Santa Clara County Municipal Code Art. 7 Temporary Off-Road Motor Vehicle Recreational Use

Footnotes:

--- (5) ---

Editor's note— Section 1 of Ord. No. NS-1019.2, enacted Oct. 21, 1986, repealed former Art. 7, §§ B12-90—B12-96, and § 2 of the ordinance enacted, in lieu thereof a new Art. 7, §§ B12-90—B12-96.7 as herein set forth. The repealed provisions pertained to off-road motor vehicle activities and derived from Ord. No. NS-1019.1, § 2, enacted May 13, 1980.

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section:

(a) Off-road motor vehicle means any motorcycle or motor-driven cycle; any motor vehicle commonly referred to as a sand buggy, dune buggy, or all-terrain vehicle; any motor vehicle commonly referred to as a jeep, pickup truck, or four-wheel-drive vehicle; and any motor vehicle when such motor vehicle is operated for recreational use.

(b) Recreational use means off-road motor vehicle operation, riding, racing, parking or hill climbing for amusement or diversion.

(Ord. No. NS-1019.2, § 2, 10-21-86)

No person shall operate an off-road motor vehicle for recreational use on any real property lands owned or occupied by another except on property for which a license has been issued pursuant to this chapter. No owner, tenant, lessee of real property or other person or organization shall authorize or allow or engage in off-road motor vehicle recreational use on such property without first obtaining the license provided for under this chapter, except as otherwise provided in Section B12-92 below.

(Ord. No. NS-1019.2, § 2, 10-21-86)

The provisions of this chapter shall not apply to off-road motor vehicle recreational use on real property by the owner, tenant, or lessee of such property, or of the owner's, tenant's or lessee's immediate family. For purposes of this exemption "owner" is deemed to be the owner of record, and a "tenant" or "lessee" is any person or persons entitled to exclusive possession of the property with a minimum month-to-month tenancy. For the purposes of this exemption "immediate family" is deemed to include spouse, children, grandchildren, parents, grandparents, brothers and sisters.

(Ord. No. NS-1019.2, § 2, 10-21-86)

The fee for an off-road motor vehicle recreational use license shall be an amount established by the Board of Supervisors, payable at the Planning Office at the time the application is filed. If it is determined during the application review that compliance with the California Environmental Quality Act is required, additional fees in an amount established by the Board of Supervisors shall be imposed, payable at the Planning Office, prior to further processing of the license application.

(Ord. No. NS-1019.2, § 2, 10-21-86; Ord. No. NS-300.791, § 3, 4-22-08)

Written application for the license required by this chapter shall be filed with the Central Permit Office at least 60 days prior to the proposed date of the first off-road vehicle recreational use. The Secretary of the Planning Commission may, depending upon unusual circumstances and as long as all required notice requirements are complied with, waive the application time limits and accelerate the process set forth herein. Such application shall be accompanied by a fee in the amount and subject to the provisions of Section B12-93, and shall be signed by the applicant and the owners of the real property upon which the off-road motor vehicle recreational use shall occur. The application shall set forth:

(a) The full name, present address, driver's license number, birthdate, and telephone number of the applicant. If the application is made by a partnership, the names, addresses, driver's license numbers and birthdates of all partners shall be included. If the applicant is a corporation or other business entity, the application shall be signed by the president and all other officers required to bind the corporation, and shall contain the names, addresses, driver's license numbers and birthdates of all officers. The address and telephone number of the principal place of business of the applicant shall also be included in the application.

(b) The location and assessor's parcel number for the real property where the off-road motor vehicle recreational use is proposed to be conducted. The applicant shall also furnish proof of ownership of such real property or the written consent of all the owners of the real property to the proposed use.

(c) The names and addresses of all owners of all real property located within 300 feet of the boundaries of the real property upon which the off-road motor vehicle recreational use is proposed to be conducted.

(d) The days and the hours during which the off-road motor vehicle recreational use is to be conducted.

