location limits as other accessory buildings. A special-permit pathway exists for parking structures on steeply sloping lots.
Santa Clara County recognizes Movable Tiny Homes as a legal form of ADU in unincorporated areas. Under Zoning Ordinance Section 4.10.015(E), one movable tiny home per lot is allowed in lieu of one standard ADU, subject to certification, utility, and design standards.
Detached sheds and similar accessory buildings in unincorporated Santa Clara County are governed by Zoning Ordinance Section 4.20.020. Very small structures are exempt, while larger ones must meet height, location, setback, and lot-coverage limits that differ between urban and rural districts.
Santa Clara County Title 4 zoning permits veterinary clinics in commercial zones with conditions on overnight boarding, outdoor runs, noise, and odor. Larger animal hospitals, kennels, or large-animal practices typically require a use permit from county Planning.
California Fish & Game Code Β§3503 to Β§3516 protect native birds, nests, and eggs, with raptors and migratory species getting enhanced safeguards. Santa Clara County Title C reinforces wildlife protection by banning intentional harm and feeding in unincorporated areas.
Santa Clara County Code Title C requires sterilization of dogs and cats released from county shelters, mirroring California Food & Agricultural Code Β§30503. Cities such as San Jose and Sunnyvale extend a broader spay-neuter mandate to all owned dogs and cats over four months.
Santa Clara County Animal Services microchips every dog and cat adopted, redeemed, or released from its shelter and registers the chip to the new owner. San Jose and other cities now require microchips at licensing, expanding the mandate beyond shelter exits.
Santa Clara County and partner cities follow a coexistence model led by SCC Vector Control and CDFW: hazing, attractant removal, and lethal control only for sick or aggressive animals. Title C and city codes ban intentional feeding of coyotes and other wildlife.
California Health & Safety Code Β§122354.5 (AB-485, 2019) bars retail pet stores statewide, including throughout Santa Clara County, from selling dogs, cats, or rabbits unless sourced from public shelters or registered nonprofit rescues. SCC and city counsel handle enforcement.
Pet groomers in unincorporated Santa Clara County need a county business license, zoning compliance under SCC Title 4, and sanitation standards under SCC DEH. Mobile groomers add vehicle and wastewater discharge requirements. California has no state grooming license.
The County Zoning Ordinance treats apiaries (beekeeping) as part of the broad 'Agriculture' land use in unincorporated Santa Clara County. There is no County animal-code chapter setting hive counts or setbacks, but state apiary registration with the County Agricultural Commissioner applies.
Santa Clara County's animal code does not contain a standalone wildlife-feeding ban for unincorporated areas, but California Fish and Game regulations prohibit feeding big game mammals and non-domesticated predators statewide, and County agencies strongly discourage feeding wildlife.
In unincorporated Santa Clara County, dogs must be on a leash no longer than six feet or confined behind a six-foot fence. Letting an animal run at large on public or private property without consent is prohibited and is an infraction.
In unincorporated Santa Clara County, residential 'Small Animals - Limited' keeping allows up to 12 chickens and similar fowl. Roosters, peafowl, guinea fowl, geese, and quacking ducks are excluded from that allowance, and keeping five or more roosters needs a County permit.
Unincorporated Santa Clara County does not ban or restrict any dog breed. The County Code instead regulates individual dogs by behavior, defining and managing 'potentially dangerous' and 'vicious' dogs under Division B31. California state law also limits breed-specific regulation.
Unincorporated Santa Clara County requires a permit from the Manager of Animal Care and Control to keep any 'dangerous animal,' which the County Code defines to include wild, exotic, or venomous animals. State restricted-species permits and zoning rules also apply, and many exotics are prohibited outright.
Livestock keeping in unincorporated Santa Clara County is set by the County Zoning Ordinance, not the animal code. Hillside (HS) districts allow up to three large animals or six medium animals per acre by right, and livestock shelters must generally sit at least 100 feet from wells or watercourses.
On unincorporated parcels under five acres, the County Code allows up to two dogs (plus one litter per year) and five cats over four months old without a kennel permit. Parcels of five acres or more may keep three dogs. More animals require a private or commercial kennel permit.
Cats over four months old in unincorporated Santa Clara County must be licensed and rabies-vaccinated, with up to five cats allowed per parcel under five acres. Unaltered cats may not run at large, and the County manages feral/free-roaming cats through registered colonies and spay-neuter programs.
Unincorporated Santa Clara County addresses animal hoarding through its pet and kennel limits and public-nuisance authority under County Code Division B31, backed by California's animal-cruelty law (Penal Code 597), which can apply when overcrowding harms the animals' health and safety.
Santa Clara County zoning enforcement under Title A escalates penalties for repeated STR violations. Cities use formal strike systems suspending or revoking permits after multiple substantiated complaints.
Santa Clara County does not operate an extended home-share program for stays beyond standard short-term rental periods. State law treats stays of 30+ days as tenancies under California landlord-tenant rules.
California state law and city ordinances impose joint liability on STR hosts and platforms like Airbnb. Platforms must collect TOT, verify permits, and remove unpermitted listings on jurisdiction request.
There is no separate STR registry in unincorporated Santa Clara County, but the Transient Occupancy Tax Ordinance requires every lodging operator renting to transients to register with the County Director of Finance and post a Transient Occupancy Registration Certificate on the premises.
Short-term rentals in unincorporated Santa Clara County owe the County Transient Occupancy Tax of eight percent of rent on stays of 30 days or less. The host collects the tax from guests and remits it to the County; there is no separate County STR license fee.
Unincorporated Santa Clara County has no short-term-rental-specific occupancy cap. Because there is no dedicated STR ordinance, the number of guests is governed by general building, housing, and zoning standards for the dwelling rather than a fixed per-bedroom or per-property STR limit.
There is no short-term-rental-specific parking requirement in unincorporated Santa Clara County. Parking is governed by the general off-street parking standards in the Zoning Ordinance for the residential use, not by a separate STR rule mandating guest spaces.
Short-term rentals in unincorporated Santa Clara County are not subject to STR-specific noise limits, but they must comply with the County's general Noise Ordinance (Division B11), which sets exterior noise standards by land use, with lower nighttime limits from 10 p.m. to 7 a.m.
Unincorporated Santa Clara County imposes no general primary-residence requirement on short-term rentals. The only primary-residence condition in the County code applies to 'Bed and Breakfast Inns' tied to winery or agricultural operations, not to ordinary residential short-term rentals.
Unincorporated Santa Clara County has no host-presence or on-site-host requirement for short-term rentals. Because there is no dedicated STR ordinance, neither hosted-only operation nor a 24/7 local contact is mandated at the County level for ordinary residential rentals.
Unincorporated Santa Clara County imposes no annual night cap on short-term rentals. With no dedicated STR ordinance, there is no County limit on how many nights per year a property may be rented short-term, unlike several cities in the county.
Unincorporated Santa Clara County does not require short-term-rental hosts to carry or show specific liability insurance. With no dedicated STR ordinance, there is no County-mandated coverage amount or proof-of-insurance condition for ordinary residential rentals.
Unincorporated Santa Clara County has no dedicated short-term-rental permit ordinance. STRs are governed by the general Zoning Ordinance plus the County's Transient Occupancy Tax. There is no standalone STR license, but operators must register for the TOT and follow underlying residential zoning.
Residential pile/open burning in unincorporated Santa Clara County (a State Responsibility Area) requires both a CAL FIRE residential burn permit and a Bay Area Air District permit, and is allowed only on permissive burn days. Burning is frequently suspended entirely during fire season and drought years.
Properties in unincorporated Santa Clara County must maintain 100 feet of defensible space under California Public Resources Code 4291. The county fire marshal inspects, and annual grasses must be cut low. Requirements are enforced especially in the wildfire-prone Santa Cruz Mountains and Diablo Range foothills.
