San Jose HOA Guide

Silver Creek Valley HOA Guide: Private Streets and Hillsides

Silver Creek Valley is the gated golf community in the Evergreen foothills of southeast San Jose. In 1988 the city began environmental review of a rezoning for up to 1,550 homes, an 18-hole golf course and a country club on about 1,525 acres between Yerba Buena Road and San Felipe Road.

Buying in an HOA? Read this first San Jose city rules for HOAs

Two things set this community apart for a board. The city’s own street map marks Country Club Parkway and the streets off it as private, so keeping them paved is not the city’s job. And the homes sit among golf fairways, open space and hillsides, where San Jose’s 2025 fire hazard map, its tree permits and the county’s weed abatement program all come into play. This independent guide sorts out what public records show and what they do not. How2HOA is not affiliated with any association or club here.

Facts on this page were checked against City of San Jose records and map data, the San Jose Fire Department, CAL FIRE, Valley Water, Santa Clara County and the state’s environmental filing database on October 10, 2026. For citywide rules on short-term rentals, ADUs, parking and rent rules, see the San Jose HOA Guide. Sources are listed at the bottom of the page.

At a glance

Silver Creek Valley at a glance

How it was plannedThe city’s 1988 notice, filed under the name Silver Creek Valley Country Club, described up to 1,550 detached and attached homes, up to 50,000 square feet of commercial space, an 18-hole golf course and a country club. A 1991 general plan filing refers to the land use designation as the Silver Creek Planned Residential Community.

ZoningThe addresses we looked up on the city’s zoning map are zoned A(PD), a planned development, under rezoning file 91065. The same file covers residential, commercial and open space areas.

The golf course landThe clubhouse site at 5460 Country Club Parkway carries the general plan designation Private Recreation and Open Space.

StreetsThe Department of Transportation’s pavement map lists Country Club Parkway and dozens of the streets off it as private streets.

City recordsThe clubhouse address is in City Council District 8, on land the city’s annexation layer shows was annexed in 1983. The city’s planning division lists Silver Creek among its approved specific plans.

What we could not confirm is the association side. We found no association pages that we could read publicly, and no city or state record we read names the association, says how many homes it covers or describes its board, its dues or whether neighborhoods inside the gates have their own associations. So this page states none of those. The 1,550 figure above is what the city studied in 1988, not a count of homes built. If you own here, your CC&Rs, your escrow papers and your assessment statements show which association or associations you belong to.

Who looks after what, according to public records

Country Club Parkway and the streets off itPrivate streets on the city’s pavement map. A private street is maintained by its owner, not the city. Your recorded map and CC&Rs say who that is.

The golf course and clubhouseThe club. Its land is designated Private Recreation and Open Space, and its website describes a private club with its own memberships.

Open space areas in the planned developmentWhoever holds title on the recorded map. The zoning file includes open space areas, but the map data does not say who owns each one.

Trees in a common areaThe owner of the common area, with a city permit to remove a tree of any size.

Creeks and channelsValley Water requires a permit for work on land it owns, inside its easements or affecting its facilities.

Each home and lotThe owner, subject to the CC&Rs and to city permits.

Private streets are the big one. When we checked the city’s Private Streets map layer for the area around the clubhouse, it returned 83 street names, including Country Club Parkway, Silver Point Way, Gleneagles Drive and Wales Court. A few of those may sit just outside the gates, but the pattern is clear: the road network here is private. That can put repaving, curbs, drainage, gate equipment and street lighting in an association’s reserve study, and it is worth knowing exactly whose.

It changes enforcement too. City street parking rules are written for public streets. Inside the gates, parking is governed mainly by the association’s own rules and by state towing law, so signs, guest passes and a towing contract are board decisions. Ask the city what it will and will not enforce on your streets before you assume either way.

What to do about it: What Are HOA Assets? explains how to build a list of what your association owns, Understanding HOA Reserve Studies shows how that list drives the reserve plan, and How to Set Up a Towing Service in Your Homeowners Association covers parking on private streets.