(e) The names, addresses, driver's license numbers, birthdates and telephone numbers of the owners of the real property upon which the off-road motor vehicle recreational use shall occur, if the applicants are not the owners.

(f) Such further information as may be required by the Secretary of the Planning Commission.

(Ord. No. NS-1019.2, § 2, 10-21-86)

Upon the filing of a sufficient and proper application and payment of the license fee, the Central Permit Office shall refer an application for a temporary off-road motor vehicle recreational use license to the Secretary of the Planning Commission. The Secretary of the Planning Commission shall either approve the application and issue the license, or notify the applicant that a referral and public hearing pursuant to Section B12-96 is required. A public hearing shall be required when the Secretary of the Planning Commission, on the basis of the completed application and supporting documentation, cannot determine with reasonable certainty the following:

(a) The fitness of the applicant to possess such a license; and,

(b) The proposed location of the off-road motor vehicle activity does not pose a health or safety threat, or cannot be conducted without adverse environmental consequences; and,

(c) The proposed off-road motor vehicle activity does not create a substantial negative impact upon the immediate surrounding area.

Should a license for an off-road motor vehicle recreational use be approved under this section, such license may contain restrictions and conditions pursuant to Section B12-96.1(d).

(Ord. No. NS-1019.2, § 2, 10-21-86)

(a) The Central Permit Office shall refer an application for an off-road motor vehicle recreational use license to the Secretary of the Planning Commission, and for recommendation and investigation to the Sheriff, the Public Health Department, the Department of Planning and Development (for internal referral to the Environmental Assessment Section, the County Geologist and Fire Marshal), and to any other persons, entities, or agencies deemed appropriate.

(b) The Secretary of the Planning Commission shall set a date and time for a public hearing on the application for an off-road motor vehicle recreational use license. Subject only to being delayed for the period of time in which to comply with any requirements of the California Environmental Quality Act, such license application hearing shall be held no later than 45 days following submittal of a complete application. Notice of such hearing shall be mailed, at least ten days prior to the hearing to the applicant, to the owners of all interests in the real property upon which the proposed use is to be conducted, to the owners of all real property located within 300 feet of the exterior boundaries of the real property upon which the proposed use is to be conducted, using the addresses shown on the application, and to any other person who has filed a written request for such notice.

(c) Each applicant shall have the opportunity to review all records, papers, files, and other evidence relating to the application for an off-road motor vehicle recreational use license except background information on individuals, at least five days prior to the time set for public hearing on such application.

(Ord. No. NS-1019.2, § 2, 10-21-86; Ord. No. NS-300.1002, § 63, 10-21-25)

(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.

(a) Within 15 calendar days after the decision of the Secretary of the Planning Commission on an application for an off-road motor vehicle recreational use license pursuant to a public hearing any person dissatisfied with such decision or condition(s) may appeal to the Board of Supervisors by filing an appeal application with the Central Permit Office. Such application shall be accompanied by a nonrefundable fee in an amount established by the Board of Supervisors. A copy of the appeal application shall be forwarded to the Sheriff, the Secretary of the Planning Commission and the County officials investigating the application pursuant to Section B12-96(a).

(b) The Clerk of the Board of Supervisors shall fix the time and place for the appeal to be heard by the Board of Supervisors. Notice of such hearing shall be mailed, at least ten days prior to the hearing, to the appellant and the applicant, all owners of real property located within 300 feet of the proposed location of the off-road motor vehicle recreational use, the owners of the premises if different from the applicant or appellant, and to any other person who has filed a written request for such notice.

(c) The appeal shall be heard by the Board of Supervisors within 30 days after filing of the appeal; provided that the Board of Supervisors may continue from time to time any hearing held by it.

(d) The Secretary of the Planning Commission shall transmit to the Board of Supervisors all records, minutes, papers and files which constitute the record from which the appeal is made.

(e) The Board of Supervisors shall hear and decide the license application as if no other hearing had been held, and may approve, disapprove or conditionally approve the application. The decision of the Board of Supervisors upon an appeal is final.