Backyard wood fires in unincorporated Santa Clara County must meet California Fire Code distance and attendance rules, but are routinely prohibited during CAL FIRE burn bans and Bay Area Spare the Air alerts. Propane and gas fire features stay legal when wood fires are banned.
Smoke alarm requirements in unincorporated Santa Clara County follow California state law: alarms in every bedroom, outside each sleeping area, and on every level, with carbon monoxide alarms where there are fuel-burning appliances or attached garages. Battery-only alarms must use sealed 10-year batteries.
Propane (LP-gas) storage in unincorporated Santa Clara County follows the adopted California Fire Code Chapter 61 and NFPA 58. Permits from the fire code official are required above code thresholds, larger tanks must meet siting and protection rules, and portable cylinders must be secured against tampering.
Much of unincorporated Santa Clara County - the Santa Cruz Mountains and Diablo Range foothills - is mapped as High or Very High Fire Hazard Severity Zone and wildland-urban interface. These designations trigger 100-foot defensible space, ignition-resistant building standards, and county fire marshal oversight.
All fireworks, including state-approved 'safe and sane' types, are banned in unincorporated Santa Clara County. The County's 'social host' ordinance also holds property owners liable. Administrative fines escalate from $350 to $1,000, on top of California's dangerous-fireworks prohibitions under Health & Safety Code section 12500 et seq.
Under the adopted California Fire Code, recreational fires must stay at least 25 feet from any structure or combustible material and portable outdoor fireplaces at least 15 feet. Fires must be constantly attended. Wood-burning fire pits are also banned outdoors during Bay Area air-district Spare the Air alerts.
Beyond height, Zoning Ordinance Section 4.20.050 requires fences to preserve sight clearance. On corner lots, fences are limited to 3 feet within the sight triangles defined by County Ordinance Code Section B17-69, and in rural districts no fence over 3 feet may sit within the driveway sight triangle. Pool barriers carry separate state safety rules.
Cost-sharing for a boundary fence between neighbors in unincorporated Santa Clara County is governed by California Civil Code Section 841, the Good Neighbor Fence Act. Adjoining owners are presumed to share equally in the reasonable cost of construction, maintenance, or replacement of a dividing fence, and a 30-day written notice is required before incurring costs.
California Health and Safety Code 115920 requires swimming pool barriers at least 60 inches tall with self-closing self-latching gates, plus a second drowning prevention feature in Santa Clara County.
Retaining walls are exempt from the County's accessory-structure zoning regulations under Zoning Ordinance Section 4.20.020(B)(2). Whether a building permit is required is governed by the California Building Code: a retaining wall not over 4 feet high (measured from the bottom of the footing) generally needs no permit unless it supports a surcharge, and grading permits may also apply.
The Santa Clara County Zoning Ordinance does not specify approved or prohibited fence materials for most areas. The main material-related rule is the urban agriculture exception in Section 4.10.345, which requires a taller front-yard agricultural fence to have a substantially open composition, no more than 25 percent solid. Scenic road and design review districts impose compatibility standards.
Santa Clara County does not mandate specific fence materials for unincorporated residential properties. Wood, vinyl, metal, masonry, and chain link are all generally allowed if height, placement, and sight-clearance rules in Zoning Ordinance Section 4.20.050 are met. Open-design requirements apply to taller urban agriculture front fences, and overlay districts can add visual compatibility standards.
Santa Clara County imposes no zoning permit for ordinary fences that meet the height limits in Zoning Ordinance Section 4.20.050, and fences 3 feet or less are exempt from design review. Under the California Building Code, a building permit is generally not required for a fence up to 7 feet, but taller fences and walls supporting a surcharge do.
In unincorporated Santa Clara County, Zoning Ordinance Section 4.20.050 limits fences to 3 feet within 20 feet of the front lot line and 8 feet elsewhere in urban residential districts. In rural districts, fences may reach 6 feet within 20 feet of a street right-of-way and 8 feet elsewhere. The cap does not apply to hedges.
Unincorporated Santa Clara County requires electric-vehicle charging readiness in new construction under its all-electric reach code. New single-family homes and townhomes must include a minimum of two EV outlets, and larger projects must provide charging-capable parking. The County also operates a Residential Permit Parking program and publishes EV charging locations.
On County-maintained roads in unincorporated Santa Clara County, general street parking is allowed unless posted otherwise. Parking is governed by the County's Stopping, Standing and Parking ordinance (Division B12, Chapter III) and the California Vehicle Code, with curb-color and sign restrictions controlling where parking is limited or prohibited.
Unincorporated Santa Clara County has no blanket overnight street-parking ban. Vehicles may park overnight on County roads unless a posted sign, curb marking, or permit-parking rule applies. The key general limit is the 72-hour maximum on continuous parking under the County's Stopping, Standing and Parking ordinance (Division B12, Chapter III).
Heavy commercial vehicles are restricted from parking in residential areas of unincorporated Santa Clara County. County rules generally bar parking commercial trucks with a gross weight rating over 10,000 pounds in residential areas, while allowing such parking on public streets in industrial areas. Loading and standing are further controlled by the County's parking ordinance.
Building or modifying a driveway approach in unincorporated Santa Clara County that encroaches on a County road requires an encroachment permit under Ordinance Division B17 from the Roads and Airports Department. The Zoning Ordinance (Sec. 4.30.070) sets driveway and parking-space dimensions, including an 8-foot minimum driveway pavement width.
Oversized and heavy vehicles face restrictions in unincorporated Santa Clara County. Commercial vehicles over 10,000 pounds gross weight rating are barred from residential areas, recreational vehicles must be registered to a resident and not used as housing, and the 72-hour continuous-parking limit applies to all vehicles on County roads.
Santa Clara County designates passenger and commercial loading zones on unincorporated roads under its Stopping, Standing and Parking ordinance (Division B12, Chapter III). Passenger loading zones have white curbs and commercial loading zones have yellow curbs, each posted with signs; default effective hours for both are 9:00 a.m. to 6:00 p.m.
Curb colors on unincorporated Santa Clara County roads follow California Vehicle Code Section 21458 and the County's Stopping, Standing and Parking ordinance: red (no stopping), yellow (loading freight/passengers), white (brief passenger loading/mail), green (time-limited parking), and blue (disabled parking). Only the County may officially paint and enforce these curbs.
Abandoned, wrecked, and inoperative vehicles are regulated by the County's Stopping, Standing and Parking ordinance (Division B12, Chapter III, Article 4) and the Zoning Ordinance. A vehicle left on a public road 72+ continuous hours may be removed, and the County runs an abandoned-vehicle abatement program through the Sheriff's Office under California Vehicle Code Section 22660.
In unincorporated Santa Clara County, RVs, campers, trailers, and boats kept on a residential lot must be registered to someone who lives at the property and cannot be used as housing. The County Zoning Ordinance regulates this under Section 4.20.090 (Recreational and Similar Vehicles).
There is no general aesthetic lawn-height limit for unincorporated Santa Clara County. The only enforceable height rule is the fire-driven Weed Abatement Program, which requires grass and weeds not to exceed 6 inches after the seasonal compliance deadline. Ornamental landscaping like roses and hedges is exempt.
Routine pruning of trees on private property in unincorporated Santa Clara County generally does not need a permit, except for heritage trees and trees in protected areas. Trees in the County right-of-way require approval, and fire-driven defensible-space pruning is encouraged in wildfire zones.
Rainwater harvesting is legal and encouraged in unincorporated Santa Clara County. California's Rainwater Capture Act (AB 1750) lets owners collect rooftop rainwater without a state water-right permit, and simple rain barrels generally need no local permit. The County's landscape ordinance promotes alternative water like harvested rainwater.
