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Home My WebLink AboutRESOLUTIONS - 01011968 - 68-635 IN THE BOARD OF :,91UPERVISORIS OF. CONTRA COSTA GOUNTY, STATE O CALIFORNIA In the Matter of Pr°o €ul gat i n� Rules, and Procedures for the Establilshm6htl RESOLUTION NO.�� of Agricultural Preserves and t ecuti.on ) .of Land Conservation Agreements � ---------- RESOLUTION, PRO ULGATI G RULES >� D PROC L RAS S+'OR THE ESTABLISHMENT OF AGRICULTURAL PRES.ERITM Alii' THE EXtCUTION OF LAD CONSERVATION AGREEMENTS The Heard of Supervisors of Contra Corte County RESOLVES THAT: On September 17 , 1968 this Board adopted Ordinance No. $- (ad-dingOrdinance Code Sections 8610.1 through €3610.4)' authorizing the creation of Agricultural Preaerves azad the execution of Lancs Conservation Agreements pursuant to the California Land Conservation Act of 1965. CGovernment Code 'Section 51200 et seq.} Said ordinance also established i uniform <standards governing, the establishment of agri.cultur}al preserves 'and ,prescribing terms' to be included in agreements On September 17 l9168' this Board adopted Ordi nce No. 68--54 {adding Ordlnan e Cade Sectirn 816 'estaalis ing !a zoning' classification defined as "Agricultural »Preserve Ui.stri ct whieb classification i s to apply to all lands included in agrlbultural preserves as established by resolution of th'i, Board. Said ordinances dere ena.eted .for the purpose of-creating enforceable restrictions, i.thin the meaning of Revenue and. Taxation Cade Section 422, on agricultural land 'thin the county in order to discourage prematures and unnecessary ;conversion of such lands from agricultural use, to preserve the puh1i c value of such lands' as open space, and to preserve and' maintain a blase for agricultural production within the county . This Board is authorized, under County< Ordinance Cade Section 8610.4, to establish and promulgates by resoduticin, ruled and procedures for sub ltting appli. ation fcr land conservation, agreements and for review of said applications by appropriate County agencies. This Board is further authorized , pursuant to County Ordinance >CodeSection ' 86 .0..2 , to promulgate a standard. form of. agree- ment .for exe"ti.on' bylandowner's and the County IT IS VMMEFCR ORERED that the follpAng rules and pro" c`d.ures shall. ,apply. tc the are tion, of agriculturalpreservesi and the negotiation of lana conservation agreements In this Countiy, RESOLUTION No. 68/635 ......... ......................................... ...... ._... ..................................................... I . Application for sand Conservation Agreements . A. Applications,, by landowners for agreement's with the County shall include a request for the rezoning, of the land speeifie€i to the "Agri- cultural Preserve District" classification. B. Applications shall, be submitted to the County Planning Deartment and shall be accompanied' by a flee of-7 $90. C . Applications shall. be nade on aform which is attached hereto, designatedas Exhibit Al which Is hereby ,incorporated >herein by reference. lI . Screening ;and Review. A. An Agricultural Preserve Screening Committee is hereby established for the purpa: e of (1) review- Ing applications, to determine eli.gibility of Land for inclusion in an AgIri.cultural Preserve, (2) reviewing with the owner exiati,ng and proposed uses of owner's lard in relation to uses allowed,' in Agricultural Preserve Districts , and (3) making recommendations to the Planning Commission and the Board' of Supervisors relat tag to the creation of agricultural preserves and the execu- tion of agreements. B. The member hip of g.ricultural Preserve Screening Committee shall include representativesiof the offices of County Administrator, Asssessok" and the Department of Planning, as voting members, and representatives of the 'Office of District Attorney and County' Agricultural T:xtension as advisory, ex officio' members C'. Following a review of applications. the Screening Committee may recommend to the Counter Planning Comnissi.on that the land which is the subject of one or more applications be included in an agri- cultural, preserve, and that; said land should be rezoned to' the "Agricultural Preserve Di'strictO class ification. Such recomendatior may include ' recom nndati oris as to Oddi ti.onal allowable agrLcu.l- tural 'and existing non--conforming usesto be specified in theAgreement,ent as provided Iby Ordinance Code Section 8169(a) (2) . (County Ordinance, iso. -54>� if the Committee Finds the land v�hich is the subs ect 4f the app;11cation 'ineligible for incl.u�Lon in an agricultural preserve or determines that such incluslon woald be inappropriate , it shall forward its recommendation for denial directly to: this R.E OLUMHON 'No. 68/635 -2- Board, whereupon the Board may refer the application to the Screening Committee or the Planning CommIi.ssion for further study car may deny the application. D. Upon referral by the Screening GoMMittee