Master and neighborhood associations: how to tell what you belong to

Large gated communities are often set up in layers: one master association for the gates, main roads and shared landscaping, and separate neighborhood associations for groups of homes, especially attached homes with shared roofs or walls. We could not confirm from any public source how Silver Creek Valley is organized, so treat what follows as the questions to ask, not a description of this community.

Count your assessments. If you pay two associations, you belong to two, and each has its own board, budget, reserve study and rules.
Read both sets of CC&Rs. Where a master declaration and a neighborhood declaration cover the same subject, the documents themselves say which one controls.
Find the line between them. For each street, slope, wall, entry and landscaped strip, the recorded maps and declarations say which association maintains it. Put the answer in writing so two boards are not both paying for it, or both assuming the other is.
Check who reviews exterior changes. Some communities need one approval and some need two.
Ask how the boards talk to each other. Shared gates, shared vendors and shared insurance questions go better when there is a regular meeting or a named liaison.

The golf club is a separate organization

The golf course is the center of the map, but public records treat it as its own thing. The clubhouse site is designated Private Recreation and Open Space in the general plan, not residential land. The club’s website describes a resort-style private club and lists its own membership categories, some equity and some non-equity, for golf, racquet sports, fitness and swimming.

Nothing on the club’s public pages says that owning a home inside the gates comes with a membership, and nothing we read says the association owns or runs the course. We could not confirm the legal relationship between the two, so do not assume one. For a board or a buyer, the useful questions are these:

Do the CC&Rs or a recorded agreement give the club easements over lots or common area, for example for golf balls, cart paths, drainage or irrigation?
Who maintains the edges where fairways meet back yards, slopes and association landscaping?
Do the club and the association share any costs, such as gates, roads or security, and is that agreement in writing?
What happens to views, access and the open land if the club changes its operations? Your documents and the city’s zoning file are where that answer starts.

Fire zones and defensible space

San Jose adopted new fire hazard severity zones on June 17, 2025 (Ordinance 31213), using maps the State Fire Marshal released for the city that February. The zones are Moderate, High and Very High. The city may add to them but may not reduce them. The Fire Department names the East Foothills and Almaden Valley as especially vulnerable to wildfire.

The zones do not follow the gates. When we looked up addresses on the city’s map layer, the clubhouse and homes on Country Club Parkway and Silver Point Way came back outside the mapped zones, and an address on Wales Court on the east side came back Moderate. In the wider area around the community the layer showed Moderate and High zones and no Very High zone. That is a sample, not a survey. Look up every common-area parcel and tell owners to look up their own address in the city’s fire hazard severity zone finder.

Zone 0: 0 to 5 feetThe ember-resistant zone around buildings and attached decks. Hardscape such as gravel, pavers or concrete in place of bark or mulch, no dead vegetation and firewood moved away.

Zone 1: 5 to 30 feetLean, clean and green. Remove dead plants and leaves, keep branches 10 feet from other trees and off the roof, and clear under decks and stairs.

Zone 2: 30 to 100 feetReduce fuel. Mow annual grass to no more than 4 inches, space out shrubs and trees and clear fallen leaves, needles and branches.

Those three zones are the Fire Department’s published guidance, and each one stops at the property line if that is closer. What is legally required depends on the zone. Government Code section 51182 requires 100 feet of defensible space around an occupied building in a Very High zone designated by the city, and it applies to anyone who owns, leases, controls, operates or maintains the building. The same law adds an ember-resistant zone within 5 feet, but section 51189 delays that until the State Board of Forestry finishes its regulations, with existing buildings following a year after new ones. Outside a Very High zone, the three zones are good practice, not a state mandate.

For a board, the practical point is the back fence. Where homes back onto slopes, fairways or open space, the 30 to 100 foot band is often not on the owner’s lot. It may be association land, club land or someone else’s. Decide in advance who mows and thins that band, put it in the landscape contract and keep records. Local and state agencies updated the county’s Community Wildfire Protection Plan in 2024, with chipping, defensible space and roadside fuel reduction programs, and the Fire Department points residents to the Santa Clara County FireSafe Council for help with projects.