Division C16 of the County Ordinance Code requires an Administrative Tree Removal Permit and mitigation for removing protected trees in designated areas of unincorporated Santa Clara County, including Hillsides, Design Review districts, and historic zones. Healthy native trees 12 inches in diameter or more must be replaced.
The County's Weed Abatement Program covers all unincorporated areas and requires owners to keep grass and weeds below 6 inches, clear roadways, and protect structures from combustible vegetation. The unincorporated compliance deadline is April 1, and non-compliant parcels are abated at the owner's cost.
Outdoor watering in Santa Clara County is governed mainly by Valley Water (the countywide water agency) and California state law, not by a County land-use ordinance. Common rules include no irrigation between 9 a.m. and 6 p.m., no watering within 48 hours of rain, and no runoff.
Native and low-water plants are strongly encouraged in unincorporated Santa Clara County. The County's Sustainable Landscape Ordinance offers a native-plant compliance path, and California law (Civil Code 4735) bars HOAs from prohibiting low-water and drought-tolerant plantings. Native plants are favored, not restricted.
Composting is encouraged in unincorporated Santa Clara County, and the County's Sustainable Landscape Ordinance explicitly promotes compost use. California's SB 1383 also requires all residents to keep organic waste (food scraps and yard trimmings) out of landfills, through curbside organics collection, home composting, or self-haul.
Artificial turf is allowed in unincorporated Santa Clara County, and California Civil Code 4735 bars HOAs from prohibiting synthetic grass. Large new landscapes may need a Sustainable Landscape Ordinance permit, and synthetic turf does not count as water-efficient landscape area or satisfy required plant cover.
Unincorporated Santa Clara County's Noise Ordinance treats animal noise as a disturbance: keeping any animal or bird that barks, howls, meows or squawks continuously for 10 minutes, or intermittently for one-half hour or more, in a way that crosses a residential or commercial property line, is prohibited.
In unincorporated Santa Clara County, the County Noise Ordinance (Division B11, Chapter VIII) sets stricter nighttime exterior noise limits from 10:00 p.m. to 7:00 a.m. For one- and two-family residential receiving land use, the nighttime limit is 45 dBA versus 55 dBA during the day.
In unincorporated Santa Clara County, Section B11-154 prohibits construction, drilling, repair, alteration or demolition noise that creates a disturbance across a residential or commercial property line between 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and at any time on Sundays or holidays.
Unincorporated Santa Clara County has no separate dedicated leaf-blower ordinance; gas leaf blowers fall under the County Noise Ordinance's exterior limits and 'domestic power tools' provisions. Statewide, California now bans the sale of new gas-powered leaf blowers and lawn equipment under the small off-road engine (SORE) rule.
In unincorporated Santa Clara County, amplified music is restricted by the County Noise Ordinance: radios, TVs, musical instruments and similar devices may not create a disturbance across a property line between 10 p.m. and 7 a.m., and music/speech noise lowers the applicable exterior limit by 5 dB. Outdoor amplified events require a County permit.
Unincorporated Santa Clara County's Noise Ordinance includes a motor-vehicle noise provision (Section B11-155). On public roads, vehicle exhaust and muffler noise are primarily controlled by California Vehicle Code sections 27150 and 27151, which require an adequate muffler and prohibit modified exhaust exceeding 95 dBA.
Unincorporated Santa Clara County sets exterior decibel limits by receiving land use (Section B11-152): one/two-family residential 55 dBA day / 45 dBA night; multifamily 50 dBA night; commercial 65 dBA day / 60 dBA night; light industrial 70 dBA and heavy industrial 75 dBA at any time. Music, speech or steady tones lower limits 5 dB.
In unincorporated Santa Clara County, industrial noise is capped by the County Noise Ordinance's exterior limits (Section B11-152): light industrial 70 dBA and heavy industrial 75 dBA at any time. Steady tones such as a whine, screech or hum lower the applicable limit by 5 dB, and stationary equipment has additional scheduled limits.
Outdoor music in unincorporated Santa Clara County is regulated by the County Noise Ordinance's exterior limits (with a 5 dB stricter threshold for music) and, for events using amplification, by a required Outdoor Amplified Sound Permit (Division B3, Chapter VIII) that must comply with the noise ordinance thresholds.
Aircraft noise in unincorporated Santa Clara County is largely outside local control: federal law (FAA) preempts local enforcement of aircraft and airport noise regulations. The County manages compatibility through its Airport Land Use Commission and General Plan, with four public-use airports including San Martin and Reid-Hillview.
Above-ground pools deep enough to count as swimming pools need a County building permit and must meet the same five-foot setback (Zoning Ordinance 4.20.J) and the state Pool Safety Act barrier rules. The pool wall itself can serve as part of the barrier if it is at least 60 inches high.
Spas and hot tubs are treated like pools: they need a County building permit, must keep a five-foot setback (Zoning Ordinance 4.20.J), and must meet the Pool Safety Act. A spa or hot tub with a listed safety cover meeting ASTM F1346 is exempt from the barrier requirements.
In unincorporated Santa Clara County, a building permit from the Department of Planning and Development is required to construct a residential pool or spa. The County Code includes a dedicated swimming pool division (Division B18), and pools are also regulated as accessory uses under the Zoning Ordinance.
The County defers pool-barrier dimensions to California law. Under the Pool Safety Act (HSC 115923), a qualifying enclosure must be at least 60 inches high, leave no more than a 2-inch gap below, block a 4-inch sphere through any opening, and have a self-closing, self-latching gate that opens away from the pool.
Residential pools and spas must meet California's Swimming Pool Safety Act. When a building permit issues for a new or remodeled single-family pool or spa, the owner must install at least two of seven drowning-prevention features, and new pools need anti-entrapment suction outlet covers.
Santa Clara County grading follows Division C12 and CBC Appendix J. Sites must slope runoff away from foundations at 5 percent for 10 feet. Redirecting drainage onto neighbors is barred.
Santa Clara County declared a climate emergency in 2020 and adopted the OneSCC 2030 Sustainability Master Plan setting county-operations carbon neutrality and aggressive countywide reduction targets. The Office of Sustainability coordinates implementation across departments serving 1.9 million residents.
Properties in CalFire State Responsibility Area and Very High Fire Hazard Severity Zones must maintain 100 feet of defensible space under California PRC Β§4291. Santa Clara County FireSafe Council and CalFire enforce in foothill unincorporated communities like Saratoga Hills, Los Altos Hills, and Mount Hamilton.
California Code of Regulations Title 13 Β§2485 caps heavy-duty diesel idling at five minutes statewide, enforced across Santa Clara County by CARB and the Bay Area Air Quality Management District. The county fleet idle-reduction policy mirrors the limit for county-owned trucks and buses.
Santa Clara County's Sustainable Procurement Policy directs all departments to prioritize recycled-content, energy-efficient, low-toxicity, and locally sourced products. Procurement leads the county's transition to a zero-emission light-duty fleet under the OneSCC Sustainability Plan.
Santa Clara County Roads and Airports runs limited cool pavement pilots in heat-vulnerable unincorporated communities like East San Jose foothill fringes. Reflective coatings reduce surface temperatures by roughly 10 to 15 degrees Fahrenheit on summer afternoons aligned with OneSCC heat equity goals.
Santa Clara County Title B Building Code adopts CALGreen Title 24 Part 11 baseline plus reach-code amendments requiring cool roofing on new construction and major reroofs in unincorporated areas. Reflective materials must meet minimum solar reflectance and thermal emittance ratings under Title 24 Part 6.
The OneSCC 2030 Sustainability Master Plan and county tree canopy goals guide heat island mitigation through cool roofs, cool pavement, urban forestry, and cooling-center activations when National Weather Service forecasts highs at or above 95 degrees Fahrenheit for two consecutive days in unincorporated areas.
