HomeMy WebLinkAboutMINUTES - 04152003 - D6 BOARD F SUPERVISORS
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TO: O S .:���� �: �..4.• •
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FROM: DENNIS M. BARRY AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR �os.: �..,..-�v` County
rA co"uK't'
DATE: APRIL 15, 2003
'SUBJECT: HEARING ON THE COUNTY PLANNING COMMISSION RECOMMENDATION ON
COUNTY INITIATED TEXT AMENDMENTS TO MODIFY COUNTY CODE CHAPTERS
84-42 AND 810-2 RELATING TO THE WILLIAMSON ACT PROGRAM TO CONFORM
WITH STATE LAW, County File #ZT 02-0002 (All Districts)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
A. OPEN the Public Hearing.
B. DETERMINE that for purposes of compliance with the California Environmental
Quality Act, the project is Categorically Exempt (Minor Alterations in Land Use
Limitations, Class 5).
C. FIND that the proposed text amendments to Chapter 84-42 and Chapter 810-2 of the
County Ordinance Code, relating to the Williamson Act Program, as recommended,
are consistent with the General Plan.
D. INTRODUCE Ordinance 2003-12, waive the reading, and set May 6, 2003 for
adoption.
E. DIRECT staff to post a Notice of Exemption with the County Clerk.
CONTINUED ON ATTACHMENT. X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON ? APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS
(ABSENT � ) I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD OF
DISTRICT III SEAT VACANT SUPERVISORS ON THE DATE SHOWN
Contact: Patrick Roche (925)335-1242 ATTESTED 1 cr1'
cc: Community Development Department JOHN SWEETE14, CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
County Assessor
County Agricultural Adv.Task Force i
CA Dept.of Conservation �.. .
BY '�.-- , DEPUTY
APRIL 15,2003
BOARD OF SUPERVISORS HEARING ON TEXT AMENDMENTS TO MODIFY COUNTY CODE RELATING TO THE WILLIAMSON ACT PROGRAM
PAGE 2
FISCAL IMPACT
None.
BACKGROUND / REASON FOR RECOMMENDATION
This is a County initiated proposal to adopt several text amendments to the Contra Costa County
Zoning Ordinance Code relating to provisions for the Williamson Act Program to conform the Zoning
Code to State Law(California Land Conservation Act of 1965, Title 5, Division 1, Chapter 7, Sections
51200-51297.4).
Contra Costa County has been implementing the Williamson Act Program since 1968 when the Board
of Supervisors adopted Ordinance 68-53 which authorized the creation of the Agricultural Preserves,
the establishment of the A-4: Agricultural Preserve Zoning District, and the provision for Land
Conservation Agreements (Williamson Act contracts) with qualified landowners. At present, Contra
Costa County has 131 Agricultural Preserves, and there are now approximately 49,018 acres of
agricultural land in the unincorporated area of Contra Costa County under Williamson Act contracts.
Most of the Williamson Act contracts in Contra Costa County were established in the 1970's and they
are predominantly for agricultural land used for cattle and livestock grazing. Since the 1980's interest
in entering into the County's Williamson Act Program has lessened with an average of about one
contract being established in any given year.
The current text in the County Zoning Code establishes a 20-acre minimum for land to be placed
under a Williamson Act contract and it does not differentiate between prime and non-prime agricultural
land. In a recent audit of the County's Williamson Act Program by the State,the California Department
of Conservation has determined that this approach is inconsistent with California Government Code
Section 51222.1 In order to respond to the inconsistency and conform the County Zoning Code to
State law, changes are proposed to modify the text under County Ordinance Code Chapter 84-42,
Agricultural Preserve District (A-4) and County Ordinance Code Chapter 810-12 Agricultural
Preserves. These text amendments to the code are described in Ordinance 2003-12, which is
attached as Exhibit"A"to this report. It is noted that Ordinance 2003-12 was reviewed and drafted by
County Counsel and it differs somewhat from the redline/strikeout versions of Chapters 84-42 and
810-2 that were presented to the County Planning Commission, but it does not change the basic intent
and purpose of the text amendments to conform provisions in the County Zoning Code, relating to the
Williamson Act Program, to State Law.
The proposed text amendments to the County Zoning Code relating to provisions for the Williamson
Act Program would conform the Zoning Code to State Law, and it responds to the findings from the
State's audit of the Williamson Act Program for Contra Costa County.
The proposed text modifications to the County Zoning Code relating to the Williamson Act Program
are consistent with the guidance under the County General Plan to support, encourage, and promote
Agricultural Preserves (Williamson Act Program) within the County as a means to maintain land in
agricultural use by lowering property tax rates for participating farmers and ranchers.
t
APRIL 15,2003
BOARD OF SUPERVISORS HEARING ON TEXT AMENDMENTS TO MODIFY COUNTY CODE RELATING TO THE WILLIAMSON ACT PROGRAM
PAGE 3
The Contra Costa County Agricultural Advisory Task Force was consulted about the proposed text
modifications to the County Zoning Code Ordinance relating to the Williamson Act Program prior to the
County Planning Commission consideration of this matter. The task force's suggestions were
incorporated into the staff recommendation on the proposed text amendments that went before the
County Planning Commission and were endorsed by the commission.
Attachments �4)
Exhibit"A": Ordinance 2003-12
Exhibit"B": County Planning Commission Resolution No.11-2003
Exhibit"C": Report to County Planning Commission,2/11/2003
Exhibit"D": CPC Public Hearing Notice
G:1Advance Planningladv-plan\Board Orders\BOARD ORDER TEXT AMENDMENTS TO CODE RELATING TO WILLIAMSON ACT PROGRAM.doc
ADDENDUM TO ITEM D.6
April 15, 2003
On this day, the Board of Supervisors considered the recommendation by the
Contra Costa County Planning Commission's recommendation to amend County
Code Chapters 84-42 and 810-2 relating to the Williamson Act Program to
conform to State law.
The report was presented by Patrick Roche,Advance Planning Chief, Community
Development Department
The Board discussed the matter and the Chair opened the public hearing. The
following person was unable to attend meeting but requested letter be read into
the record.
Robert H. Chapman, P.O. 2632,Martinez;
The Chair closed the public hearing and the Board took the following action:
• DETERMINED that for purposes of compliance with the California
Environmental Quality Act, the project is categorically exempt(Minor
alterations in Land Use Limitations, Class 5);
• FOUND that the repeal of Chapter 84-42 and 810-2 of the County
Ordinance Code,which would eliminate the A-1: Light Agricultural
District, as recommended by the County Planning Commission, is
consistent with the General Plan;
• INTRODUCED Ordinance No. 2003-12;
• WAIVED the reading, and SET May 6, 2003 for adoption;
• DIRECTED Staff to post a Notice of exemption with the County Clerk.
The vote on the motion was as follows:
AYES: Supervisors Gioia,Uilkema, Glover and DeSaulnier
NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed
********************
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ORDINANCE NO. 2003-12
(MODIFYING COUNTY ORDINANCE CODE CHAPTER 84429 AGRICULTURAL
PRESERVE DISTRICT (A-4),AND COUNTY ORDINANCE CODE CHAPTER 810-2,
AGRICULTURAL PRESERVES,TO CONFORM TO STATE LAW)
The Board of Supervisors of the County of Contra Costa ordains as follows (omitting the
parenthetical footnotes from the official text of the enacted and amended provision of the County
Ordinance Code):
SECTION I. PURPOSE.This ordinance amends County Ordinance Code Chapter 84-42,
Agricultural Preserve District, and Chapter 810-2,Agricultural Preserves, to conform certain
requirements of said chapters to State Law(California Land Conservation Act of 1965, Title 5,
Division 1, Chapter 7, Sections 51200-51297.4).
SECTION II. Section 84-42.404 of the County Ordinance Code is amended,to amend the
minimum parcel size in subdivision(3), to read:
8442.404 Uses—Requiring land use permit. In the A-4 district the following
uses are permitted on the issuance of a land use permit:
(1) Related commercial agricultural uses including the erection or modification of
sheds, warehouses, granaries, hullers, dryers, fruit and vegetable packing and buildings for
the storage of agricultural products and equipment;
(2) A stand not exceeding four hundred square feet for the sale of agricultural
products grown on the premises, if the stand is set back at least twenty-five feet from the
front property line.-
(3)
ine:(3) Residence of the owner, owners, lessee, or lessor of the land on which the use
is conducted. In no event shall any residential structure be permitted to be built or
additional residential structure be erected on less than forty(40) acres per unit for non-
prime agricultural land, or less than ten(10) acres per unit of prime agricultural land.