(f) The Clerk of the Board of Supervisors will inform the appellant, the applicant, the property owners, the Secretary of the Planning Commission, the Central Permit Office, the Sheriff, [and] the County officials investigating the application pursuant to Section B12-96(a) whether the appeal has been granted or denied.

(Ord. No. NS-1019.2, § 2, 10-21-86)

Following the granting of an off-road motor vehicle recreational use license and, in the case of approval by means of a public hearing, the lapse of the 15-calendar-day period in which to appeal such grant, the Central Permit Office shall issue the license. Upon issuance of the license, the Central Permit Office shall hold it for pickup by the licensee. Each off-road motor vehicle recreational use license shall be valid for a period of 30 days.

(Ord. No. NS-1019.2, § 2, 10-21-86)

The Sheriff or his/her designee or any authorized representative of the County may suspend the operation of any off-road motor vehicle recreational activity prior to the expiration of the license and prior to any hearing for the revocation thereof by the Secretary of the Planning Commission, in the event of the occurrence of a violation of this chapter, Code or federal or state law which endangers public health or safety. Following issuance of such suspension order and within 30 days thereafter, a hearing to revoke, reaffirm or conditionally reaffirm the license shall be held in accordance with Section B12-96.5. Any license holder whose off-road motor vehicle recreational use license is suspended pursuant to this section shall not conduct any off-road vehicle recreational uses under such license unless and until the Secretary of the Planning Commission, or the Board of Supervisors on appeal, reaffirms or conditionally reaffirms the license under Section B12-96.5. The Sheriff or his/her designee or the authorized representative of the County shall prepare and forward a report on a suspension pursuant to this section to the Secretary of the Planning Commission prior to the hearing.

(Ord. No. NS-1019.2, § 2, 10-21-86)

Any license issued under this chapter may be conditionally reaffirmed, reaffirmed, or revoked by the Secretary of the Planning Commission on his/her own motion, or on application of the Board of Supervisors or the Sheriff or District Attorney or other County officer or department head. Except as provided in Section B12-96.4, a public hearing on such revocation, reaffirmation, or conditional reaffirmation will be held and notice thereof shall be given by the Secretary of the Planning Commission in accordance with Section B12-95. The Secretary of the Planning Commission may revoke or conditionally reaffirm any off-road motor vehicle recreational use license on one or more of the following grounds:

(a) That such license was obtained by fraud or false, misleading or fraudulent statements of material facts that were made in the application for the license or in any other document required pursuant to this chapter [article].

(b) That any person making use of such license is violating or has violated any conditions of such license.

(c) That the detriment to the public health or safety, or the nuisance arising from the conduct of the off-road motor vehicle recreational use, or from changed circumstances, necessitates the revocation of the license or the modification [of] or addition to license conditions.

(d) That an inadvertent error or omission in establishing the original conditions requires modifying or adding to the license conditions, but a license shall not be revoked because of such error or omission.

(e) That the license holder has violated, or caused or permitted any other person under his/her control or supervision, to violate any provision of this chapter or state or federal law in connection with the off-road motor vehicle recreational use.

An appeal to the Board of Supervisors from the decision of the Secretary of the Planning Commission under this section may be made within 15 calendar days after the decision and in accordance with Section B12-96.2.

(Ord. No. NS-1019.2, § 2, 10-21-86)

Licenses granted under this chapter shall not be transferable either as to the licensee or location. Any attempt to transfer shall render the license invalid and it shall be deemed automatically revoked.

(Ord. No. NS-1019.2, § 2, 10-21-86)

Both the applicant and the property owners shall be jointly and severally liable for any loss, injury or damage resulting from the operation of any off-road motor vehicle recreational activity pursuant to a license issued hereunder. Such joint and several responsibility [liability] shall also include any expense or liability incurred by either the County or any other public agency to public property, or the surrounding private property.

(Ord. No. NS-1019.2, § 2, 10-21-86)