Santa Clara County Division C12 requires a grading permit over 50 cubic yards or 5000 sq ft disturbance. Hillside grading is barred Oct 15 to Apr 15 without winterization. Sites over 1 acre need state CGP.
Santa Clara County stormwater follows SCVURPPP and Municipal Regional Permit MRP 3.0. Projects over 10000 sq ft impervious need Low Impact Development treatment. Non-rain discharges are prohibited.
Santa Clara County enforces FEMA NFIP rules via Division B17. Zone A and AE areas along Coyote Creek and Guadalupe River require construction 1 foot above Base Flood Elevation. Federal loans need insurance.
California AB-1346 banned the sale of new gas-powered leaf blowers and other small off-road engines under 25 horsepower starting 2024, applying across Santa Clara County. Several cities including Palo Alto, Los Altos, and Los Gatos enforce stricter operating bans, while unincorporated areas follow the state floor.
Santa Clara County has adopted strong sanctuary policies since 2011, refusing to honor ICE civil detainers without a judicial warrant. Board resolutions in 2011, 2017, and 2023 reaffirmed the policy. California SB-54 reinforces the limits statewide.
California AB-1236 (Labor Code Β§2814) prohibits Santa Clara County and any city from requiring private employers to use E-Verify. Federal mandates apply only to federal contractors. SCC and its 15 cities impose no E-Verify requirement.
California Penal Code section 53071 preempts almost all local firearm regulation, so Santa Clara County cannot register or restrict gun ownership beyond state law. Narrow zoning and ammunition vendor rules survive in unincorporated areas under SCC Ord. NS-509.99.
California Penal Code section 26350 bans open carry of unloaded handguns in incorporated areas, and section 26400 bans openly carried unloaded long guns. All fifteen Santa Clara County cities are incorporated; loaded open carry is barred everywhere countywide.
California Penal Code section 25400 prohibits carrying a concealed firearm without a CCW. The Santa Clara County Sheriff issues permits to county residents under shall-issue rules following Bruen and SB-2, with sensitive-place limits applied countywide.
California Penal Code sections 25400 and 25610 require firearms transported by vehicle in Santa Clara County to be unloaded, with handguns inside a locked container or trunk. Long guns must be unloaded but may ride in the passenger compartment if encased.
Santa Clara County requires every vape and tobacco retailer in unincorporated areas to hold a Tobacco Retail License under Ordinance NS-300.789 plus a state CDTFA license. Sales of flavored vape products are barred under earlier county Ordinance NS-300.913 and California SB-793.
Santa Clara County Ordinance NS-300.913, adopted in 2010 and predating the LA County and statewide bans, prohibits sale of all flavored tobacco products including menthol cigarettes and flavored e-liquids in unincorporated areas. California SB-793 imposes the same ban statewide as of December 2022.
Federal Tobacco 21 (Public Law 116-94) and California Business and Professions Code section 22963 bar Santa Clara County retailers from selling cigarettes, cigars, vapes, or any tobacco product to anyone under twenty-one. SCC Public Health enforces in unincorporated areas with photo-ID checks.
Santa Clara County has no county-specific minimum wage above the California state floor for unincorporated areas. Workers in unincorporated SCC follow the state rate set by SB-3, while San Jose and other cities maintain higher local minimums.
Santa Clara County has no county paid-leave ordinance. Workers in unincorporated areas follow California SB-616's five-day statewide floor. San Jose and a few other cities have not enacted higher local rules, so SB-616 governs across the county.
California SB-525, signed October 2023, establishes tiered minimum wages for covered healthcare workers ranging from $18 to $25 per hour. Santa Clara County hospitals and clinics follow state schedules; the county adds no additional local healthcare wage floor.
Santa Clara County has no predictive-scheduling ordinance. California AB-1228 governs fast-food workers via the statewide Fast Food Council. Outside fast food, no local or state predictable-schedule mandate applies in SCC unincorporated areas or its 15 cities.
Santa Clara County Ordinance NS-1100, adopted in 2008 as the first county-level bag ban in the nation, prohibits single-use plastic carryout bags in unincorporated areas and requires a paper-bag charge. California SB-270 and AB-1162 (2024) now mirror the rule statewide.
Santa Clara County Ordinance NS-300.881 bars food vendors and county facilities in unincorporated areas from using expanded polystyrene foam containers, cups, plates, and trays. California AB-1276 (Public Resources Code section 42273) and SB-54 extend parallel statewide standards to all cities.
California AB-1276 (Health and Safety Code Β§42270 et seq.) prohibits full-service and takeout food facilities from providing single-use utensils, straws, or condiment packets unless requested by the customer. Santa Clara County DEH enforces locally.
California AB-1884 (Public Resources Code section 42270) and AB-1276 make Santa Clara County a straws-on-request jurisdiction. Restaurants countywide cannot auto-distribute single-use plastic straws; disability requests must be accommodated without burden under state and federal law.
California Civil Code Β§1954.603 requires every Santa Clara County landlord to give new tenants a written bed-bug information notice and disclose known infestations. SCC DEH and city code enforcement respond to habitability complaints; treatment cost normally falls on the landlord.
Santa Clara County Department of Environmental Health inspects every restaurant, market, and mobile food facility countywide and posts a numerical inspection score and report online. Unlike LA, SCC uses risk-based scoring rather than letter grades; sub-standard facilities may face closure.
Santa Clara County Vector Control District handles outdoor rodent surveillance and resident complaints countywide, while SCC DEH addresses food-facility infestations. California AB-1788 bans second-generation anticoagulant rodenticides for non-licensed users to protect raptors and other wildlife.
California Health & Safety Code Β§118286 bans home-generated sharps in trash or recycling. Santa Clara County Public Health distributes free SHARP containers and operates syringe exchange and drop-off sites countywide. Mail-back kits are also available through the program.
Santa Clara County Public Health's Healthy Stores program partners with corner stores and small markets to stock fresh produce, low-sugar beverages, and whole-grain items. Participation is voluntary, with technical assistance, signage, and refrigeration grants offered to qualifying retailers.
FDA menu labeling under 21 CFR Β§101.11 requires chain restaurants of 20 or more locations to post calorie counts on menus and menu boards. Santa Clara County Department of Environmental Health enforces compliance during routine food facility inspections.
Under California Health and Safety Code Β§113948, every food handler in Santa Clara County must obtain an ANSI-accredited food handler card within 30 days of hire. Cards are valid for three years. SCC DEH inspectors verify compliance during routine retail food inspections countywide.
Santa Clara County Code Title C Zoning establishes A (Exclusive Agriculture) and AR (Agricultural Ranchlands) districts for unincorporated areas. Williamson Act contracts further restrict prime farmland in Coyote Valley, San Martin, and the Gilroy growing belt to agricultural use.
California Civil Code Β§3482.5 protects established agricultural operations from nuisance suits after three years of consistent activity. SCC layers this with the Williamson Act and agricultural preserves in Coyote Valley and the Gilroy-Morgan Hill area.
Santa Clara County imposes no countywide buyout disclosure rule. Cash-for-keys agreements in unincorporated areas follow only baseline California contract and Civil Code rules, unlike San Jose and Mountain View, which require formal disclosures.
Unincorporated Santa Clara County applies California's AB-1482 no-fault grounds: owner move-in, substantial remodel, demolition, government order, and Ellis Act withdrawal. Each path requires written notice, statutory relocation, and good-faith intent.
Santa Clara County has not adopted a countywide tenant anti-harassment ordinance for unincorporated areas. Tenants rely on California Civil Code Β§1940.2 against forcible exclusion plus tort remedies for retaliation or harassment.