(4) A home occupation;
(5) Nurseries and greenhouses;
(6) Hog ranches;
(7) Dairying;
(8) Fur farms;
(9) Livestock and feed yards;
(10) Poultry raising;
(11) Commercial fish farming;
(12) Wineries and facilities for processing of all agricultural products produced on
the premises;
(13) Living accommodations for agricultural workers employed on the property of
the owner;
(14) Mushroom houses;
ORDINANCE NO. 2003-12
-1-
(15) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices;
(16) Those uses described in Section 51201(e) of Government Code;
(17) Wind energy conversion systems, except when used only as an accessory to
an allowable residential or agricultural use. (Orris. 2003-12 § 2, 86-61 § 330 84-24 § 3, 68-
54 § 1 (part), 1968:prior code § 8169(b).)
SECTION III. Section 84-42.602 of the County Ordinance Code is amended, to conform parcel
size requirements to Government Code section 51222, to read:
Section 8442.602 Parcel size. Unless otherwise permitted in accordance with
Section 84-42.402 (2),no structure permitted in this district shall be placed or erected
upon a parcel smaller than forty(40) acres of non-prime agricultural land, or upon a parcel
smaller than ten(10) acres of prime agricultural land,where the parcel size otherwise
meets the minimum density for the General Plan land use designation. As used in this
chapter,prime agricultural land has the meaning ascribed to it in section 810-2.407. (Gov.
Code, § 51222; Ords. 2003-12, §.3, 68-54 § 1 (part), 1968:prior code § 8169(c).)
SECTION IV. Section 810-2.404 of the County Ordinance Code is amended,to conform its
requirements to Government Code section 51230, to read:
810-2.404 Standards—Minimum acreage. Except as provided in subdivisions
(a) and (b), no agricultural preserve shall be.established having less than one hundred
(100) contiguous acres.
(a)Agricultural preserves of less than one hundred(100) contiguous acres may be
established if the Board finds that an agricultural preserve of less than one hundred(100)
acres is necessary due to the unique characteristics of the agricultural enterprise in that
area and that the establishment of preserves of less than one hundred(100)acres is
consistent with the General Plan.
(b)Agricultural Preserves of thirty-five(35)contiguous acres may be established
in the areas of the East Contra Costa and Byron-Bethany Irrigation Districts, as previously
established by the Board of Supervisors. (Gov. Code, § 51230; Orris. 2003-12 § 4, 72-58
§ 11, 69=76 § 1 (part), 6949 § 1 (part), 68-53.)
SECTION V. Section 810-2.406 of the County Ordinance Code is amended, to conform its
requirements to Government Code section 51222,to read:
810-2.406 Standards—Minimum parcel. No parcel of land of less than forty
(40) acres of non-prime agricultural land,or less that ten(10)acres of prime agricultural
land, shall be included in an agricultural preserve. (Gov. Code, § 51222; Ords. 2003-12 §
59 69-76 § 1 (part) 69-49 § 1 (part).)
ORDINANCE NO. 2 003-12
-2-
SECTION VI. Section 810-2.407 is added to the County Ordinance Code, to read:
810-2.407 Standards—Prime agricultural land defined. As used in this title,
prime agricultural land means any of the following:
(a) all land that qualifies for rating as class I or II in the Natural Resource
Conservation Service land use capability classifications;
(b)all land that qualifies for rating 80 through 100 in the Storie Index Rating;
(c) land which supports livestock used for the production of food and fiber and
which has an annual carrying capacity equivalent to at least one animal unit per acre as
defined by the United States Department of Agriculture;
(d) land planted with fruit-or nut-bearing trees,vines,bushes,or crops which have
a nonbearing period of less than five years and which will normally return during the
commercial bearing period on an annual basis from the production of unprocessed
agricultural production not less than two hundred dollars($200)per acre; and,
(e) land which has returned from the production of unprocessed agricultural plant
products an annual gross of not less than two hundred dollars($200)per acre for three of
the previous five years. (Gov. Code, § 51201(c); Ords. 2003-12 § 6.)
SECTION VII. EFFECTIVE DATE.This ordinance becomes effective 30 days after passage,
and within 15 days after the passage shall be published with the names of supervisors voting for or
against it in the Contra Costa Times, a newspaper published in this County.
PASSED by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN,
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: [SEAL]
Deputy
L7T:MCDDh9.SC\Ar"3 Wdliamm Aa orADawr_vjd
ORDINANCE NO. 2003-12
-3-
Exhibit "A": Ordinance 2003-12
Exhibit "B": County Planning Commission Resolution No.11-2003
RESOLUTION NO. 11-2003
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE. COUNTY.PF
CONTRA. COSTA, STATE, OF CALIFORNIA, RECOMMENDATIONS ON THE ON
COUNTY INITIATED TEXT AMENDMENTS TO MODIFY COUNTY CODE CHAPTERS
84-42 AND 810-2 RELATING TO THE WILLIAMSON ACT PROGRAM TO CONFORM
WITH STATE LAW, County File#ZT 02-0002
WHEREAS,Contra Costa County has been implementing at a local level the California Land
Conservation Act, better known as the Williamson Act Program, since 1,968 when the Board of
Supervisors adopted Ordinance 68-53 which authorized the creation of Agricultural Preserves,the
establishment of the A-4 Agricultural Preserve Zoning District, and the provision for Land
Conservation Agreements (Williamson Act Contracts; and
WEEREAS,the purpose of the County's Williamson Act Program is to support,encourage,
and promote the continuation of agricultural land uses in Contra Costa County by lowering property
tax rates for participating farmers-and-ranchers;_and- - --- ------ ------ -----_ --
WHEREAS,when the A-4: Agricultural Preserve Zoning District was originally enacted it
established a twenty(20) acre minimum for land area to be placed under a Williamson Act contract
and it did not differentiate between prime and non-prime agricultural land; and
WHEREAS, after notice was lawfully given, a public hearing was scheduled before the
County Planning Commission on Tuesday,February 11,2003,whereas all persons interested might
appear and be heard; and
WHEREAS,on Tuesday,February 11,2003,the County Planning Commission having fully
reviewed, considered, and evaluated all the testimony and evidence submitted in this matter; and
WHEREAS, for purposes of compliance with provisions of the California Environmental
Quality Act and State and County CEQA.guidelines, the project is Categorically Exempt (Minor
Alterations in Land Use Land Use Limitations Class 5; and
---- - - - ----- --- NOW THEREFORE;BE IT-RESOLVED that-=Coun Plarmin -Commission-of the-C-oun
of Contra Costa recommends for adoption to the Board of Supervisors of the County of Contra Costa
the text amendments as described in February 11, 2003 staff report and recommendations to the
County Planning Commission,which will modify County Code Chapter 84-42 and Chapter 810-2
relating to the Williamson Act.
BE IT RESOLVED that County Planning Commission of the County of Contra Costa finds
that the proposed text amendments to County Code Chapter 84-42 and Chapter 810-2 relating to the
Williamson Act Program, as described in February 11,2003 staffreport and recommendations to the
County Planning Commission, will bring Contra Costa County's Williamson Act Program into
substantial consistency with California Government Code Section 51222,the section of state law that
establishes the minimump arcel size for land area eligible to be placed under a Williamson Act
contract,and also finds that said text amendments to County Code Chapter 84-42 and Chapter 810-2
are consistent with.the guidance under the County General Plan to support,encourage,and promote
Agricultural Preserves Williamson.Act contracts)as a means to maintain land in agricultural use by
lowering property tax rates for participating farmers and ranchers.
BE IT FURTHER RESOLVED that the Secretary of the County Plug Commission shall
respectively sign and attest the certified copy of this resolution and deliver the same to the Board of
p Y �
Supervisors all in accordance with the Planning Laws of the State of California.
The instructions by the County Planning Commission to prepare this resolution were given by
motion of the County Planning Commission on Tuesday,February 11,2003,by the following vote:
AYES: Commissioners - Wong, Battaglia, Clark, Hanecak, Mehlman, and
Terrell
NOES: Commissioners - None
ABSENT: Commissioners - Gaddis
ABSTAIN: Commissioners - None
Hyman Wong,
Chair of the County Planning Commission,
County of Contra Costa, State of California
ATTEST:
Dennis M. Bary, Secretary
County Planning Commission
County--of Contra-Costa----------------------_ __ -- -- -
State of California
GAAdvance Planning\adv-plan\Board Orders\CPC RESOLUTION ON WU.LIAMSON ACT TEXT A11ENDMENTS.doc
Exhibit "C":.Report to. County Planninq Commission, 2/11/2003
r
Agenda Item#4
Cominunity Development Contra Costa County
COUNTY PLANNING COMMISSION
TUESDAY,FEBRUARY 11,2003—7:00 P.M.
COUNTY INITIATED TEXT AMENDMENTS TO MODIFY COUNTY CODE
CHAPTERS 84-42 AND 810-2 RELATING TO THE WILLIAMSON ACT
PROGRAM TO CONFORM WITH STATE LAW, County File#ZT 02-0002
STAFF REPORT AND RECOMMENDATIONS
I. INTRODUCTION
This is a County initiated proposal to adopt several text amendments to the Contra
Costa County Zoning Code relating to provisions for the Williamson Act Program
to conform the Zoning Code to State Law (California Land Conservation Act of
1965,. Title 5, Division 1, Chapter 7, Sections 51200-51297.4).
