§ 3.95

In accordance with California Public Resources Code section 35186(b), Coyote Valley, the area between the cities of San Jose and Morgan Hill, is an area of statewide significance. As acknowledged by the State Legislature, Coyote Valley is a unique landscape providing agricultural, wildlife, recreational, climate, and other natural infrastructure benefits.

The purpose of the "-cv" Coyote Valley Climate Resilience combining district is to protect this agricultural greenbelt area as a means of increasing regional climate resilience. The predominantly agricultural lands of

Coyote Valley are unique in their combination of natural characteristics, which are well-suited to providing ecological and public benefits, including flood attenuation as a result of sustaining wetland health, maintaining water supply as a result of protecting groundwater recharge potential, and carbon sequestration made available from natural and working lands.

The "-cv" combining district is intended to minimize the impacts of new development through supplemental development standards and use requirements, in order to preserve Coyote Valley as a greenbelt area intended for long-term agricultural uses and climate resilience.

(Ord. No. NS-1200.379, § 1, 12-14-21)

The area-specific provisions established in this chapter shall apply to the properties depicted on Figure 3.95-1, which shall have the designator "-cv" added to the base zoning designation and shall supersede any conflicting use regulations of the applicable base zoning district.

==> picture [420 x 555] intentionally omitted <==

(Ord. No. NS-1200.379, § 1, 12-14-21)

Table 3.95-1 establishes property development standards for all new development within the Coyote Valley combining district. These standards are applied as maximums per legal lot.

Table 3.95-1 PROPERTY DEVELOPMENT STANDARDS

The development of agricultural uses are exempt from the above lot coverage standard, meaning they do not count toward the lot coverage maximum per parcel provided that such development is ancillary to onsite agriculture, as specified in § 3.95.040. Agricultural uses mean agricultural employee housing or any non-residential use defined in § 2.10.040 having the parenthetical classification of "agricultural" following the title of each primary use type. Uses classified as Agriculturally Related Entertainment & Commercial Uses are not exempt from the lot coverage standard. Parcels with onsite agriculture have a maximum development area of two acres instead of one acre.

Accessory dwelling units, as defined in § 2.10.030 and pursuant to § 4.10.015, are exempt from both lot coverage and development area standards.

(Ord. No. NS-1200.379, § 1, 12-14-21)

For the purposes of this chapter, onsite agriculture means that the property shall be actively used for agriculture, as defined in § 2.10.040, in at least three years out of every five-year period and consist of either:

(a)

No less than six acres under cultivation;

(b)

No less than 60 percent of the parcel under cultivation; or

(c)

No less than 24 acres dedicated to raising livestock. Onsite agriculture is not required to be commercial in nature.

(Ord. No. NS-1200.379, § 1, 12-14-21)

On parcels over five acres, development of a new single-family residence shall be permitted only as ancillary to onsite agriculture, as defined in § 3.95.040. An alteration to an existing legally established single-family residence requires onsite agriculture only if the alteration is classified as a rebuild, pursuant to Section C1-22 of the Ordinance Code. Development of a new accessory dwelling unit, as defined in § 2.10.030 and pursuant to § 4.10.015, does not require onsite agriculture.

A notice shall be recorded pursuant to § 5.20.125 stating that such residence shall be used only ancillary to onsite agriculture as defined in this section. A property owner shall also provide written disclosure of all such conditions and requirements before any sale, lease, or financing of the property.

(Ord. No. NS-1200.379, § 1, 12-14-21)

ARTICLE 4. - SUPPLEMENTAL STANDARDS AND REGULATIONS CHAPTER 4.10. - SUPPLEMENTAL USE REGULATIONS