The Santa Clara County Housing Authority (SCCHA) administers federal Section 8 Housing Choice Vouchers across the county. Landlords accepting vouchers must pass an HQS inspection and cannot refuse applicants based on voucher status.
Unincorporated Santa Clara County does not require rental property registration, though business licenses may apply to multi-unit and short-term rental operators.
Santa Clara County landlords must follow California AB 1482 just cause eviction rules, requiring specified reasons and relocation assistance for no-fault terminations.
Santa Clara County has no countywide rent stabilization, so pass-through charges in unincorporated areas follow state law. AB-1482 caps annual rent increases at 5% plus CPI, capped at 10%, including any operating cost passthroughs.
Santa Clara County has no countywide relocation ordinance for unincorporated areas. State law controls: AB-1482 requires one month of rent for no-fault terminations and the Ellis Act adds extra pay for elderly or disabled tenants.
Unincorporated Santa Clara County follows California AB 1482 statewide rent cap (5 percent plus CPI, max 10 percent) with no local rent control ordinance.
California Government Code Β§12955, expanded by SB-329 in 2020, prohibits housing discrimination based on lawful source of income, including Section 8 vouchers. Santa Clara County enforces statewide rules through state CRD; no separate county code exists.
California Civil Code Β§1950.5, amended by AB-12 effective July 2024, caps residential security deposits at one month's rent statewide. Santa Clara County adds no local cap, so the state rule governs unincorporated and incorporated rentals alike.
California permits state-licensed retailer cannabis delivery into any jurisdiction under DCC regulations. Santa Clara County does not host retail storefronts in unincorporated areas but cannot ban delivery into homes.
California's MAUCRSA framework lets local jurisdictions adopt social equity programs. Santa Clara County has limited unincorporated cannabis licensing, with state Bureau of Cannabis Control administering equity outreach grants.
California Business and Professions Code Β§26054 prohibits cannabis licensees within 600 feet of schools, daycares, and youth centers. Santa Clara County Title C zoning may impose larger buffers in unincorporated areas.
California Proposition 64 and Health and Safety Code Β§11362.1 allow adults 21+ to grow up to six cannabis plants per residence for personal use. Santa Clara County follows the state baseline.
Santa Clara County Title C zoning sharply limits commercial cannabis in unincorporated areas. Most cultivation, manufacturing, and retail must locate in incorporated cities with permissive ordinances like San Jose.
Santa Clara County has no countywide mansionization ordinance, but Title C zoning sets floor area ratio caps, lot coverage limits, and tiered setbacks in residential and rural districts of unincorporated areas, including hillside, scenic, and AP-Agricultural Preserve overlays.
Santa Clara County Code Title B adopts the California Residential Code R313, requiring NFPA 13D fire sprinklers in all new one- and two-family dwellings and townhomes in unincorporated areas, with County Fire reviewing plans.
Santa Clara County Title B classifies childcare centers as Group E or I-4 occupancies with specific egress, fire-protection, and lead clearance requirements. CCR Title 22 licensing through CDSS adds operational rules on staffing, square footage, and outdoor space.
Santa Clara County Title B and the California Fire Code adopt CFC Section 1010, restricting locks and latches on required egress doors. Single-action hardware, no double-cylinder deadbolts on exits, and panic hardware in assembly occupancies are mandatory.
Santa Clara County Title B adopts the California Green Building Standards Code (CALGreen, Title 24 Part 11) plus reach-code amendments requiring all-electric new construction, EV-ready parking, and heat-pump water heating in unincorporated areas effective 2023.
Santa Clara County pest control follows CA DPR and County Ag Commissioner rules under Food and Ag Code 11701. Licensees register yearly and notify neighbors before fumigation. Tenants get 24 hour notice.
Santa Clara County scaffolding follows CA Labor Code 7150 through 7157 and Title 8 CCR 1635 to 1662. Scaffolds over 36 feet need engineered plans. All must have guardrails, toeboards, and pre-shift inspection.
Santa Clara County elevators are regulated by Cal/OSHA under Labor Code 7300 to 7324. Every conveyance needs annual inspection and a current permit. HOA and condo elevators follow commercial rules.
Santa Clara County pre-1978 home renovation follows EPA RRP rules and CA Health and Safety Code 17920.10. Contractors disturbing more than 6 sq ft interior or 20 sq ft exterior painted surfaces must be lead-certified.
Santa Clara County has no mandatory retrofit ordinance for non-ductile concrete buildings in unincorporated areas. The County Office of Emergency Services maintains a voluntary inventory and supports ASCE 41-17 evaluation, while no countywide mandate parallels San Francisco or Berkeley.
California SB-721 (apartments) and SB-326 (HOA condos) require periodic inspection of exterior elevated elements like balconies, decks, and walkways. Santa Clara County Planning and Development enforces in unincorporated areas; first inspections were due January 1, 2025.
California Vehicle Code Section 22658 governs private-property towing; tow operators serving Santa Clara County Sheriff calls must qualify for the Official Police Garage rotation, meeting equipment, response time, storage, and rate-posting standards.
Unincorporated Santa Clara County restricts adult businesses to specific commercial zones under Title C, requiring buffers from schools, churches, parks, residences, and other adult uses, plus county business licensing and operator permits.
California Business and Professions Code Section 4600 et seq. preempts most local massage licensing through the CAMTC; Santa Clara County still requires a business license, zoning compliance, and adds local sanitation and inspection rules for unincorporated establishments.
Tattoo, piercing, branding, and permanent cosmetics in Santa Clara County require Department of Environmental Health Body Art permits; California Penal Code Section 653 prohibits tattooing anyone under 18 statewide.
Santa Clara County's Tobacco Retail License ordinance NS-300.789, among California's strongest, requires every tobacco and vape retailer in unincorporated areas to hold an annual license, caps density, and bans new tobacco retail near schools.
Smoke shops in unincorporated Santa Clara County must hold a Tobacco Retail License and comply with Ordinance NS-300.913, which bans the sale of all flavored tobacco and vape products including menthol, predating California's statewide ban.
California Business and Professions Code Section 21626 requires secondhand dealers to register with local law enforcement, hold tangible items 30 days, and report acquisitions daily; the Santa Clara County Sheriff administers registration for unincorporated areas.
Pawnbrokers in California operate under Financial Code Section 21000 et seq., requiring state licensing through the Department of Justice plus local law enforcement registration; Santa Clara County Sheriff handles reporting for unincorporated areas.
Santa Clara County Title C zoning prohibits commercial auto repair as a home occupation in residential zones; mechanics may service their own vehicles inside an enclosed garage but cannot operate a paid auto repair business from a home.
Santa Clara County Code Title B and California Penal Code Section 647 prohibit aggressive solicitation in unincorporated areas, including blocking pedestrians, threatening conduct, touching, or soliciting near ATMs, bus stops, and outdoor dining. Passive panhandling remains protected speech, but aggressive conduct is enforced by the Sheriff.
Santa Clara County Code Title D public-health provisions and California Penal Code Section 647(c) prohibit urinating or defecating in any public place or on private property visible from a public way. Violations are infractions starting around $250, enforced by the Sheriff and the County Public Health Department.
Skateboarding in unincorporated Santa Clara County is restricted to designated park facilities under Title M, while California Vehicle Code Section 21212 requires riders under eighteen to wear a helmet on any street, bikeway, or trail. San Jose, Sunnyvale, and other cities add downtown and plaza-specific bans.
Santa Clara County Code Title B and California Penal Code Section 415 treat loud or unruly gatherings as a public nuisance. Several cities, including San Jose and Sunnyvale, layer second-response cost-recovery ordinances that bill hosts, owners, and adult residents for repeat law-enforcement responses after a written warning.