What to do about it: How to Minimize Homeowners Association Liability, Managing Outside Vendors for Your HOA and our HOA maintenance and vendors section.

Open space, weeds, trees and creeks

Hillside common area brings several public programs to the board’s desk, and each has its own office.

County weed abatementSan Jose’s program is aimed at vacant parcels and run with the Santa Clara County Weed Abatement Program. For undeveloped parcels in San Jose the county’s minimum fire safety standards must be met by March 1 and kept through October 31. The 2026 inspection fee is $296 for a parcel that complies. A parcel that does not is charged $953 plus the contractor’s bill and an administrative fee, on the property tax bill. A parcel leaves the program after three straight years of compliance.

Goats and grazingThe county says grazing animals do not replace a parcel’s abatement duties and asks owners to check with its office first, since extra work may be needed.

Tree permitsThe city requires a permit to remove a tree of any size in a common area. On a single-family lot the permit starts at 38 inches around, measured 4.5 feet up, and applies even to a dead tree. Replacement runs from one new tree for a small tree to five for a native tree of that size, and doubles if a live tree comes out without a permit.

Creeks and channelsUnder its Water Resources Protection Ordinance, Valley Water requires an encroachment permit for work on land it owns, within its easements or that may affect its facilities. Check your recorded map for a Valley Water easement before clearing a channel bank.

Wildfire work and tree rules pull in opposite directions, so plan them together. Thinning brush and limbing up trees is maintenance. Taking a tree out of common area is a permit, even when the reason is fire safety. The city’s tree page gives (408) 535-3555 for reaching a planner before a tree comes off multifamily or commercial property, and it is the right first call for a common area too. A dead or dying tree of ordinance size needs a signed report from a certified arborist.

What to do about it: How to Hire a Contractor for Your Homeowners Association covers what to require of a tree or brush contractor, and Planning Your HOA Budget shows where recurring slope work belongs.

Architectural review and city permits

An approval from an architectural committee and a permit from the city are two separate things, and here the city side has extra layers. The land is in a planned development zoning (file 91065), so ask the Planning Division what that file allows before assuming the citywide standards apply to a lot.

Fire rules reach into design as well. The San Jose Fire Department’s Wildland-Urban Interface policy says building permit plans in a mapped interface area or fire hazard severity zone must be approved by the Fire Department before construction. The version we read, dated May 2022, covers the items committees see most:

Roofing, with a Class A assembly. If more than half the roof is replaced within a year, the whole roof covering must comply.
Attic, eave and foundation vents that resist embers.
Exterior wall coverings, eaves, soffits and enclosed underfloor areas.
Tempered glazing in windows and solid exterior doors.
Decking, stair treads and landings.
Accessory structures such as arbors, trellises, patio covers, carports and gazebos.

The city’s public map viewer has a layer called Fire Wildland Urban Interface that shows whether a lot is covered. The good-practice step for a committee is to check its own guidelines against those lists. If the guidelines call for a roofing, siding or decking material that cannot meet those standards on a covered lot, fix the guideline before an owner is caught between the two.

State law also limits what a committee can refuse. Civil Code section 4751 voids provisions in CC&Rs that prohibit or unreasonably restrict an ADU or junior ADU on a lot zoned for single-family use, though an association can still apply reasonable restrictions through its architectural review process. Civil Code section 4735 prevents an association from banning low-water plants or artificial turf as a replacement for lawn.

What to do about it: How to Propose Changes to Your Property in a Homeowners Association and, if the guidelines need updating, How to Rewrite HOA Governing Documents.

Water and common-area landscaping

San Jose has three drinking water retailers: the city-owned San Jose Municipal Water System and two private companies. We could not confirm from a city page which one serves Silver Creek Valley, so check the common-area water bill. Whoever the retailer is, the city’s permanent water waste rules apply all year: water before 10 a.m. or after 8 p.m. unless you use drip irrigation or a hand-held hose with a shut-off nozzle, run standard sprinklers no more than 15 minutes per station per day, and start fixing a leak within five working days of learning about it.

