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SANTA CLARA COUNTY CODE OF ORDINANCES: ARTICLE 2. AGREEMENTS

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

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ARTICLE 2.
AGREEMENTS

Sec. C13-33. Purpose and authority.

This article sets requirements for agreements between land owners and the County pursuant to the Open-Space Easement Act of 1974. This chapter is intended to supplement any other applicable state and local laws, ordinances, regulations and guidelines.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Part 1.
Applications for Agreements

Sec. C13-34. Application process and fees.

(a) A land owner whose property constitutes open-space land as defined in Government Code §§ 51075(a) and 65560 may file an application for an agreement with the Clerk of the Board of Supervisors on a form prepared by the County. An application must be accompanied by all of the following:

(1) All applicable fees as established by resolution of the Board of Supervisors; and

(2) A completed agreement in a form prepared by County Counsel with notarized signatures of all land owners and all required attachments.

(b) The County may request additional information from the land owner during the application review process to facilitate a thorough and timely review of the application.

(c) Applications to simultaneously rescind a Williamson Act contract and enter into an agreement pursuant to this chapter will be processed in the same manner as applications for unrestricted land.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-35. Report to Board of Supervisors.

(a) Upon receipt of an application for an agreement, the Clerk of the Board of Supervisors will transmit a copy of the completed application to the Planning Office, County Surveyor, Office of the Assessor, and Office of the County Counsel.

(b) Within 60 days of receiving a complete application, the Planning Office will prepare a report to the Board of Supervisors. The Office of the Assessor, County Surveyor, and Office of the County Counsel will provide the Planning Office with any relevant information to assist with preparation of the report. The report will contain an analysis of whether the land meets the criteria for an agreement in the Open-Space Easement Act of 1974, this chapter, and any other applicable County ordinances and guidelines, including whether the agreement is consistent with the County General Plan.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-36. Criteria for evaluating applications for agreements.

(a) No application for an agreement will be approved unless all of the following criteria are met:

(1) The land proposed for inclusion in the agreement is at least five acres in size;

(2) All parcels proposed for inclusion in the agreement are devoted to open-space;

(3) There are no other existing or permitted uses or development on the land that would significantly impair the open-space value of the land; and

(4) The Board makes the required findings in Government Code § 51084.

(b) Even if all of the criteria in subsection (a) are met, the Board of Supervisors may, in its discretion, choose not to approve the application.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-37. Recording of agreements.

The Clerk of the Board of Supervisors must record any executed agreement with the Clerk-Recorder within 20 days after the Board of Supervisors executes the agreement and no later than December 31 of the calendar year in which it was executed.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Part 2.
Use and Development of Land Subject to an Agreement

Sec. C13-38. General provisions.

The use and development of all restricted land must at all times comply with the Open-Space Easement Act of 1974, this chapter, the terms of the agreement, and any other applicable state or local laws, regulations, ordinances and guidelines.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-39. Compatible uses and development.

(a) All use or development of any restricted land must comply with all of the following criteria:

(1) The proposed use or development effectively preserves for public use or enjoyment the natural or scenic character of the land;

(2) The proposed use or development does not significantly impair the open-space character of the land;

(3) The proposed use or development is not a subdivision; and

(4) The proposed use or development complies with all other federal, state and local laws, regulations, ordinances and guidelines, including the County general plan and this Code.

(b) The following uses and development have been determined by the Board of Supervisors to be presumptively compatible with the open-space use of restricted land if all of the criteria in subsection (a) are also met:

(1) Residential:

a. "Residence, Single-Family," as defined in § 2.10.030 of the Zoning Ordinance.

b. "Residential Accessory Structures and Uses" as defined in § 2.10.030 of the Zoning Ordinance.

c. "Agricultural Employee Housing" as defined in § 2.10.030 of the Zoning Ordinance.

(2) Open space accessory uses related to the maintenance, enjoyment or operation of the open space use of the land, including:

a. Storage and maintenance facilities.

b. Restrooms.

c. Trail markers.

d. Informational displays.

(2) Agricultural accessory uses that support the agricultural use of the land, including:

a. Agricultural Accessory Structures and Uses as defined in § 2.10.040 of the Zoning Ordinance.

b. "Agricultural Processing - Small Scale" as defined in § 2.10.040 of the Zoning Ordinance.

c. "Agricultural Sales - Limited" as defined in § 2.10.040 of the Zoning Ordinance.

d. "Agriculturally-Related Entertainment and Commercial Uses" as defined in § 2.10.040 of the Zoning Ordinance.

(3) Recreational uses, including:

a. "Hunting and Fishing Preserves" as defined in § 2.10.040 of the Zoning Ordinance.

b. Public or private riding or hiking trails.

c. Public or private stables and boarding of horses or other livestock.

d. "Camps & Retreats" as defined in § 2.10.040 of the Zoning Ordinance.

(4) "Utilities - Minor" as defined in § 2.10.040 of the Zoning Ordinance.

(5) Miscellaneous:

a. A "Bed and Breakfast Inn" as defined in § 2.10.040 of the Zoning Ordinance.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-40. Compatible use determinations.

(a) Prior to undertaking any development or use on restricted land, the land owner must apply for and obtain a compatible use determination from the County. The land owner must file an application with the Planning Office on a form prepared for this purpose together with an application fee in an amount established by resolution of the Board of Supervisors.

(b) Staff from the Planning Office will determine whether the proposed use or development is compatible with the agreement for the property, the Open-Space Easement Act of 1974, this chapter, and any adopted guidelines.