Santa Clara County does not prohibit loitering itself because vague loitering bans violate the First and Fourth Amendments. Only narrow loitering-with-intent conduct is reachable under California Penal Code Sections 647(b) and 647(h), consistent with Papachristou v. Jacksonville and City of Chicago v. Morales.
Santa Clara County Smoke-Free Air Ordinance NS-300.821, codified in Title D, is among California's strongest county-level smoke-free rules. It bans tobacco, vaping, and cannabis smoking in unincorporated multi-unit housing, outdoor dining, public events, parks, and within thirty feet of doorways and air intakes.
California Assembly Bill 2147, the Freedom to Walk Act, amended Vehicle Code Section 21955 effective January 2023. Crossing midblock outside a marked crosswalk is now an infraction only when an immediate hazard of collision exists. The Santa Clara County Sheriff applies the statewide standard in unincorporated areas.
California Health and Safety Code Section 11362.3 prohibits smoking, vaping, or consuming cannabis in any public place, anywhere tobacco smoking is banned, and within one thousand feet of a school, daycare, or youth center while children are present. The Sheriff enforces a $100 infraction in unincorporated areas.
California Business and Professions Code Section 25620 makes possessing an open container of alcohol in any public place an infraction. Santa Clara County Code Title B separately bans drinking in unincorporated parks, beaches at Vasona and Calero reservoirs, and public rights-of-way without a permit. The Sheriff and park rangers enforce.
Santa Clara County Planning operates under the Comprehensive General Plan with mandatory state elements plus area-specific plans for South County, Rural Unincorporated Areas, and the Stanford Community Plan. These overlay Title C base zoning across all unincorporated land.
Projects setting aside affordable units in unincorporated Santa Clara County qualify for state-mandated density bonuses, parking reductions, and concessions under California Government Code Section 65915, implemented locally through Title C zoning provisions, with bonuses now up to 80 percent.
Valley Water (Santa Clara Valley Water District) sets countywide conservation rules requiring outdoor irrigation only on assigned days, banning watering during daytime hours, and tightening cuts during declared droughts. Retailers like San Jose Water enforce locally with surcharges.
Valley Water and partner retailers operate recycled water programs distributing tertiary-treated water through purple-pipe systems for irrigation and industrial use. South Bay Water Recycling and the SVAWPC supply Santa Clara County under California Code Title 22 standards.
Santa Clara County imposes a business license tax on businesses operating in unincorporated areas. Each SCC city operates an independent business tax with varying rate structures; San Jose's Business Tax Ordinance is largest, generating millions annually.
Santa Clara County has not adopted a Measure ULA-style mansion tax on high-value real estate transfers. The California Documentary Transfer Tax under Revenue and Taxation Code Β§11911 sets the baseline rate for SCC property conveyances.
Santa Clara County has not adopted a vacant-property tax on long-empty residential or commercial units. No SCC city has enacted a vacancy tax, leaving owners unaffected by Oakland-style or San Francisco-style penalties on prolonged vacancy.
Santa Clara County imposes limited inclusionary housing requirements in unincorporated areas. Major SCC cities including San Jose, Mountain View, Cupertino, and Palo Alto adopted their own commercial linkage fees and inclusionary ordinances at varying rates.
Santa Clara County has no countywide parking tax in unincorporated areas. San Jose imposes a 10% parking-tax on commercial parking facilities. Other SCC cities have not enacted similar taxes, making San Jose the primary venue for parking taxation.
Outdoor advertising in Santa Clara County must follow Caltrans brightness rules adopted from the federal Highway Beautification Act. Digital displays cannot exceed 0.3 footcandles over ambient at the regulated measurement distance and must dim automatically at night.
Decorative holiday and seasonal lighting is broadly exempt from Santa Clara County outdoor-lighting standards from November through early January. Permanent year-round string lighting still must meet shielding, color-temperature, and light-trespass rules under Title C zoning.
Santa Clara County Title C outdoor-lighting standards require full-cutoff shielding on security and area lights to prevent glare and light trespass. The rules align with International Dark-Sky Association practice and limit upward and lateral light beyond property lines.
Unincorporated Santa Clara County does not have a single comprehensive dark-sky ordinance. Instead, the Zoning Ordinance controls light through use-specific and performance standards, including shielding to prevent off-site spillover and 90-degree-cutoff fixtures for nonresidential parking lots.
Unincorporated Santa Clara County addresses light trespass through performance standards rather than a numeric residential limit. Lighting must not create glare noticeable beyond property boundaries, and several use standards require shielding so the light source is not visible off-site.
Planting any tree in a Santa Clara County parkway, the strip between sidewalk and curb on county-maintained roads, requires an encroachment permit and approved species selection from the County Roads and Airports approved street tree list.
Santa Clara County Ordinance NS-300.847 protects heritage oaks, native sycamores, redwoods, buckeyes, and other native species in unincorporated areas. Removal requires permits, mitigation planting, and arborist reports. Cities including Palo Alto, Los Altos, and Saratoga add comparable protected lists.
The OneSCC Sustainability Master Plan and county Climate Roadmap 2030 set urban forest equity goals tied to heat-vulnerable neighborhoods. Targets include doubling canopy cover in low-income areas through partnerships with cities, Valley Water, and Our City Forest.
Division C16 of the County Ordinance Code requires an Administrative Tree Removal Permit and mitigation to remove protected trees in designated unincorporated areas - Hillsides, Design Review districts, and the New Almaden historic district. There is no permit fee, but replacement trees and arborist review are typically required.
Santa Clara County Title B noise standards measure complaints in dBA, which underweights low-frequency bass. Code enforcement may use dBC slow-response measurements when bass complaints persist, especially from car stereos, nightclub subwoofers, and residential parties.
Helicopter noise over Santa Clara County is regulated by the FAA, not by county ordinance. SCC Title B noise rules cannot bind aircraft in flight; complaints route to the FAA Western-Pacific Region or the operator's voluntary noise hotline.
Santa Clara County Title B limits construction equipment noise in unincorporated areas to weekday daytime hours and caps levels at the property line. Cities like San Jose, Sunnyvale, and Cupertino adopt their own stricter or comparable construction noise ordinances.
Truck noise on Santa Clara County roads is governed by California Vehicle Code sections 23130 and 27007, capping engine and stereo noise. SCC unincorporated commercial zones add early-morning loading restrictions enforced by Title B.
Helicopter routes across Santa Clara County are set by FAA NorCal TRACON, not by county or city ordinance. San Jose Mineta International publishes voluntary noise abatement procedures, and Reid-Hillview maintains preferred corridors over commercial zones.
San Jose Mineta International and Reid-Hillview Airport restrict aircraft engine run-ups during nighttime hours under voluntary noise abatement procedures. Pilots must use designated run-up pads, and ground operations are governed by airport rules under FAA Part 150 noise compatibility plans.
Hospital helipads in Santa Clara County operate under California Department of Public Health licensing and FAA flight rules. SCC Title B governs ground noise but cannot restrict emergency arrivals. Stanford, Valley Medical, and Good Samaritan operate active helipads.
Bars and nightclubs in unincorporated Santa Clara County must operate under a Conditional Use Permit with noise conditions. ABC licensing and 45 dBA night limits at residential apply.
HVAC noise in Santa Clara County must comply with 55/45 dBA residential limits at neighbor property lines. New installations often need acoustic screening and setback compliance.
Generators in Santa Clara County are allowed for emergency use during PSPS and outages, but routine testing must meet 55/45 dBA limits. Permanent standby units need building permits.
Santa Clara County imposes a Transient Occupancy Tax under Title B on hotel stays in unincorporated areas. Cities collect their own TOT at higher rates: San Jose 10%, Sunnyvale 12.5%, Mountain View 10%, with funds supporting general operations and tourism.
