Santa Clara County Municipal Code Part 2 Use and Development of Land Subject to an Agreement

The use and development of all restricted land shall at all times comply with the Open-Space Easement Act of 1974, this chapter, the terms of the agreement, and any other applicable state or local laws, regulations, ordinances and guidelines.

(Ord. No. NS-1203.130, § 1, 3-26-24)

(a) All use or development of any restricted land shall comply with all of the following criteria:

(1) The proposed use or development effectively preserves for public use or enjoyment the natural or scenic character of the land;

(2) The proposed use or development does not significantly impair the open-space character of the land;

(3) The proposed use or development is not a subdivision; and

(4) The proposed use or development complies with all other federal, state and local laws, regulations, ordinances and guidelines, including the County general plan and this Code.

(b) The following uses and development have been determined by the Board of Supervisors to be compatible with the open-space use of restricted land if all of the criteria in subsection (a) are met:

(1) Residential:

a. "Residence, Single-Family," as defined in section 2.10.030 of the Zoning Ordinance.

b. "Residential Accessory" Structures and Uses" as defined in section 2.10.030 of the Zoning Ordinance.

c. "Agricultural Employee Housing" as defined in section 2.10.030 of the Zoning Ordinance.

(2) Open space accessory uses related to the maintenance, enjoyment or operation of the open space use of the land, including:

a. Storage and maintenance facilities.

b. Restrooms.

c. Trail markers.

d. Informational displays.

(3) Agricultural accessory uses that support the agricultural use of the land, including:

a. Agricultural Accessory Structures and Uses as defined in section 2.10.040 of the Zoning Ordinance.

b. "Agricultural Processing - Small Scale" as defined in section 2.10.040 of the Zoning Ordinance.

c. "Agricultural Sales - Limited" as defined in section 2.10.040 of the Zoning Ordinance.

d. "Agriculturally Related Entertainment and Commercial Uses" as defined in section 2.10.040 of the Zoning Ordinance.

(4) Recreational uses, including:

a. "Hunting and Fishing Preserves" as defined in section 2.10.040 of the Zoning Ordinance.

b. Public or private riding or hiking trails.

c. Public or private stables and boarding of horses or other livestock.

d. "Camps & Retreats" as defined in section 2.10.040 of the Zoning Ordinance.

(5) "Utilities - Minor" as defined in section 2.10.040 of the Zoning Ordinance.

(6) Miscellaneous:

a. A "Bed and Breakfast Inn" as defined in section 2.10.040 of the Zoning Ordinance.

(Ord. No. NS-1203.130, § 1, 3-26-24)

(a) Prior to undertaking any development or use on restricted land, the landowner shall apply for and obtain a compatible use determination from the County. The landowner shall file an application with the Planning Office on a form prepared for this purpose together with an application fee in an amount established by resolution of the Board of Supervisors.

(b) Staff from the Planning Office will determine whether the proposed use or development is compatible with the agreement for the property, the Open-Space Easement Act of 1974, this chapter, and any adopted guidelines.

(c) Any interested person may appeal the staff determination made pursuant to subsection (b) to the Director of Planning and Development. Any such appeal shall be filed within 15 days of the decision and be accompanied by payment of a fee in an amount established by resolution of the Board of Supervisors.

(d) Any interested person may appeal the determination made pursuant to subsection (c) to the Board of Supervisors, which will review the Planning Office's determination de novo. Any such appeal shall be filed within 15 days of the decision and be accompanied by payment of a fee in an amount established by resolution of the Board of Supervisors. Notice of the hearing shall be provided in conformance with section C13-7(b).

(Ord. No. NS-1203.130, § 1, 3-26-24)