Rebates come from Valley Water. Its Landscape Rebate Program pays a base rate of $2 per square foot to convert high-water-use lawn, and $1 per square foot for its lawn-to-mulch option on commercial, institutional and multifamily sites of five or more units. The default cap is $100,000 for commercial sites and multifamily sites of five or more units, against $3,000 for a single-family home. Do not remove lawn or buy materials until Valley Water has sent a written Notice to Proceed, after which you have 90 days. Funding runs until June 30, 2027, or until it is used up. Ask Valley Water which category a common-area account falls in.

The deadline behind this: a state law passed in 2023 (AB 1572) will bar the use of drinking water on nonfunctional turf in HOA common areas starting January 1, 2029. Entry medians and roadside lawn strips that nobody walks or plays on are the usual candidates. The golf course is the club’s question, not the association’s.

What to do about it: price the conversion with the Annual HOA Budget Checklist and compare bids with the Vendor Comparison Worksheet.

What buyers should read

Because so little about the association is public, a buyer’s reading list matters more here than in most places. These are general good practice, not a statement about this community’s finances:

Every set of governing documents. If there is a master association and a neighborhood association, read both declarations, both sets of rules and both budgets.
The reserve study, and the line for streets. Private streets and gates are expensive, long-lived assets. Look for when the roads were last resurfaced and what the study sets aside for the next round.
The fire zone for the address. Look it up in the city’s finder, then ask the seller and your insurance agent what it means for the policy.
Anything recorded about the golf club. Easements, cost-sharing agreements and any membership terms. Ask the club directly what membership costs and whether it is optional.
The architectural guidelines. Especially roofing, fencing, landscaping and anything you plan to change in the first year.
Recent minutes. They show what the board is actually dealing with: paving, slopes, gates, insurance or disputes.

Private streets, slopes and two sets of rules?

A gated hillside community asks more of its volunteers than a typical neighborhood HOA. If your Silver Creek Valley board is deciding between managing itself and hiring help, start with Self-Managed vs. Professional HOA Management, or tell us about your community and we will send you options from affiliated management companies.

Compare HOA management options

Quick answers

Questions Silver Creek Valley owners and board members ask

Does the city maintain the streets inside the gates?

The city’s pavement map lists Country Club Parkway and the streets off it as private streets, and a private street is its owner’s to maintain. Your recorded map and CC&Rs say which association that is. Plan for it with Understanding HOA Reserve Studies.

Is Silver Creek Valley in a fire hazard severity zone?

Parts of the area are. On the map San Jose adopted in June 2025, addresses we checked near the clubhouse were outside the mapped zones and one on the east side was Moderate. High zones appeared in the wider area. Look up each address in the city’s fire hazard severity zone finder.

Does the 100-foot defensible space law apply to us?

Government Code section 51182 applies to occupied buildings in a Very High zone designated by the city. We found no Very High zone in the area we checked, but confirm your own parcels. The Fire Department publishes the same 5, 30 and 100 foot zones as guidance for everyone near open land.

Is the golf club part of the HOA?

Public records point the other way. The club describes itself as a private club with its own memberships, and its land has a separate general plan designation. We could not confirm the legal relationship, so read your CC&Rs and any recorded agreements with the club.

Do we need a permit to remove a tree on a common-area slope?

Yes. San Jose requires a permit to remove a tree of any size in a common area. Call a city planner at (408) 535-3555 before the work is scheduled. See How to Hire a Contractor for Your Homeowners Association.

Can we use goats instead of mowing?

Maybe, but ask first. The county’s weed abatement program says grazing animals do not replace abatement duties and that extra work may be required. Call (408) 282-3145.

Do San Jose’s rules on rentals, ADUs and parking apply here?

City rules apply inside the gates as they do elsewhere, except that street parking rules are written for public streets. They are covered in the San Jose HOA Guide. Your CC&Rs can be stricter.