Santa Clara County and its cities have not enacted hotel worker retention ordinances similar to Los Angeles or Long Beach. Hotel workers in SCC rely on California Labor Code protections and union contracts rather than mandatory retention rules during ownership transitions.
Santa Clara County's Living Wage Policy requires county service contractors to pay minimum living wages and provide health benefits. The policy covers contractors providing services to the county, not hotels broadly, which fall under city wage rules.
Santa Clara County has no equivalent to Los Angeles Municipal Code 41.18 anti-camping ordinance. SCC cities vary: San Jose enforces narrow obstruction rules, Sunnyvale prohibits public camping, while unincorporated SCC relies on Sheriff's discretion under state public-nuisance law.
Santa Clara County unincorporated has no sit-lie ordinance. SCC cities maintain limited rules subject to Martin v. Boise and Grants Pass v. Johnson constitutional limits, blocking enforcement when shelter capacity is unavailable.
Santa Clara County operates the CA-501 Continuum of Care coordinating encampment response across cities. Major operations including Vallco and Coyote Creek follow phased outreach, sanitation, and rehousing protocols rather than immediate sweeps.
Santa Clara County's Continuum of Care operates bridge housing through Project Homekey hotel conversions, navigation centers, and tiny-home villages. SB-9 and AB-2011 streamlining accelerate affordable conversions in commercial corridors with reduced CEQA review.
Filming on Santa Clara County roads or property requires a county film permit through the Office of the County Executive. Cities including San Jose, Mountain View, Palo Alto, and Sunnyvale operate independent film offices with separate fees and insurance requirements.
Santa Clara County and most cities offer reduced or waived filming fees for verified student productions from accredited institutions. San Jose, Palo Alto, Mountain View, and Stanford-area filming follows streamlined student permit processes with faster turnaround.
Parades on Santa Clara County roads require permits from Roads and Airports plus Sheriff coordination for traffic control. Cities including San Jose, Palo Alto, and Sunnyvale issue parade permits independently under their own municipal codes.
Santa Clara County's permanent outdoor dining programs vary by city. San Jose Al Fresco transitioned pandemic parklets to a permanent program in 2024, while Palo Alto, Mountain View, and Sunnyvale operate parallel programs with separate design and permit standards.
Santa Clara County Title C zoning prohibits new off-premises digital billboards in unincorporated areas. The California Outdoor Advertising Act sets statewide controls along Interstate and primary highways and requires Caltrans permits for any roadside display.
Santa Clara County Title C zoning limits window signs in unincorporated commercial districts to roughly 25 percent of the window area. Larger temporary banners and obstructive signage trigger sign-permit review by the Planning Department.
Signs visible to motorists on US-101, I-280, I-680, I-880, SR-85, and SR-87 require both Caltrans Outdoor Advertising approval and County zoning sign permits. The Outdoor Advertising Act preempts inconsistent local rules along these routes.
Political signs are permitted in any zoning district of unincorporated Santa Clara County without architecture and site approval, under Zoning Ordinance Section 4.40.100. Size limits apply by district and signs must be removed within 10 days after the related election.
Santa Clara County's Zoning Ordinance has no dedicated garage-sale sign category. Temporary on-premises informational signs up to four square feet are allowed by right under Section 4.40.070, and off-premises signs generally require approval. The yard sale itself is limited by Section 4.20.080.
Santa Clara County does not classify any palm species as heritage or protected by default. Palms only gain protection when individually designated as a heritage tree, located in a public right-of-way, or sited in a riparian protection zone managed by Valley Water.
Ailanthus altissima, the host plant of the spotted lanternfly, is a Cal-IPC high-rated invasive that Santa Clara County's Agricultural Commissioner monitors. Property owners are urged to remove seedlings promptly to slow spread along creeks and roadsides.
Santa Clara County does not have specific bamboo restriction ordinances. California does not regulate bamboo statewide. Bamboo that encroaches on neighboring properties may be addressed as a nuisance under California Civil Code.
Santa Clara County follows CDFA and Cal-IPC invasive plant lists. Notable invasive species in the area include yellow starthistle, French broom, pampas grass, and English ivy. The Santa Clara Valley Open Space Authority actively manages invasive species on public lands.
California AB 2561 (2022) protects front-yard vegetable gardens. Santa Clara County residents can grow food in front yards. The county and many cities encourage drought-tolerant landscaping, including edible gardens, through the MWELO and water district rebate programs.
Santa Clara County Parks and Recreation prohibits drone takeoff, landing, and operation in nearly all county parks. Limited exceptions exist for designated model-aircraft areas and for permitted commercial filming with advance Parks Department approval.
Major events at Levi's Stadium, SAP Center, and PayPal Park trigger FAA temporary flight restrictions banning drones within three nautical miles up to 3,000 feet. Violations carry federal criminal penalties in addition to civil fines.
Recreational drones in Santa Clara County are governed by FAA 14 CFR Part 107 and recreational rules, with restrictions near airports, parks, and the Lick Observatory.
Federal law preempts local airspace control. Drones near San Jose Mineta and Reid-Hillview airports must obtain LAANC authorization through the Federal Aviation Administration, follow controlled airspace altitude limits, and avoid temporary flight restrictions issued for emergencies.
California AB-2188 and SB-379 require expedited permitting for residential rooftop solar and battery storage. Santa Clara County uses the federal SolarAPP+ platform under Title B for instant online plan-check approval of code-compliant systems.
California SB-43 enables Pacific Gas and Electric customers to subscribe to community solar projects without rooftop panels. Santa Clara County renters and condo owners can join the Green Tariff Shared Renewables and Community Solar Green Tariff programs.
Santa Clara County issues expedited residential solar permits within 3 business days under AB 2188 and AB 1414. Title 24 mandates solar on new homes. PG and E interconnection runs under Rule 21 and NEM 3.0 net billing.
Santa Clara County HOAs cannot ban solar under Civil Code 714 and 4753. Aesthetic rules adding over 1000 dollars or losing 10 percent efficiency are void. Complete applications deem approved after 45 days.
California Penal Code Β§632 requires two-party consent for confidential audio recording. Santa Clara County doorbell-camera owners may legally record video of visitors but must avoid recording private audio conversations without disclosure or consent.
California Civil Code Β§1798.90 (SB-34) sets minimum privacy rules for automated license plate reader systems. The Santa Clara County Sheriff's Office posts an ALPR usage and retention policy and limits sharing of plate data with outside agencies.
Residential security cameras are legal in Santa Clara County without a permit. California's all-party consent law applies to audio recording. Video recording in public and on your own property is legal, but cameras must not target private areas.
California is an all-party consent state. All parties to a confidential conversation must consent to audio recording under Penal Code Β§632. Video recording in public is legal. Violations are misdemeanors with civil damages of $5,000 per violation.
Santa Clara County allows fences up to 6 feet in side and rear yards. Front-yard fences are limited to 3 feet (solid) or 4 feet (open). Fences under 7 feet do not require a building permit. Retaining walls over 4 feet require permits and engineering.
Santa Clara County has no countywide HPOZ. A handful of cities run their own heritage districts, including Mountain View's Whisman and Old Mountain View, plus Palo Alto's Professorville, where overlay design review applies to exterior changes.
Santa Clara County maintains a Heritage Resource Inventory under SCC Ordinance NS-1200.27. Landmarked properties receive county Historical Heritage Commission review before alteration, demolition, or relocation, and qualify for state Mills Act tax relief.
California Government Code Β§50280 lets local governments grant property tax reductions to owners of designated historic properties who sign ten-year preservation contracts. Santa Clara County and several cities offer Mills Act programs, with savings averaging 40 to 60 percent.
Demolition of a designated Santa Clara County heritage resource triggers full CEQA review and a Heritage Commission stay of up to 180 days. Loss of historic fabric is treated as a significant environmental impact requiring mitigation or mandatory findings of override.