II. RECOMMENDATION
Adopt a motion:
A. Finding that the proposed text modifications to the County Code Chapters 84-
42, and 810-2 relating to the County's Williamson Act Program are consistent
with the General Plan.
B. Recommending to the Board of Supervisors that they make a determination
that the proposed action is Categorically Exempt from CEQA (Class 5 --
Minor Alterations in Land Use) and that they adopt the proposed text
modifications to the County Code Chapters 84-42, and 810-2 relating to the
County's Williamson Act Program as described and recommended in this
report.
III. - BACKGROUND AND_DISCUSSION
The California Land Conservation Act, better known as the Williamson Act, was
enacted in 1965 to preserve agricultural and open space lands by discouraging
premature and unnecessary conversion of agricultural lands to urban uses. The
Williamson Act creates an arrangement whereby a private landowner voluntarily
restricts their land to agricultural and compatible open space uses under a
minimum 10-year contract with a City or County. In return, the restricted parcels
included within the contract are assessed for property tax purposes at a rate
consistent with their actual use, rather than potential market value. The
Williamson Act Program is administered at the state level-by the Division of Land
Resource Protection, California Department of Conservation.
Page 1 of 7
C
A Williamson Act contract(also known as Land Conservation Contract) is a legal
document that obligates the landowner, and any successors of interest, to the
contract's enforceable conditions. The minimum term for a contract is ten years.
A key provision of the Williamson Act contract is that it automatically renews
itself by adding term unless the landowner initiates a notice of nonrenewal. An
Agricultural Preserve defines the boundary of an area within which a city or
county may enter into Williamson Act contract. By statute an Agricultural
Preserve must be no less than 100 acres. However, in order to meet this
requirement two or more parcels may be combined if they are contiguous, or if
they are in common ownership, and may be made up of land in one or more
ownerships. A landowner with less than 100 acres may combine with neighbors to
form_ an Agricultural Preserve. The current Williamson Act law presumes that
Mon-prime agricultural land of at least 40 acres in size and 10 acres.in size for
prime agricultural land qualify for Agricultural Preserves. The statute provides for
smaller Agricultural Preserves if a Board of Supervisors or City Council
determines that the unique characteristics of the agricultural enterprise in the area
calls for smaller agricultural units, and if the establishment of the smaller preserve
is consistent with the General Plan.
Contra Costa County has been implementing the Williamson Act Program since
1968 when the Board of Supervisors adopted Ordinance 68-53 which authorized
the creation of the Agricultural Preserves, the establishment of the A-4:
Agricultural Preserve Zoning District, and the provision for Land Conservation
Agreements (Williamson Act contracts) with qualified landowners. At present,
Contra Costa County has 131 Agricultural Preserves, and there are now
approximately 49,018 acres of agricultural land in the unincorporated area of
p
Contra Costa County under Williamson Act contracts. 1 Most of the Williamson
Act contracts in Contra Costa County were established in the 1970's and they are
predominantly for agricultural land used.for cattle and livestock grazing. Since the
1980's interest in entering into the County's Williamson Act Program has
lessened with an average of about one contract being established in any given
year.
When the A-4: Agricultural Preserve Zoning District was originally enacted by
the County, it established a 20-acremin__irnulm for land area to be placed under a
Williamson Act contract. The County's Zoning Code provisions relating to
minimum parcel size have been determined to be inconsistent with State law by
the California Department of Conservation. This determination was made
following an audit of the County's Williamson Act Program conducted by the
California Department of Finance on behalf of the Department of Conservation.
While the state found the program to be in general compliance with the
Williamson Act, they noted the following provisions of the County Zoning Code
have not been updated with the State law and are therefore inconsistent:
1 Source:Total Reported Enrollment Acres in Yr.2001 as reported by the website for CA Dept. of
Conservation,Division of Land Resource Protection.
Page 2 of 7
Y
• County Ordinance Code, Chapter 84-42, Article 84-42.602, states that the
minimum parcel size for land under Williamson Act contract is 20 acres.
The audit noted that the County Ordinance Code.does not list a separate
minimum acreage requirement for non-prime and prime agricultural land
even though CA Government Code Section 51222 provides that only non-
prime agricultural land parcels of at least 40 acres shall be presumed large
enough to sustain agricultural use.
• The minimum Agricultural Preserve size (100 acres) is not stated in
County Ordinance Code, Chapter 84-42.
IV. PROPOSED ZONING TEXT MODIFICATIONS
The current text in the County Zoning Code establishes a 20-acre minimum for
land to be placed under a Williamson Act contract and it does not differentiate
between prime and non-prime.agricultural land. As noted above, an audit of.the
County's Williamson Act Program by the State has determined that this approach
is inconsistent with California Government Code Section 51222.2 In order to
respond to the inconsistency and conform the.County Zoning Code to State law,
the following text modifications are proposed:
• County Code Chapter 84-42 (A-4: Agricultural Preserve Zoning District)
add new text creating Section 84-42.502, AGRICULTURAL
PRESERVE SIZE, to clarify and define a minimum Agricultural
Preserve Size consistent with California Government Code Section
512305 which would be parallel language to proposed revision under
Section 810-2.404, STANDARD S-MINIMUM ACREAGE; and,
revise Section 84-42.402 (3).., USES REQUIRING A PERMIT, and
Section 84-42.602, PARCEL SIZE, to conform with State law by
setting the inimum parcel size at forty (40) acres for non-prime
agricultural land and ten(10) acres for prime agricultural land; and,
- add new text creating Section 84-42.603, PRIME AGRICULTURAL
LAND, to clarify and define the term "prime agricultural land"
consistent with California Govenunent Code Section 51201(c)
See Exhibit"A a redline and strikeout version of County Code Chapter 84-42
(A-4: Agricultural Preserve Zoning District) reflecting these recommended
text modifications, which is attached to this report.
2 The text under Section 51222 in the California Land Conservation Act of 1965 (Williamson Act)
that establishes a minimum parcel size was added to CA Govt. Code in 1984,and subsequently
amended in 1985 and 1990.
Page 3of7
• County Code Chapter 810-2 (Agricultural Preserves
- revise Section 810-2.404, STANDARD S-MINDvIUM ACREAGE, to
clarify that in accordance with California Government Code Section
51230 there is a minimum acreage size for Agricultural Preserves of at
least one hundred (100) contiguous acres, unless the Board of
Supervisors finds that an Agricultural Preserve of less than 100 acres
is necessary due to unique characteristics of the agricultural enterprise
in that area and that the establishment of a preserve less than 100 acres
is consistent with the General Plan; and,
- revise Section 810-2.406, STANDARDS —MINEMIUM PARCEL, to
conform with State law by setting the standard for l-ninirnum parcel
size at forty (40) acres for non-prime agricultural land and ten (10)
acres for prime agricultural land
See Exhibit"B" a redline and strikeout version of County Code Chapter 810-2
LAg_ricultural Preserves) reflecting these recommended text modifications,
which is attached to this report.
The Contra Costa County Agricultural Advisory Task Force was consulted
about the proposed text modifications for County Zoning Code Ordinance
relating to the Williamson Act Program. Their suggestions have been
incorporated into the recommendation now before the County Planning
Commission. They have endorsed the text modifications.
Attached for the Commission's reference under- Exhibit "C" is California
Government Code Sections 51200-51297.4 relating to the Williamson Act
Program. See asterisk in margin to denote California Government Code
Section relevant to proposed zoning text modification.
V. IMPLICATIONS OF PROPOSED ZONING TEXT MODIFICATIONS ON
IMPLEMENTATION OF THE COUNTY CODE
The proposed zoning text modifications could have the following implications in
the implementation of the County Code:
• Agricultural Core - In the area designated as the Agricultural Core under the
County General Plan it would enable landowners with parcels of up to 10
acres to establish an Agricultural Preserve and enter into Williamson Act
contract. At the present time there are approximately 673 parcels within the
11,000 acre -area designated as the Agricultural Core, and, 257 parcels or
nearly 40%, fall within the 10 — 40 acre range. The proposed text
modifications would clarify that, as allowed under State law, a parcel of up to
10 acres can be placed in an Agricultural Preserve if it falls within the
definition of "prune agricultural land", which would now be defined in the
County Code through the proposed text modifications. This change could
Page 4of7
provide a new incentive or opportunity for the. smaller landowner Within the
Agricultural Core to place their land under a Williamson Act contract
potentially reducing their property tax while retaining the land in agricultural
use. The proposed text modifications are not intended to provide for the
subsequent subdivision of existing parcels,within the Agricultural Core below
the General Plan policy and Measure C-1990 Ordinance that establishes a 40-
acre minimum for the Agricultural Core. Instead, the proposed text
modifications would support and complement existing General Plan policies
on preserving and protecting the Agricultural Core by enabling a landowner
with a parcel in the 10-40 acre-range an opportunity to enroll their land in the
Williamson Act Program.