Calendar

A hillside board’s year

The dates below come from the county weed abatement program, Valley Water’s rebate funding and state law. The maintenance items are general good practice, not legal requirements.

WinterClear drains, inlets and V-ditches before storms and walk slopes and creek banks after heavy rain. Line up mowing for any undeveloped parcels.

By March 1County weed abatement standards must be met on undeveloped parcels in San Jose that are in the program.

SpringMow and thin the 30 to 100 foot band behind homes before the grass dries. Apply for tree permits early.

Through October 31Keep weed abatement parcels up to standard for the whole fire season, not just on inspection day.

FallBudget season. Price street and gate reserves, slope and brush work, tree work and the 2029 turf deadline into next year’s budget.

By June 30, 2027Valley Water’s current landscape rebate funding ends, or sooner if it runs out.

January 1, 2029State law bars drinking water on nonfunctional turf in HOA common areas.

Keep the year on track: use the Board Meeting Checklist and the Annual HOA Budget Checklist.

Who to call

Public offices for Silver Creek Valley questions

These are the public offices behind the rules on this page. For anything about assessments, gates or rules, contact your own association.

Office	Phone	Use it for
San Jose Planning	(408) 535-3555	Tree removal permits, the planned development zoning file, development questions
City Arborist	(408) 794-1901	Street trees and heritage trees
Office of the Fire Marshal	(408) 535-7750	Wildland-urban interface plan review and fire code questions
County Weed Abatement	(408) 282-3145	Weed abatement notices, deadlines and grazing questions
Valley Water conservation hotline	(408) 630-2554	Landscape rebates and pre-inspections
Valley Water main line	(408) 265-2600	Encroachment permits for work near its creeks and easements
San Jose Municipal Water System	(408) 535-3500	Customer service, if your bill comes from the city system

Keep going

Where to go next on How2HOA

City rulesSan Jose HOA Guide.

NearbyThe Villages and Communications Hill.

New to the board?Start with the New Board Member Guide and the New Board Member Checklist. Then read California HOA Board Basics.

Treasurer?Go to HOA Finances and Accounting and Understanding HOA Reserve Studies.

Buying or selling here?Read What Everyone Should Know About Buying a Home With an HOA and How to Sell a House in an HOA.

Homeowner?See The Rights of Homeowners Association Members and Living in an HOA.

Sources for this guide

These sources open in a new tab.

Planning history: CEQAnet, Silver Creek Valley Country Club notice of preparation (City of San Jose, 1988); CEQAnet, general plan amendment naming the Silver Creek Planned Residential Community (1991); City of San Jose area and specific plans.

City of San Jose map data: zoning and general plan designations; Department of Transportation Private Streets layer; fire hazard severity zones as adopted June 17, 2025; council districts and annexations; public map viewer.

San Jose Fire Department and wildfire: fire hazard severity zones; wildfire preparedness; defensible space; Wildland-Urban Interface policy; CAL FIRE defensible space; State Fire Marshal fire hazard severity zones.

City, county and water agencies: San Jose tree removal permits; San Jose weed abatement; Santa Clara County Weed Abatement Program FAQ; San Jose drinking water; San Jose outdoor water use rules; Valley Water Landscape Rebate Program; Valley Water encroachment permits; San Jose Public Works development services.

California law: Government Code sections 51175 to 51189; Civil Code section 4751; section 4735; AB 1572 (2023).

The club: Silver Creek Valley Country Club, about the club; membership.

Professional management

Thinking about management help?

Tell us about your community and we will send you options from affiliated management companies.

Compare HOA management options Get the free board checklists

This page is general educational information, not legal, financial or insurance advice. How2HOA is not affiliated with any association or club in Silver Creek Valley, and nothing here speaks for them. Ownership and maintenance vary parcel by parcel, and fire zone lookups on this page are samples, so check your recorded maps, your governing documents and the city’s map for your own address, and talk with your association’s attorney or another qualified professional about your situation.