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

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Sec. B12-96.1. Action by secretary of Planning Commission.

(a) At the time and place set for public hearing on the application for an off-road motor vehicle recreational use license the secretary of the Planning Commission shall consider the recommendations of the Sheriff and the County officials investigating the application pursuant to Section B12-96(a); records, papers, files and any other relevant evidence; and, shall either continue the hearing, hold the matter under advisement or render his/her decision either granting or denying the application.

(b) The secretary of the Planning Commission may refuse to issue an off-road motor vehicle recreational use license, after consideration of the application, the recommendations of the Sheriff and the County officials investigating the application pursuant to Section B12-96(a), and any other papers, records, and files he/she deems relevant on any of the following grounds:

(1) The person or organization applying for the license, or officer or member thereof, or any owner of the real property upon which the off-road motor vehicle recreational use is proposed to occur has previously violated the provisions of this chapter or of any similar ordinance, law, rule or regulation of the County or another public agency which regulates the operation of off-road motor vehicle recreational use; or

(2) The applicant knowingly made a material misstatement of fact in the license application; or

(3) The proposed use is inconsistent with the applicable zoning regulations.

(c) The secretary of the Planning Commission shall deny a license application if:

(1) A potential fire hazard or threat to life safety exists at the proposed location; or

(2) The property in question is not suitable in terms of terrain, size or location, or any combination of the foregoing, for off-road motor vehicle recreational use of the nature and scope requested by applicant; or

(3) The off-road motor vehicle activities cannot be conducted without adverse environmental consequences or without adverse effect upon the health, safety, tranquility and general welfare of persons residing within the surrounding area and the surrounding land. The potential adverse effect upon such persons is to be measured in terms of, but not limited to, noise, dust, flood hazard, litter, soil erosion, air pollution and traffic congestion generated by the proposed off-road motor vehicle recreational use.

(d) If a license for an off-road motor vehicle recreational use is approved, the secretary of the Planning Commission may include such restrictions and conditions in the license as he/she deems reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this chapter, including, without limitation, the day(s) and hours that the off-road motor vehicle recreational use may be allowed; the maximum number of participants; requirements for fire protection, traffic control, crowd control and parking; conditions relating to noise reduction, litter control and cleanups; water supply and sanitation facilities; a prohibition of off-road vehicle use when soils are wet; and the posting of bonds to respond to either cleanup expenses or damage to public roads.

(e) Upon approval of an off-road motor vehicle recreational use license the secretary of the Planning Commission shall prepare and forward to the applicant and property owner written notice that a license has been granted and a statement of any conditions attached thereto. A copy of such notice shall be sent to the Sheriff and the County officials investigating the application pursuant to Section B12-96(a), and a request for the issuance of an off-road motor vehicle recreational use license, plus a copy of the notice, shall be sent by the secretary of the Planning Commission to the Central Permit Office. No decision of the secretary of the Planning Commission upon an application for an off-road motor vehicle recreational use license shall become final until the 15-calendar-day period, during which an appeal can be made to the Board of Supervisors, has elapsed without an appeal having been filed.

(Ord. No. NS-1019.2, § 2, 10-21-86)

Note--See the editor's footnote to Div. B12, Art. 8.

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