• Successor of Interest in Property under Williamson Act Contract - As noted
above, most of the agricultural land in the County under Williamson Act
contracts is predominantly in non-prune agricultural land used for cattle and
livestock grazing, and they were established in the early 1970's. In some
cases the land has either been sold off or inherited by heirs in parcel sizes
below the 40-acre minimum under the current State law. Staff is periodically
contacted by a successor of interest in property under a Williamson Act about
the possibility of amending an existing contract or establishing a new contract
for land area below the statute's 40-acre minimum.'Their intent is to establish
a new use or structure that is not provided for within the original contract
(many contracts date back nearly 30 years, and the new use or structure was
not contemplated at the time the contract was created). In these instances we
advise them that State law now establishes a 40-acre minimum for a
Williamson Act contract on land that is non-prime agricultural land even
though the County Code identifies a 20-acre minirnulm, and that we must
follow State law when either amending an existing contract or establishing a
new contract. We advise them that they have three options: 1) provide
evidence that the land area in question can meet the statutory definition of
"prime agricultural land" in seeking an amendment to the contract or in
establishing a new contract; 2) initiate"the process for nonrenewal of the
contract resulting in termination in 9-10 years from the date of notice and/or
petitioning the Board for early cancellation of the contract; or, 3) expand the
size of the land area to meet the 40-acre minlll'lulm. The proposed text
modifications would provide clarity to both the successor- of interest in
property under Williamson Act contract and to staff in addressing proposals to
either amend an existing contract or establish a new contract in situations
where the land area in question falls below the 40-acre minimum.
• Residual A-4 Zoning District on Property Termed Out — In almost all cases
when property is termed out of a Williamson Act contract, the landowner has
already initiated the process to rezone the property. There are a few rare
instances where the Williamson Act contract has termed out and the property
in question is still under an A-4 Zoning District. Although not directly tied to
the proposed zoning text modifications, staff notes that when a Williamson
Act contract is tenned out, the County does not initiate the process to rezone
Page 5 of 7
the property to .a new zoning district. We have advised the landowner that they
are responsible for initiating a rezoning of such property and further advise
them that the County would expect an application for rezoning to another
appropriate agricultural zoning district, consistent with the zoning district for
agricultural properties in the vicinity, where the property falls within an
Agricultural or Open Space land use designation under the County General
Plan.
VI. CEQA DETERMINATION
For the purposes of compliance with the California Environmental Quality Act
(CEQA), staff has determined that the proposed text amendments to the County
Ordinance Code relating provisions for the Williamson Act Program to conform
the Zoning Code to State Law are Categorically Exempt (Class S — mor
Alterations in Land Use).
VII. GENERAL PLAN GUIDANCE
Agricultural Resource Implementation Measures #8-ba, 8-bb, 8-bc, and 8-bd in
the Conservation Element to the County General Plan, page 8-46 to 8-47, all
relate to supporting, encouraging, and promoting Agricultural Preserves
(Williamson Act Program) within the County as a means to maintain land in
agricultural use by lowering property taxes rates for participating farmers and
ranchers. The proposed text modifications to the County Zoning Code relating the
Williamson Act Program are consistent with this guidance under the General
Plan.
VIII. RATIONALE AND FINDINGS FOR PROPOSED ZONING TEXT
MODIFICATIONS
The proposed text amendments to the County Zoning Code relating to provisions
for the Williamson Act Program would confonn the Zoning Code to State Law,
and it responds to the findings from the State's audit of the Williamson Act
Program for Contra.Costa County.
The proposed text modifications to the County Zoning Code relating to the
Williamson Act Program are consistent with this guidance under the General Plan
to support, encourage, and promote Agricultural Preserves (Williamson Act
Program) within the County as a means to maintain land in agricultural use by
lowering property tax rates for participating farmers and ranchers.
Additionally, the proposed zoning text modifications were developed with input
and advice from the Contra Costa County Agricultural Advisory Task Force, and
they support these text modifications.
Page 6 of 7
Attachments (3)
Exhibit"A": Redline and Strikeout version of County Code Chapter 84-42A-4:
Agricultural Preserve Zoning District)
Exhibit`B": Redline and Strikeout version of County Code Chapter 810-2
(Agricultural Preserves
Exhibit"C": CA Govt. Code Sec. 51200 et. seq. See asterisk in margin to denote CA
Govt. Code Section relevant to proposed text amendments for Zoning
Code Chapters 84-42 and 810-2
G:\Advance Plannin\ady plan\Ag Presences\CPC Staff Report 2-11-03 ZT02-000?.doc
Page 7 of 7
i
I
- CONTRA COSTA COUNTY
AGRICULTURAL PRESERVE DISTRICT
CHAPTER 84-42
SECTION 84-42.202 - AGRICULTURALTRESERVE DISTRICT. All lands within an
Agricultural Preserve District (Map Symbol A-4) may be used for any of the following
uses, under the following regulations.
SECTION 84-42.204 INTENT AND PURPOSE. This land use district is intended to
provide areas that provide primarily for the commercial production of food and fiber and
other compatible uses consistent with,the intent and purpose of the Land Conservation Act
of 1965, and County Ordinance Code Chapters 810-2.through 810-4.
SECTION 84-42.402 -USES PERMITTED
(1) All types of commercial agricultural production including general farming,
horticulture, floriculture, livestock production, aviaries, apiaries, forestry,
and similar agricultural uses_, excepting those uses requiring a permit in
SECTION (b) 84-42.404.
(2) Those agricultural and compatible uses specifically agreed upon between the
county and the landowner at the time of entering into the agreement and
designated in writing within the agreement.
SECTION 84-42.404 - USES REQUIRING A PERMIT. In this district the following uses
are permitted on the issuance of a land use pen-nit.
(1) Related commercial agricultural uses including the erection or modification
of sheds, warehouses, granaries, hullers, dryers, fruit and vegetable packing,
and buildings for the storage of agricultural products and equipment.
(2) - A stand not- exceeding four hundred (400) square feet for the sale of
____._agriculturaL products__gro-wr-_om_._the-_pren1ses,_.if the-stand-is.set back__at_least
twenty-five (25) feet from the front property line.
(3) Residence of the owner, owners, lessee, or lessor of the land on which the use
is conducted. In no event shall any residential structure be permitted to be built
or additional residential structure be erected on less than tent -' fort- 40)
acres per unit for non-prime aricultur al land.
(4) A home occupation.
(5) Nurseries and greenhouses.
(6) Hog ranches.
(7) Dairying-
(8) Fur fanns.
(9) Livestock and feed yards.
(10) Poultry raising.
(11) Conunercial fish fanning.
(12) Wineries and facilities for processing of all agricultural products produced
on the premises.
(13) Living accommodations for, agricultural workers employed on the property
of the owner.
(14) Mushroom houses.
(15) Commercial radio and television receiving-and transmitting facilities but not
including broadcasting studios or business offices.
(16) Those uses described in Section 51201(e) of the Government Code.
SECTION 54-42,5041. — MLNTINIUM AGRICULTURAL PRESERNT. SIZE. No
A.gricu.ltural. Preserve shall. be established having. less that one hundred 00)
conti(ruous acres; unless, the Board of Supervisors finds that an agri.cifltural preserve
of less than one hundred. (100) acres is necessary- due to the unique characteristics of
the agricultural enterprise in that area and that the establishment of preserves of less
than. one hun-dred (1.00) acres is consistent 11.71 the General.Plan.
SECTION 84--42.602 - PARCEL SIZE. Unless otherwise permitted in accordance with
Section 84-42.402 (2) above, no structure permitted in this district shall be placed or
-erected upon a parcel smaller -than � . .0 fort ,4 �acres -of n.on-pri .e
-- ar1chtdr land,-except ose structures escri a --.iu su paragrap -- -) (17) a ove. l or
the purposes of this section, structures may be pernnutted on parcels of at least 10
acres in the case of prime agricultural land, -here the,parcel s*e other-vNse meets the
minimum density for the General Plan land use designation.
SECTION 54-42.603 — PRIME AGRICULTURAL LAID. Prime aaricu!tural land
means anv of the followin;r, as deed in Section 51201(c) of the Government Code:
a) all land that qualifies for rating as class I or 1I in the Natural. Resource
Consei-va.tion Sen4ce land use capabilittii, classifications; b) all land that qualifies for
rating SQ through 100 in the Storie Index Rating; c) land. vi hich supports livestock
used for the p~oduction of food and fiber and which has an annual carLNrinn;r capacity-
equivalent to at least one a.nhnal unit per acre as defined by the United States
Department of Agriculture; d) land planted with fruit or nut bearmg trees, wines,
bushes, or crops which have a nonbearing' eriod of less than "five Tears and which
w l.1 normaliy return during the commercial bearing period on an annual basis from
the production of unprocessed agricultural .production not less than two hundred.
dollars ($200) per acre; and, e) land which has returned from the production of
unprocessed agricul.tu.ral plant ...products an annual gross of not less than t"To
hundred dollars ($200) per acre for three of the previous five years.