or the Board of Supervisors the COunty Planning Commission shall review and make recommendations ' to the Board concerning the requests for rezoning of all parcels to be included in a proposed preserve, individually and,:,, as a unit. The Qo mission< may make specific recommendations con- cerninp; sred additionalagrcultural uses and existing non- c11onforminuses to be specified. in the agreement as provided, by Ordinance Code Section 81 9�a) (P) • lll>, Establishment of Agricultural Preserves . Upon recei'ving the recozmendatins of the Agricultural 'reserve screening Committee: and. the Planniniz Commission, and after a public hear ng as provided b Groverr� en: Code' Zactirn 512U1(d) , this heard may by resolution, designate and esta.bl.i b Jandu within'' the County as Agricultural, Preserves . M Execution of Agreements. Upon estahl: ish ent> of a preserve, the Chairman of the Board shall be authorized, by resol.utio w on behalf of the County, to execute land conservation agreements with the owners of land included within ithe preserve , said a.greements shall be executed on tb3e st andard form of agreement which is attached erer.ca, designated Exhibit B. whi.eh is hereby- incorporated bere n by reference.' The a Ire.ement shall be execdted by the record owner(s) of- fee title to the lard and ha l also contain the signatures of all owIners af: recorded interests In the land which may ripen into possession. V. Rezoning of Land in Preserves . All lands 'Included in agricultural preserves; and; placed ander agreements shall be rezoned to the Agricultural Preserve District class fie>ati.an. If Land ,hick is the subject of an application is not included .in an o ri .,u . ural preserve and placed, under agreement, the request of the owner of said land for rezoning shall. be deemed withdrawn. RESOLUTION 68/ -33 PASSE ANIS ADOPTED n, :Septe��r 17 �9£8� by the �'o��a�a9 ng vote AYES: Suptrvizors -' Thomas Jbim Cound A. Uns held, Alfred . MStS NOES: Supervisors Jems P* Ke�Y. ABSENT: Supervisors Jem.es E. Moriarty. A i4 B:b t rw .. 9-17-68 ._ RESOLUTIOV NO. 681635 EXHIBIT 11Jlj�pplication Number: CONTRA COSTA COUNTY AGRICULTURAL PRESERVE APPLICATION Please mate: This application is to be returned no later than October 11, 1968 to: County Planning Department 4th Floor - North Wing County Administration Building Martinez, California 94553 Please note: See note on page 2 regarding title report. I hereby request the Beard of Supervisors of Contra Costa County to establish my property, described below, in an Agricultural Preserve in accordance with the provisions of the California Land Conservation Act of 1965 and Contra Costa County Ordinance Code Section 8610>.1 through 8610.4. I further request that said land be rezoned to "Agricultural Preserve District" as established by Contra Costa County Ordinance Code Section 8169. 1 understand that inclusion of said land in an agricultural preserve and the approval of rezoning are conditioned on the execution of a Land Conservation Agreement between myself and the County. Name of Owner of Fee Title Address Telephone Name of Applicant Address Telephone PROPERTY DESCRIPTION (To be filled in by applicant) Assessor's Parcel. Numbers) : Property is located in the vicinity of: Property is outlined on attached map - Use Assessor's Map Boole pages. .6 8/6 35 .... 9-17-68 Application Number: Number of acres in application: Present use of property: (grazing, orchard, cultivated, etc. ) Specify existing and proposed uses of property: 1. Existing: 2. Proposed: Existing structures on property: (Application fee $90.00) Date filed: Receipt number: Note: A title report indicating the recorded fee ownership and all encumbrances, liens, easements, etc. , must be filed no later than December 1, 1968. An up-to-date title report or a policy of title insurance and a chain of title report from the date of the policy will be sufficient . Owner agrees to inform the Board of Supervisors of any changes of ownership or additional encumbrances on the property, attaching subsequent to submission of the title report. Signature(s) of Owner(s) as shown on title report: If signed by other than fee owner(s) , written proof of agency authority must be attached. 68'1635 9-17-68 Application Number: TO BE FILLED IN BY COUNTY ASSESSOR AND TRANSMITTED TO COUNTY PLANNING DE PART MENT. Present Assessed Value Code Area Parcel Number Land A. V. Imp. A. V. Total A. V. Comments: Checked by: Date:. TO BE FILLED IN BY COUNTY PLANNING DEPARTMENT. Existing Zoning General Plan Designation High School District Elementary School District Other Checked by Date: /63 ......................... 9--17-68 Application Number: PLANNING DEPARTMENT RECORD FOLLOWING INFORMATION TO BE FILLED IN BY PLANNING DEPARTMENT . Date of Application Application Number Commission Hearing Staff Recommendation Agricultural Preserve Screening Committee Action C ommi,s s ion Recommendation Board of Supervisors Hearing Board of Supervisors Action 6