Santa Clara County Municipal Code Part 1 Applications for Agreements

(a) A landowner 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 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 agreement 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 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-1203.130, § 1, 3-26-24)

(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-1203.130, § 1, 3-26-24)

(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 20 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-1203.130, § 1, 3-26-24)

The Clerk of the Board of Supervisors shall 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-1203.130, § 1, 3-26-24)