SECTION 84-42.604 - PARCEL WIDTH. No agricultural pursuit shall be permitted, and
no structure permitted in this district shall be erected or placed on a lot less than three
hundred(3 00) feet in average width.
SECTION 84-42.802 - LOT DEPTH. No agricultural pursuit shall be permitted, nor shall
any structure or use herein permitted be erected, placed, or established on a lot less than
three hundred (300) feet deep.
SECTION 8-42.1002 - BUILDING HEIGHT. There shall be no maxiumurn building or
structure height in this district.
SECTION 84-42.1202 - SIDE YARDS. No side yard shall be less than fifty (50) feet in
width; barns, stables, and other buildings or structures used to house livestock, grainfed
rodents, or poultry hall be at least fifty (50) feet from the boundary line of any residential
land use district.
SECTION 84-42.1204 - SETBACK. There shall be a setback (front yard) of at least fifty
(50) feet for any building or structure.
SECTION 84-42.1206 - REAR YARD. There shall be a rear yard of at least twenty-five
(25) feet for any building or structure.
SECTION 84-42.1402 MODIFIABLE SUB-SECTIONS. Land use permits for the
special uses enumerated in Section 84-42.404 of this section and variance permits to
modify the provisions contained in Sections 84-42.602 through 84-42.1206 may be
granted in accordance with Chapter 82-6.
,Advance Planning\adv-plan\Ag Preserves\Ag Preserve District Chapter 84-42(Ag Task Force 5/02 as revised 2/03).rtf
AGRICULTURAL PRESERVES .810-2.202--81072.414
810-2.404 Standards -Minimum acreage. In
Chapter 810-2 accordance with Section 51230 of the Government
Code,N!n.o agricultural preserve shall be established
AGRICULTURAL PRESERVES having .less than one hundred 1.00. contiguous
acres; unless, the Board of SWer�risors finds that an
Article 810-2.2 Establishment agricultural preserve of less than one hundred {100
Sections: acres is necessary due to the unique characteristics
810-2.202 Establishment by board of of the agricultural enterl)rise in that area and that the
supervisors. establishment of preserves of less than one hundred
Article 810-2.4 Standards (100) . acres is consistent with the General Plan.
Sections: . 'cultural Preseii7es of thirty*-five 35 contiguous
810-2.402 Standards—Compliance acres may be established in the East Contra Costa
required. and B3 on-Bethany Irrigation Districts as
810.2.404 Standards Minimum acreage. )reviousl�T established b the Board of Supervisors.
810-2.406 Standards—Minimum parcel. _'
810-2.408 standards—Parcel defined. ig Ous aefes M""aybRa..' '; '
810-2.410 Standards — Land subject to :1 and
agreement �� i � .
810-2.412 Standards — Land within one (Ord. 72-58 § 1, 1972: Ord. 69-76 § 1 (part), 1969:
mile of city. Ord. 69-49 § 1 (part), 1969).
810-2.414 Standards—Land use restriction.
810-2.406 Standards - Minimum parcel. No
Article 810-2.2 parcel of land of less than twee: forty (4 acres
Establishment of non-prime agii.cu.tu.ral. land shall be included in
an agricultural preserve; but in accordance .with
810-2.202 Establishment — By board of Section 51222 of the Goverimj. ent Code the county
supervisors. The board of supervisors may by may, on its own initiative, offer to include a parcel
resolution designate suitable areas of the county as of at least ten (10) acres of mime nricultural land.
agricultural preserves pursuant to the California Prime agricultural land. as defined under Section
Land Conservation Act (Government Code Section 51201(c ) under the Government Code.-- -- y--size-
51200 ff. as amended) to be devoted to agricultural OWD. :
and compatible uses. (Ord. 69-76 § (1 part), 1969: -� �� - T' '
-
Ord. 69-49 § 1 (part), 1969). confi:mllitu-ted- t _ (Ord. 69-76 § 1 (part),
1969: Ord. 69-49 § 1 (part), 1969).
Article 810-2.4 ------------_----------.--_----
Standards 810-2.408 Standards — Parcel defined.
"Parcel" as used in this title means a contiguous
810-2.402 Standards — Compliance required. area of land under common fee ownership. (Ord.
Agricultural preserves shall comply with the 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part),
following uniform standards as set forth in Sections 1969).
810-2.404 through 810-2.414. (Ord. 69-76 § 1
(part), 1969: Ord. 69-49 § 1 (part), 1969). 810-2.410 Standards — Land subject to
agreement. All land in a preserve must also be
subject to a land conservation contract or
agreement. (Ord. 69-76 § 1 (part), 1969: Ord. 69-
49 § 1 (part), 1969).
(Contra Costa County 3-15-74)
Establishment
810-2.412 .Standards - Land within one mile
of city. . Land,within. one mile of any city may be 810-4.202 Establishment Generally. Upon
included in .an agricultural preserve and placed authorization by board resolution, its chairman may
under contract,but not if the city files with the local execute for the county,land conservation contracts
agency formation commission a resolution of with the owners of land located within agricultural
protest which the commission upholds in the preserves, pursuant to the California Land
manner provided by Government Code Section Conservation Act. (Ord. 69-76 § 1 (part), 1969:
51243.5. (Ord. 73-93 § 1, 1973: Ord. 69-76 § 1 Ord. 69-49 § 1 (part)., 1969).
(part), 1969: Ord. 69-49 § 1 (part), 1969).
810-2.414 Standards Land use restriction. 810-4.204 Establishment—Standard form.
Agricultural preserves shall include only land The board,by resolution, shall promulgate a
primarily used for commercial agricultural standard form of land conservation contract,which
production. (Ord. 69-76 § 1 (part), 1969: Ord. 69- may include provisions additional to,but not
49 § 1 (part), 1969). conflicting with those in this chapter. (Ord. 69-76 §
1 (part), 1969: Ord. 69-49 § 1 (part), 1969).
Chapter 810-4
Article 810-4.4
LAND CONSERVATION CONTRACTS Standards
Article 810-4.2 Establishment 810--x.402 Standards—Compliance required.
Sections: Land conservation contracts shall comply with the
810-4.202 Establishment—Generally. following uniform standards as set forth in Sections
810-4.204 Establishment Standard 810-4.404 through 810-4.412. (Ord. 69-76 §
Bann. 1(part), 1969: Ord. 69-49 § 1 (part), 1969).
Article 810-4.4 Standards
Sections: 810-4.404 Standards—Term. Contracts shall
810-4.402 Standards—Compliance be for a term of ten years renewable annually in the
required. manner provided in Government Code Section
810-4.404 Standards—Term. 51244. (Ord. 6.9-76 § 1 (part), 1969: Ord. 69-49 '§
810-4.406 Standards—Land use 1 (part)., 1969).
restriction.
810-4.408 Standards—Noncompliance. 810-4.406 Standards—Land use restriction.
810-4.410 Standards-Cancellation Contracts shall include landowner-,promises[to
810-4.412 Standards — Division of restrict the use of the land to those commercial
property into two or more agricultural and compatible uses allowable in an
parcels. agricultural preserve district(as set forth in Chapter
84-42). (Ord. 69-76-§ 1 (part), 1969: Ord. 69-49 §
Article 810-4.6 Applications 1 (part), 1.969).
Sections:
810-4.602 Application—Submission 810-4.408 Standards—Noncompliance.
regulations. Contracts shall provide that,if the landowner fails
to comply with the agreement's terms and
Article 810-4.2 conditions so as to render the land or a portion
thereof unfit for further agricultural use,the owner
(Contra Costa County 3-15-74)
shall pay, as liquidated damages to the county, a
sum equal to the_equalized assessed value of the
property as established by the county assessor on
the lien date next following the date of breach. This
provision shall not be deemed a waiver of other
legal or equitable remedies for enforcement of the
terms of the contract. (Ord. 69-76 § 1 (part), 1969:
Ord. 69-49 § 1 (part), 1969).
810-4.410 Standards—Cancellation.
Contracts shall provide that they may be cancelled
only by mutual agreement of the owner and county
pursuant to the provisions of Government Code
Sections 51282, 512 8 3(a) and (b), and 51283.3.
provided,however, that under no circumstances
shall the payment of a cancellation fee provided for
therein be waived, deferred, or made subject to any
contingency whatever. (Ord. 69-76 § 1 (part), 1969:
Ord. 69-49 § (part), 1969.
810-4.412 Standards—Division of property
into two or more parcels. Contracts shall provide
that division of property subject to agreement into
two or more parcels may be construed by the county
as a notice of nonrenewal by the property owner
upon a finding by the board of supervisors that the
effect of the division is detrimental to the ultimate
preservation of the property for exclusive
agricultural use. (Ord. 69-76 § 1 (part),, 1969: Ord.
69-49 § 1 (part), 1969).
Article 810-4.6
Applications
810-4.602 ___Application—Submission
regulations. The board,by resolution, shall
promulgate rules and procedures for submitting
applications for land conservation contracts and for
review of the applications by appropriate county
agencies. (Ord. 69-76 § 1 (part), 1969: Ord. 69-49
§ 1 (part), 1969).
