Santa Clara County Municipal Code Part 2 Use and Development of Contracted Lands

The use and development of all contracted land shall at all times comply with the Williamson Act, this chapter, the terms of the Williamson Act contract, and any other applicable state and local laws, regulations, ordinance, and guidelines.

(Ord. No. NS-1203.130, § 1, 3-26-24)

(a) All use or development of any contracted land shall comply with Government Code § 51238.1 and all of the following criteria:

(1) Agricultural use shall be the primary use of contracted land before any other use or development is allowed.

(2) The proposed use or development is compatible with and will not significantly compromise the long-term productive agricultural capability of any contracted land within the agricultural preserve, including the land upon which the use or development is proposed to occur;

(3) The proposed use or development will not significantly displace or impair current or reasonably foreseeable agricultural operations on the land upon which the use or development is proposed to occur. A use or development that significantly displaces agricultural operations on the land upon which the use or development is proposed to occur may, in the County's discretion, be deemed compatible if the uses or development relate directly to the production of commercial agricultural products on that parcel or nearby parcels (e.g., harvesting, processing, or shipping of locally produced commercial agricultural products).

(4) The proposed use or development will not substantially interfere with the agricultural use of the land upon which the use or development is proposed to occur;

(5) The portion of the parcel to remain in agricultural use shall be capable of sustaining a commercially viable agricultural use;

(6) The proposed use or development will not hinder or impair agricultural operations in the area by significantly increasing the permanent or temporary human population of the area;

(7) The proposed use or development does not constitute a residential subdivision; and

(8) The proposed use or development complies with all other federal, state, and local laws, regulations, ordinances, and guidelines, including the County general plan, this Code, and the Guidelines for Williamson Act and Farmland Security Zone Programs adopted by the Board of Supervisors.

(Ord. No. NS-1203.130, § 1, 3-26-24)

(a) Prior to undertaking any development or use on contracted 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 and Agricultural Commissioner's Office shall collectively review and determine whether the proposed use or development is compatible with the contract for the property, the Williamson Act, this chapter, and any adopted guidelines.

(c) Any interested person may appeal the staff determination made pursuant to subsection (b) to a review committee comprised of the Agricultural Commissioner and 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 review committee determination made pursuant to subsection (c) to the Board of Supervisors, which shall hear and decide the matter de novo and approve, disapprove, or modify the review committee's determination. 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)