Santa Clara County operates no countywide systematic rental inspection program. San Jose runs the Multiple Housing Program inspecting buildings of three or more units. Other cities and unincorporated areas rely on complaint-driven enforcement.
California Code of Regulations Title 17 Β§17920.10 defines lead hazards as substandard housing. Santa Clara County Public Health's Childhood Lead Poisoning Prevention Program coordinates blood-lead screening, source identification, and abatement orders for lead-impacted homes.
Unincorporated Santa Clara County has no general countywide juvenile curfew ordinance, relying on state law for truancy and parental responsibility.
Santa Clara County Parks in unincorporated areas are open 8 a.m. to sunset and closed to non-campers from sunset to 8 a.m. The County Ordinance Code, Division B14, regulates park hours and prohibits entering or remaining in a park after hours (Sec. B14-14.3).
Snow is extremely rare in Santa Clara County's valley floor and Santa Clara County has no snow clearing ordinance; mountain properties should clear for safety.
Unincorporated Santa Clara County prohibits property blight under the Community Preservation ordinance (Division B38). No person may cause, contribute to, or allow blight conditions such as unsecured or abandoned buildings, attractive nuisances, disrepair, or impermissible outdoor storage. Blight is declared a public nuisance and may be abated by the County.
In unincorporated Santa Clara County, refuse must be stored in durable, leak-proof, lidded containers, and carts must be removed from the curb within 24 hours after collection and stored in a less conspicuous area. Placing refuse or yard waste in the road right-of-way or curbside in violation of the garbage code can also constitute property blight.
Vacant and undeveloped parcels in unincorporated Santa Clara County must be kept free of fire-hazard vegetation under the Weed Abatement Program and free of blight conditions. Vacant or abandoned buildings (generally vacant 180+ days) and attractive nuisances on idle property are prohibited under the Community Preservation ordinance.
Unincorporated Santa Clara County requires flammable grass and weeds to be kept at or below 6 inches after the compliance deadline under the Weed Abatement Program. The unincorporated deadline is April 1 and standards must hold through October 31. Roadways need 10-foot clearance and structures a 30-foot clearance (up to 100 feet on slopes).
Santa Clara County does not publish a specific garage- or yard-sale permit ordinance for unincorporated areas. Occasional household sales are generally allowed as an incidental residential activity, but ongoing outdoor sales can become a zoning or blight issue, and temporary signs in the public right-of-way are restricted.
Santa Clara County prohibits blocking public sidewalks with vehicles, overgrown vegetation, merchandise, or debris under county ordinances and CVC 22500(f).
California Streets and Highways Code 5610 makes abutting property owners responsible for sidewalk repair in unincorporated Santa Clara County, with county-issued repair notices.
Santa Clara County HOA dues follow Civil Code 5600 to 5740. Regular dues cannot rise over 20 percent yearly, special assessments over 5 percent need a member vote, and delinquencies accrue 12 percent.
Santa Clara County HOAs follow Davis-Stirling at Civil Code 4000 to 6150. Boards must hold open meetings with 4 day notice, post agendas, and allow member comment. Executive sessions are narrow.
Santa Clara County HOA architectural review runs under Civil Code 4765. Owners submit written applications and receive written decisions, and associations must apply fair and consistent standards.
Santa Clara County HOAs must offer free Internal Dispute Resolution under Civil Code 5900 and Alternative Dispute Resolution under 5925 before filing enforcement lawsuits. ADR typically involves mediation before court.
Santa Clara County HOAs enforce CC and Rs under Civil Code 5850 to 5895. Fines require 10 day written notice and a board hearing, and cannot become a lien unless tied to assessments. Selective enforcement is a defense.
Propane and gas BBQ grills are allowed in unincorporated Santa Clara County, including during summer burn bans when open wood and charcoal fires are prohibited. The county fire department advises keeping grills at least 10 feet from the house and never using gasoline to light them.
Wood- and charcoal-fired smokers in unincorporated Santa Clara County are limited by fire and air rules: charcoal and open wood fires are banned during CAL FIRE/county burn bans, and solid-fuel burning is banned on Bay Area Spare the Air days. Gas/propane and pellet cooking is the more reliably allowed option.
Building setbacks in unincorporated Santa Clara County are set by the base zoning district and any lot-size combining district. Urban residential base districts typically require a 25-foot front, 5-foot side, and 25-foot rear setback, while rural districts require 30 feet on all sides. Lot-size combining districts and Section 4.20.110 setback exceptions can change these figures.
Lot coverage in unincorporated Santa Clara County is the footprint of all buildings and structures over 30 inches high, defined in Zoning Ordinance Section 1.30.030. Base districts apply coverage limits in their development-standards tables (R3 is capped at 50 percent), and the Neighborhood Preservation combining district limits single-family development to 20 percent and multi-family to 35 percent.
Maximum building height in unincorporated Santa Clara County is set by zoning district. Most urban residential and rural base districts cap dwellings at 35 feet and two stories, with R1S, RHS, and certain districts allowing more stories. Section 4.20.110 allows limited height exceptions for chimneys, solar panels, and similar features. Accessory buildings have lower limits.
In unincorporated Santa Clara County, refuse containers may be placed at the curb no more than 24 hours before the scheduled collection time and must be removed within 24 hours after collection, then stored in a less conspicuous area. Carts cannot be set next to a neighbor's property without written permission.
The County garbage code does not set a specific bulky-item (large-item) pickup schedule; bulk collection is provided through the franchised hauler's residential program, and residents arrange it with their hauler. Dumping bulky items anywhere other than an approved facility is unlawful, and accumulating refuse on a property is a prohibited nuisance.
Under California SB 1383 and the County garbage code, residents and businesses in unincorporated Santa Clara County must separate organic waste (food scraps, food-soiled paper, yard trimmings) into the green container. Commercial and multifamily (5+ unit) generators must have organics service; non-compliant businesses are auto-enrolled and billed starting July 1, 2026.
Unincorporated Santa Clara County requires source separation under its three-container system: recyclables go in the blue container, organics in the green container, and trash in the gray container. Producers may not put gray-container waste into the green or blue cart, and may not place prohibited contaminants in any container.
Residential and nonresidential premises in unincorporated Santa Clara County must subscribe to the County's three-container (gray, blue, green) collection service from the permitted franchised hauler. Garbage and putrescible organic waste must be removed at least once a week. Limited exemptions exist for remote areas and qualifying farms.
In Santa Clara County, one-story detached accessory structures (sheds) not exceeding 120 square feet do not require a building permit if they have no utilities. Larger sheds require permits. All sheds must comply with zoning setbacks.
Decks under 200 square feet, under 30 inches above grade, not attached to a dwelling, and not serving a required exit door do not require a permit. Larger or elevated decks require building permits in Santa Clara County.
Fences under 7 feet do not require a building permit in Santa Clara County. Retaining walls over 4 feet require permits. Front-yard fences are limited to 3-4 feet depending on whether solid or open.
Renovation work involving structural changes, electrical, plumbing, or mechanical modifications requires a building permit in Santa Clara County. Cosmetic work does not. ADU conversions follow streamlined state permitting requirements.
Santa Clara County Code Enforcement handles violations in unincorporated areas through the Department of Planning and Development. Reports can be filed online or by calling (408) 299-5770. Within cities, each municipality has its own enforcement division.
Santa Clara County prioritizes code enforcement complaints by severity. Health and safety hazards receive expedited response within 1-3 days. Standard violations are investigated within 5-15 business days with compliance periods of 30-90 days.
Common violations in Santa Clara County include building or occupying structures without permits, unpermitted grading, illegal accessory dwelling units, cannabis cultivation violations, and improper land use in agricultural and hillside zones.
These unincorporated areas are also governed by Santa Clara County ordinances.