GAAdvance Planningladv-plan\Ag PreserveslAGRICULTURA.L
PRESERVES.doc
(Contra Costa County 3-I5-74)
Exhibit "C": CA Govt. Code Sec. 5.1200 et. seq. See asterisk '
margin to denote CA Govt. Code Section relevant
to proposed text amendments for Zoning Code
Chapters 84-42 and 810-2
afo
rn� Land:C
:onervan Act
_
-
65
HIIAMson Act
AS AMENDED 1/112001
-
:.. Article.1. General Provisions.
open-space use of land vcrithm the preser�Te acid
subject to contract. "Compatible use"includes
§51200. This chapter shall be kno« as the. agricultural:use,recreational use or open-space use
California Land Conserv=anon Act of 1965 or as the unless the board or.council finds after notice and
Vti'illiamson.Act: hearing that the use is not compatible with the
_.
cultural,-recreational or open-space use to which
5.120E As used.in this cha ter,`unless the land is restricted by contract pursuant to this
P
otherwise a anent fiom:the context: _chapter. -
, y C
cultural commodl means any and.all f Board_ means the-board of-supervisors of a
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:plant-an animal roducts roduced in.this state for county which establishes ar ro ores to establish an
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commercial oses. agricultural preserve or which enters or proposes t'
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-,
"A cultural use means use of land'for.the enter:mto a contract on land:w�tbin an a cultural-
- _
o e:of roducm an a •cultural commodi for reserve: ur5uant to this chapter.
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commercial ci counc o a city
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Time a 'cultural land"means an of the which establishes or proposes to:establish an:
y
following:` agricultural preserve or which enters or proposes to
(1) All land that qualifies-for rating as class I or enter into a contract on land unthin an agricultural
:class H in the Natural Resource Conservation Ser�Tice preserve.pursuant.to this chapter.
land use ea ability classifications. (h) Except where it is otherwise apparent from
(2) Land which;qualifies for ratingo through the context,"count-" or"cite"means the county or
100 in the.Stone Index Rating. city.hal"M9 jurisdiction over the land.
(3) Land v.7hich supports'livestock used for the (i) A"scenic highway corridor"is an area
production of food and fiber and which.has an annual adjacent to,and�.1ithin view of,the right-of-���ay of:
caMang capacity equivalent to at least one animal (1) 'An existing or proposed state scenic
unit per acre as defined by the United States h ghw�ay in the state scenic highway system
Department of Agziculture. established(by the Le gislaturepursuant to Article 15
(4) Land planted with fruit-or nut-bearing trees' tcornrnencin th Section 260)of Chapter 2 of
vines,bushes or crops which have a nonbearing Division 1,of the Streets and Highways code and
period of less than five years and Which will normally which has been officially.designated by the
return during the commercial bearing period on an Department of Transportation as.an official state
annuahbasis from the production�of unprocessed scenic highway or
a cultural lant roduction-not ess than two -2)- -A tour seen
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ty c highway-establi d---
---hundred-dollars- - - .er-acne.- -'-_- - - :__-_--- _ursuant tQ Article 2.5 commencin with Section
( )P ---pursuant-- -- -------- - -- ------- ---g----—---
(,1 Lana which has retumed from the %6Q)of chapter 2.of D1-�sion 1 of the Streets and
production of unprocessed agricultural plant products Highways Code,if each of the folloV'Ma conditions
an annual'g�oss Value'of not less than two-hundred have;been-met: _
dollars($200)per acre,for three:-of the prev�aus five - - (A) The scenic hIghvvay ns included In an.-
ears.
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ad
y _ opted:general plan co or civ of the c
A cultural; reserve.:means an area The scenic;h1 hwa: corridor`is he u.ed in.
.
devoted to either agricultural use-,as. efned in n adopted specific plan of the county or cite;and -
._ _ _
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subdlusion ),recreational_use as def ned iii
(b :v. C)`Specic proposaLs`for:unplementulg tire
_
subdivision(n),or open=pace use as-dened iii plank including regulation of land uses have been
subdi�7i'"'L (o),or anN7 combination-of those uses and approved by the Advispr��Committee on a Master-
- ..:::.y.- •._:• '.�.., ._ -..... .__'. _-....•.. :.. .. .. � :. �:.:_- ... •.
_
which is established.n accordance with the : - Plan for Scenic Highways;and the-county
provisions of this chapter. highway has been`officially designated by the
(e) "Compatible ase"is any use determined by Department of Transportation as an official.county
the county or cite adm niste_rincr the preserve pursuant scenic high-vvay.
to Section 512131.512-38,or 51.238.1 or by this act to
be compatible with the agricultural.recreational. or
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A wildlife-habitat.area is a land.or water.. a eal:to-'the coon .board i rsuant to Section 1604-
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area:desi ated b.T a board or council°:after: of the-Revenue and.TaatZon:Code.
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consultin %dth and cons"dern.n the recommendation 7 .
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of the Department of Fish and Game,as an area of §51?OS. I`Tot«rithstanding any.provisions of this
_ -
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great importance-for.the protection or enhancement chapter to the contrary,-land devoted to recreational
. of the wildlife resources of the state. use or land.within a scenic hi6w«ay_corridor,a
. _. . .- - . .
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(k) A 'saltpond"is an area which,for at least wildlife habitat area,a saltpond, a managed wetland
._ ..-
three consecutZve years unmediately prior to.bung area,or a submerged_area n1a7 be included within an
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placed uathin.an agricultural preserve pursuant to thus. agricultural presen..e pursuant.:to this chapter.:
. .
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chapter,-ha1.s been used for the solar.evaporation,of Then such land is.included within an agricultural -
seawater-in the course-of salt production`for - preserve,the city or countyrthin which it is situated
commercial purposes. may contract with the owner for 1.the purpose of
.
(1) A t'managed wetland.area"'is:an area,.which restricting the.land to recreational or open.sp1. ace use
. .
1.
ma be.an area diked off•from the:ocean.or::an �bay, : - and uses corn atible-therewith u'the_same manner as
Y1.
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.
nver or stream to_which:water is.occasiona 11W. rod ide'd In this cha ter.for:land:devot_ed:to
admitted,_and which,-for_at least:three:consecutive agricultural.use. _::For ; oses of thi aection,where
.
. _
. .. .
. , - - .
ears u=ediatel. rior to beim laced within an the term.. `.
Y . Y P :. : : g'P agncultur chapter,it
al an is used m this
a cultural preserve pursuant to_tlus chapter,was .-. -shall b:e deemed to-m6lude"land devoted to - _
gn
.,,,._ _.
_ _
aintamed.as;a:waterfowl.h1. untzn reso.ji . recreattoual.,use and.iand withun a:scenic.hi hwa
used:and.m
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corn dor,a`wildlife habitat urea,a:salt ond,a
or alae refu e:or for agricultural purposes.
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- ".submersed area- an :land determined: managed'wetland:are" or a submer`ed are and
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Yshe=board or council:to:•besubmerged or subs ect to where the.term"a cultural use"is u ed m this
. .. . , . . _. . . :
1.
tidal.action and:found by.the board or council to be o chapter,it shall be deemed to mGlude`recreatlonI a.
. .. _ .
,eat value to the.state as open s space.P � open.space use.
- n "Recreational use"is.the use of land in its� .. 1. - •
agricultural or natural state.by the public, mrith or §51205.11.. Not1.withstanding any provisions of
.
without charge,for any of-the follo��ring: walking, this chapter to the contrary,land vrlthin a scenic
1. .. .:.:
hiking,picnic c1L_ g,caiizping, swl ung;.boating, hlghwav corridor,.as defu ed Jn s6di�=ision(z)of
fishing,hunting,or other outdoor names or sports for Section 51201,shall,-upon the request of_the oNNmer,
which-facilities are provided.for public participation. be included in an agricultural preserve pursuant to
Any fee charged for.the recreational use.of land as tllis chapter.'When such�land is included within an
.
defined in:this subdivision shall. in a reasonable agaricultural preser1.V-. the city_pr coup r within,which
:_
3
amount and shall not have the effect of unduly it is situated sha11'contract Kith the owner f''the
limiting=its:use by the public. Any ancillary purpose of.restnctmg he°land to agricultural use as
structures necessary.for a recreational use-shall de fined in subdi�dsion(b},recreational use.as defined
comply with the provisions of Section 51238.1. in subdivision:(n) open-space use as defined in
. (a) "Open-space use".,is the use or maintenance subdivision,(o),compatible use as defined in .
of land in a manner that preserves its natural: subdi�zson(e),or any combination of:1.such-uses.:
1. . - - .
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-=character�stics,beau `-or_o enness for.the benefit
s
- -_ - --- - - _ --�.-- p -- _ .- ---- _ _ ----- --- --- - -
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- ------ --:-_and enioyment_of the public,to-provide essential------------- -------- § 1206: The.D. _artment o�Conserv atlon ma .---- - -----_- ---..-.
