Santa Clara County Municipal Code Part 1 Applications for Contracts

(a) A landowner whose property is devoted to agricultural use and is within an agricultural preserve may file an application for a contract with the Clerk of the Board of Supervisors on a form prepared by the County. An application shall be accompanied by all of the following:

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

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

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

(c) Applications to simultaneously rescind a contract and reenter into a new contract pursuant to the Williamson Act shall be processed in the same manner as applications for new contracts. Applications to simultaneously rescind a contract and enter into an Open-Space Easement Agreement pursuant to chapter II of this Division shall be processed as an application for an Open-Space Easement Agreement pursuant to chapter II. Applications to simultaneously rescind a contract and enter into a Farmland Security Zone contract pursuant to chapter III of this Division shall be processed as an application for a Farmland Security Zone contract pursuant to chapter III.

(Ord. No. NS-1203.130, § 1, 3-26-24)

(a) Upon receipt of an application for a contract, the Clerk of the Board of Supervisors will transmit a copy of the completed application to the Planning Office, County Surveyor, Agricultural Commissioner, 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 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 a contract in the Williamson Act, this chapter, and any other local ordinances and guidelines.

(Ord. No. NS-1203.130, § 1, 3-26-24)

(a) No application for a Williamson Act contract will be approved unless all of the following criteria are met:

(1) All parcels proposed for inclusion in the contract are devoted to an agricultural use that meets one of the definitions of commercial agriculture in the Guidelines for Williamson Act and Farmland Security Zone Programs adopted by the Board of Supervisors; and

(2) There are no existing or permitted uses or development on the land that would significantly displace or interfere with the agricultural use of the land.

(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-1203.130, § 1, 3-26-24)

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

(Ord. No. NS-1203.130, § 1, 3-26-24)