(c) Any interested person may appeal the staff determination made pursuant to subsection (b) to the Director of Planning and Development Services. Any such appeal must be filed within 15 days of the decision and be accompanied by payment of a fee in an amount established by resolution of the Board of Supervisors.

(d) Any interested person may appeal the determination made pursuant to subsection (c) to the Board of Supervisors. Any such appeal must be filed within 15 days of the decision and be accompanied by payment of a fee in an amount established by resolution of the Board of Supervisors.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Part 3.
Agreement Termination

Sec. C13-41. General provisions.

An agreement may only be terminated in a manner consistent with state law and this chapter.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-42. Agreement nonrenewal.

(a) If either the land owner or the County desires in any year not to renew an agreement, the nonrenewing party must serve written notice of nonrenewal of the agreement upon the other party before the annual renewal date of the agreement. A notice of nonrenewal served by the land owner must be addressed to the Clerk of the Board of Supervisors and be filed with or postmarked at least 90 days prior to the annual renewal date of the contract. A notice of nonrenewal served by the land owner must be addressed to the Clerk of the Board of Supervisors, must be filed with or postmarked at least 90 days prior to the annual renewal date of the agreement, and must identify the parcels to be nonrenewed by Assessor's parcel number. A notice of nonrenewal served by the County will be mailed to the address shown on the latest assessment roll for the property, and must be postmarked at least 60 days prior to the annual renewal date of the agreement.

(b) If no notice of nonrenewal is filed in compliance with the deadlines in subsection (a), the contact will be automatically renewed for another year.

(c) If a notice of nonrenewal is filed after the applicable deadline in subsection (a), the notice will be deemed to apply to the next annual renewal period.

(d) If a land owner objects to an agreement nonrenewal initiated by the County applicable to the owner's land, the owner may file a written protest with the County. The Board of Supervisors may, in its discretion, withdraw the notice of nonrenewal at any time prior to the agreement's annual renewal date.

(e) During November of each calendar year, the Clerk of the Board of Supervisors will provide a report to the Board of Supervisors identifying all nonrenewal requests received pursuant to subsection (a).

(f) The Clerk of the Board of Supervisors will record all notices of nonrenewal with the Clerk-Recorder within 20 days of serving or receiving a notice of nonrenewal.

(g) The Board of Supervisors may delegate its authority to send and withdraw notices of nonrenewal to any County official, department or employee.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-43. Agreement abandonment.

Any petition to abandon an agreement must be filed with the Clerk of the Board of Supervisors on a form prepared by the County for this purpose. The petition must be accompanied by payment of an application fee in an amount established by resolution of the Board of Supervisors. The petition will be processed in accordance with the Open-Space Easement Act of 1974.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Part 4.
Agreement Compliance and Enforcement

Sec. C13-44. Audits and inspections.

(a) The County may audit any restricted land for compliance with the agreement, the Open-Space Easement Act of 1974, and other state and local laws, regulations, ordinances and guidelines. Such audits may include reviewing available documentation such as aerial photographs and contacting the land owner or manager to obtain additional information or documentation.

(b) If the County has probable cause to suspect that restricted land is not in compliance, it may contact the land owner to arrange for an inspection of the property by the County's officers, employees, contractors or agents. The County shall give the land owner at least 48 hours' written notice of the inspection date, approximate time, the person(s) who will be participating in the inspection, and the reason for the inspection. When scheduling an inspection, the County will make a reasonable attempt to accommodate the land owner's schedule. Any such inspection shall occur during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.).

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-45. Judicial relief.

(a) In addition to any other remedies provided by state law or this chapter, including but not limited to Government Code § 51086, if the County determines that an agreement has been or is being violated, the Office of the County Counsel may bring an action on behalf of the County in a court of law for an appropriate remedy.

(b) If a court determines that an agreement was violated, in addition to any other relief granted by the court, the court may order the land owner to reimburse the County for its costs, including but not limited to staff time and attorneys' fees, associated with investigating the violation and bringing the enforcement action.

(c) Nothing in this chapter is intended to limit a court's ability to grant any relief or issue any order that it deems appropriate in its discretion, including but not limited to specific performance or injunctive or equitable relief.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Part 5.
Fees

Sec. C13-46. Fees.

The Board of Supervisors may adopt by resolution any fees necessary to ensure that the County recovers its costs associated with administering and enforcing the Open-Space Easement Act of 1974 and agreements executed thereunder. Such fees shall not exceed the amount reasonably necessary to recover the cost of providing the product or service or the cost of enforcing any law or ordinance for which the fee is levied. The fee may reflect the average cost of providing any product or service or enforcing any law or ordinance.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Part 6.
Disclosure Requirements

Sec. C13-47. Real estate transfer disclosure statement.

Pursuant to Civil Code § 1102.6a, prior to any transfer of restricted land by sale, exchange, installment land sale contract (as defined in Civil Code § 2985), lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or real property or residential stock cooperative, improved with or consistent of not less than one nor more than four dwelling units, the transferor shall provide the following disclosure: "The real property that is the subject of this transaction is subject to an open space easement agreement pursuant to the Open-Space Easement Act of 1974, Government Code § 51070 et seq., which requires that the land be devoted to open space and imposes restrictions on the use and development of the land." This disclosure shall be provided on a form substantially similar to that provided in Civil Code § 1102.6a or section B29-4 of this Code. The transferor shall ensure that the transferee signs the disclosure prior to completing the transfer.

(Ord. No. NS-1203.113, § 1, 5-23-06)