-
habitat for wildlife.,o1.r for the solar evaI. poration of meet with.and assist loca_1.regional,state,-and federal
.
seawater va the course of salt production for agencies,organizations,landovmers,or an)'other
commercial purposes,if the eland is within: p
erson or entity in the interpretation of this chapter.
• , .
.
- _ (1)A scenic highw4y_corridor;as de ed. - - _.- .The department may research,pu s ,.an -
. . •:
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subd3vision. _.: _disseminate ulformation.re. a.d ag the_ ohc�es,
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2' ..A_ l ffife.habitat area,as defined ui. roses,:: rocedures,'admtnlstratlon,_and
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unpleMent_ation of this chapter. This section sba11 be
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-hberall construed,-:to: erlm the=de artment to advise
�3) A saltpond,as•defined.m_subdivision ). Y p. .;: .::p %
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_ V. 4: snana ed.:wetland area,:as.de 'ined m an interested erson or::enti ,regarding this.,,chapter;
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subdiznsion(1) . - _
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r ed-are as defined-' .subdivision. �5.1207. a -on or before M, --tof.:eve . other
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�)A;subme g a,
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year be91nn%ung in 1996,the Department`of
flij) . -
. §51203. The current fair market valuations Conservation shall report to the Legislature regardiIlg
referred to in Section 5153,upon the request of the implementation of this-chapter by cities and
either of the parties to the contract, shall be subject to counties.
The re ort shall contain,but not be limited: which.requires including among ag1 icultural uses the
_
to ,the number of acres of Ian_ d under contract m each housing of.agricultural laborers;and that such use of
. ._ _ _
Bate o and the number of acres:of land which were : agricultural land is in the public interest and u`
removed from contract through:cancellation,eminent conformity with the states Farmworber Housing
:,
domain,annexation,,or nonrenewal. Assistance Plan.
(c) The report shall also contain the following (c) That the discouragement of premature and
specific-information relating to not less`than-one-third unnecessar��con�Tersion of agricultural land to urban
of all cities and`_=counties participating in the- uses is a matter-of public interest and will be of
V4'illarnson Act program- benefit to urban dwellers themselves in that it will
1
t: ) The number of;contract.cancellation:. discourage discontinuous urban eve opment patterns
requests for which:notices of hearings Jere:mailed to which.unnecessarilT increase the costs of community
the.Director of Conservation pursuant to Section serVices to com !unity residents.
5184 which were approved by boards or councils (d) _That in a rapidly urbanizing society
durin4 the nor awo- ears:-or;for which a royal is a cultural-lands have a definite public value as open
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still pen b :boards or:councils. space,and the presentation in a�cultural production
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2 The amount of caincellation fees a able`to of such lands,the use.of which ma�T belimited under
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the county treasurer as deferred awes and which are the.provisions of this chapter,constitutes an
req aired: o`.be traasmlted to the kontroller pursuant important physical; ocial,esthetic and economic
to subdivision d of:Section 51283.W.hich ha��e not asset to existing or ending urban..or metropolitan
been_collected or which-remain unpaid: developments.
Ade d_ .tom_a s hi h •d
(3) The total number:of acres covered by (e) That lan wi Genic g way corn or.
.n
certificates of cancellation:of contracts:during the [ = or wildlife habitat area as defined in:this chapter has
f it- nic b
previous two years. a value to the state be ause o s-sce eauty and
(4)::The number of nonrenewal and withdrawal its location adjacent to or within view of a state
of renewal notices received pursuant to Section scenic highway or because it is of areat importance as
51245 and the number of expiration notices received habitat for wildlife and contributes to the preservation
purse ant to Section 51246:during the pre��ious two or enhancement thereof.
ears. ()
Forthese reasons,this chapter is necessary
O -The number of acres covered by no renewal for.the promotion of the general-%velfare and the
notices that were not v�ithdxauFn and expiration protection of the public interest in agricultural land.
I notices during-the.pre.vious two years.'
'
(d) The department may recommend changes to §51220.5. The Legislature finds and declares
his chapter ujhich:would further promote_its - that agricultural operations are often hindered or:
purposes. impaired by uses which increase the density of the.
(e) The Legislature nay upon request of the permanent or temporary human population of the
department,appropriate funds-from the:deferred'taxes agricultural area. For this reason,cities and counties
deposited in the General Fund.pursuant to shall determine the types of uses to be deemed
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aubdivision:(d)of Section-51283 in an-amount ; "compatible uses"in a manner which.recognizes that
sufficient to prepare the report re uired b this -_a ermanent or temporary population increase often
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section: _ hinders or impairs agricultural operations.
Article 2. Declaration §51221. The Legislature further declares that the
expenditure of public funds-under the provisions of
§51220s--1-he,Le . atur..e:finds:
in li in d is
this-chapter is the pub c !crest and._ necessary,
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Ca)..That the -resenation_of.a.maximum amount to the accom lishment of the oses herein set
of:.the limited su 1 0 a._'cultural.Ia_ndis necessary forth:
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tto'the conservation Mahe atate economic.r+esources,
- -and is.recess : :not-ori to the:mamtenance of_;the := §51222: The Legislature:further deciares that t
...:.. ....
agricultural economy of the state,but,also for the is in the public,interest for local officials and
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assnrance of adequate,_healthful and nutritious food landowners to retain agricultural lands:which are.
for future residents:of- s state and nation. subject to contracts entered into pursuant to this actin
• That the-.
cultural work force is vital to arcels lar a enough to sustaui a cultural uses.
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sustaining,agricultural productivity;that this work permitted under the contracts. For purposes of this
force has the lowest average income of any section, agricultural land shall be presumed to be in
occupational group in this state;that there exists a parcels large enough to sustain their agricultural use
in the case cif
nee-d to house this work force of crisis proportions if the land.-is!l 1 at least 1.0 acres in size
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and oir, 2 .at least:40 acres m s�ze-� :l The arcel to e transferred s at least. .
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;:vtihich isnot xzme`a cultural acres m`siz+e.0 the case of nine a, cultural San o
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land.
.; _.:,r :...i :.. - at least 40 acres ui si a ui the case of Iand which is
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t- rim gri �I and,and otherwise-meets the
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.Article 2.5. Agricultural Preserves I- . . requirements of Section 51222.
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. t2) The.parcel o be 1.transferred conforms to the
. §51230: BegLTlDlll' JanuI. ary 1 1971,any count�T applicable local zoning and Land dig sion ordinances .
or ci��having a general plan,and until December 31,: and any applicable local1. coastal program certified
« _,__
197.0,an .
ount or ci T,b resolution;and after a; ursuant to Chapter 6_ commencing urith Section
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ubI.lic headn ma establish an agricultural-, reserve. . 30500 o iv s on.2o of the Public Resources Code.
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Notice`of the hearing shall,be published ursuant.to - .. 3 The arcel ao be transferred complies with
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Section 6061;and shall;vaclude_a Legal description,or all applicable requirements relating to agricultural
the assessor'-s parcel number,.of the land which is :. income and permanent agricultural improvements
ro osed to.be'included within the; reserve. .Thee. : _ which are im osed b :the,conn or e 7 as a
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reserves shI.allI.
-be.estab%lished for;the ose:of conditi1.o1.n.of a`contract executed ursuant to.-Article 3
6. .
1 . defi�ain the..boundaries:of those areas.�wi, .which1. (commencing with Section X1240):co�enng-the
= _ _
the cit.T or noun T-:will b-e will n to enter into of which the.. arcel to be_transferred is a portion. For
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-c ntracts ursuant to�:this-,act._:An>a cultural: : -. oses of this ara a:h. f.the.:contracted land
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s rve shall-co ist of.:no Gess than�1. O.acresi; 1_ :r ahead coria hes:with:these re uuements,-,the ortion
re.e, ns _ .-
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rovidi-d-that va_order to:meet this re uuement two_.: . _ .-of that land to be transferred shall be deemed to
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or more: arcels:ma. be:combined: .f tf�e .are _,..� comply wit�h'tti requu-ements.
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conte nous or:if. h' are m_cL.ommon ownership;:and - - (4) There exists`a written:a reement between .
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.further.provided,that i.order oto meet this .the imm ediate faIIL.ily members who are parties to the
requirement:Viand zoned as timberland production proposed transfer that the L and«�hich is subject to a
pursuant to Chapter 6.7(com nencmg with Section . contract executed pursuant to Article 3(commencing
51100)may be taken into account. with Section 51244)and the portion of that land
. .
1.
A count��or cit3T may1.1.establish agricultural preser�Tes which ls_to be trans11 .ferred will be operated under the
of less thanL.100 es.if it-I.'ads tliat smaller preserves joint.manage�ent of the parties su1.bject to the terns
.11'.
are necessary-due to the unique cha1.racteristics of the and conditions and for the duration of the-co
agricultural_enterprises in the area and that the executed pursuant to Article 3 (commencing Nvith
establishment of Pres:rV-es'of:less than 100 4cres is .. Section.51240):.
1. .
consistent with the general.plan of the.count��=or ci
(b):;:A transfer of ownership described in
. -
An agncultural`:preserve may contain land`other than subdivision(a) hall have no effect on any contract
agricult1.
ural land,=biit the. e o any`h6d within.the executed:pursuant to Article 3(commencing with
preserve and-.not under c1.ontract,hall.within two:: Section 5120 covering the land of which a portion
1. years of the effective:date"of any contract on land - was the subject of that transfer.The portion so
within the preserve be restricted by.zoning;including transferred shall remain subject to that contract.
: .
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appropnate mvaimum parcel sizes that are ata (c) For purposes of fihis section, immediate
- minimum consistent%vnth--this-chapter (such a way family",*means the spouse of the Landowner;the
- -- --
_ - - - --- ----- -- ---_
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_-- __.
_--- _ _ _--- as_not_to be_incompatible_with_:the agricultural use-o f--_ -- .natural or adopted children of the Lando er,-_the. --- __ .
. the laL.nd,the use of which is irnit1.ed.by contract in .parents of the landoxkmer;or the sibli_nas.of the
.....
-accordance Rath this chapter. - landoWner. _
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Failure on=the part of the board-or-council t.restrict .
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the use-of'land.Rithm a reserve but:iot subject:to _ -§512.30.2.:Qa)Except as provided:ln'Section
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contract.shall:notbe- ufficient;reason--to-- or.. 5123,8,and notes thstan_.:ding Section 1222:.or
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:otherw� e:invalidate a contract. .
,* 7 7 .a landowner uta�; ibdivide land that.is
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= - - currently`.designated as an agricultural preserve if all
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: 51230 A {O:bathing.contained m-thy ch
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shall: reventrthearansfer sof-_ovc�ership from one .(1) :The:parcel to be fold:or lease is no more
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. immediatefamily member to:another.of as pbrdon of ..than five.acres. :,
1. _ :_ .
1.
_ . gricultural:,... 2) The parcel shall be sold or:leased to a
wand which is-currently desi teal.as an:a _
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preserve in accordance with the.provisions of=1hts nonprofit--organization,a`city,a county,a housing
chapter,if all of the following conditions are authority, or a State agency. A lessee ttiat.is a
satisfied: nonprofit organization shall not sublease that parcel
��ithout the N��ritten consent of the lands}�x°mer.
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3 The arc' to be sold.:or leased shall-be -�reserve;notice_of the ro osedMalteration,or
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.sub ect to a deed restriction that hilts lthe use of ahesesta�hshnment=and the date of:the heann :'shall be
parcel to agncuitural laborer housmg:facilities for not furnished by;the board or counrl to the:owner of the
less_than 30years. That deed restriction shall also land by cedfied:mail directed to him at his: ates
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require-that parcel to be merged with-the parcel from address known to the board-or council. Such notice
which it was-subdivided when the parcel ceases to be shall-also be published -ursuant to Section 6061 and
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used for agricultural laborer housing.. shallbe furnished by first-class mail to each ovm of
-(4) There-is a uTitten'agreement between the. land under contract,any:portion of which is situated
parties to the sale or lease and their-successors.to within one mule of the exterior boundary of the land_
operate.the parcel to be sold,.or leased under j oint to be removed.from the presenTe,
management of the pat-ties,subj ecfto the terms and
conditions and for the duration of the contract §51233, when a county proposes to establish,
executed pursuant to Article 3.(commencing with disestablish,or alter the boundary' of an.agricultural
.Section 1240 . ery
_)_ :.. - .-.preserve: all:give wn
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e t sh iters notice:at Least two
e be _ a
The arcel o be sold or eased is A within es. _.fore the hearin to.the local agency:
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a city or(B)ui an unincorporated`temtory.or sphere formation commission and to-eve `ci_ :��lthin the
Of influence:that is contiguous to one or more parcels county within one mile of the exterior boundaries of
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that are ahead-T.zoned re_sidentral,'commercial, or the preserve.:. - -
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industrial and develo ed with existing presidential; -
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commercial,-or_industrial uses.
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= §5 234. An ro osai to establish:an
b Thea cultural labor housing:project ague tur reserve:-shall be::submitted Io he-
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be desi ed to abate,to thea extent racticable, Iannm de artment of the:coup or ci Navin
impacts-on adjacent landowners'agricultural jurisdiction over`the nand. If the county or_city has no
husbandry practices. The final Plan for the housinPIanningdepartment,a proposal to establish
ang
shall include an addendum that explains vcrhat agricultural preserve shall be submitted to the
features will be included to meet this goal. planning comnnission. 'Within 30 days after receiving
(c). A subdivision of land pursuant to this such-a proposal;,theplanning department or plannma
section shall not affect any contract executed commission shall.submit areport thereon to the board
pursuant to Article 3(commencing with Section or council. However,the board or-council may
511.140). The parcel to be sold or.leased shall.remain extend the time allowed for an- `additional period not
subject to that contract. to exceed 30 days. The repon�t-shall include a
statement that the:preserve is consistent:with,the
§ purposes of this chapter,the' general -Ian,and the board or council shall ma k- a
51231.. For. :. P
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board or council;by resolution;shall adopt-rules finding:to that effect. Final action upon the
governing the administration of agricultural establishment of an agricultural preserve may not be
preserves,including procedures for initiating:filing. taken by the board or'-co'undluntil the report required
and processing requests to establish agricultural by this-section is received from the planning
preserves...Rules related to compatible"uses shall be departrnent or planning commission,or until the
consistent-with the provisions:of-Secton138.1. required 3o days}hae elapsed and_any extension
_Those_rules shall be_.applied_uii formly throughout.the_ _ __ _�the.-reof.granted b_y:the board.or_council has-elapsed._:-
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preserve. The board or council may require the
payment of a reasonableapplication fee. The same §51235. An agriculturalpreserve shall continue
procedure.that is required to establish an agricultural in RM effect following'annexation,detachment,
preserve shall be used to disestablish or:to enlarge or. incorporation or disincorporationof land-within the
dimuush the-size,of an agricultural preserve., in preserve, An c2
or coon : ac uirin •urisdiction
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-ado 4 rules related`.to-zo. att 46--uses---the boardover wand m__� reserve b annexation,detachment,
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or_Counc�I:.ma enumerate;those uses;,mcludinQ : - incorporation or dzsmco arat}on shall have all the
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a `..cultural laborer housing v�hich are to be r: -hts and res onsibilities;s ecifiedan this'act for s
consideredao be compatible uses on contracted lands cities or_-counties include the r ht:to enlare,
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separately from those-uses which are to.b`e considered diminish or'di establ.h an.ag cultural preserve
to be.compatible uses-on-lands not under-contract within its jurisdiction:
within the agricultural preserve.
§51236 The effect of removal of land under
§51232. In the event any, proposal to contract from an agricultural preserve shall be the
disestablish or to alter the boundary of an agricultural equivalent of notice of nonrenewal by the cit)l OF
preserve will remove land under contract from such a county removim the land from the agricultural
reserve and such ci or coup : shall at least'60 nei Qhborm 1
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ty qy:'' ..:. �, b g ands,.including:activities such as
da a or..to the ne t'renewal:date followm the harvesting,-: .roce�s �r ahi 3n .
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removal;°serve a notice of nonrenewal as rovided ui 3 The use*M''6t in the`si cant -
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Section 51245. $uch notice of nonrenewal shall be rem A al of adjacent contracted land from agricultural
recorded as pro'Naded in Section 51248. e u
or open spacse. in evaluating compatibility,a
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board or council shall consider the unpacts,: pacts on'
_.
§ 1237.. Whenever an.agricultural preserve is noncontracted lands in the agricultural preserve or
established,and so_long as it shall be,in effect, a naafi preserves.
of such agricultural preserve and the resolution under board or council may-include in is
which the preserve was.-established.shall be filed-and compatible.use.rules:or ordinance.conditional,-uses
kept current by the city or county with the count�� Which,:v��thout conditions or mitigations,would hot'"
recorder. be-in compliance with this section. These conditional
uses.shall conform to theprinciples of-compatibility.
51237.5. :On or before-the first•da of set:forth in subdivisioli a or-,for no rime�l�ands
§- Y
Se :tember-. each:::ear,each city.or county m which onl ; sails the re uirements:of subdivision
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an agricultural reserve is located-hall file.with the.. ; c . In a l m he criteria ursuant to.P t app :. P.
Director sof Conservation a ma of each ci or subdivision a,-the-board or council rna approve a
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county and.designate.thereon agnea tar use on.,nonprime land which,because of onsite or
g :: =offsite.. acts;would:not be n co Nance with
Preserves an:existence:at the end oft'' precedm unp rnp.__
fiscal . ear.
a as 1
par„_.,...gr_-p �h ._( ).and(2).;6f subch�inion(a)�provided
the use is a rov d u
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e,-pars o con tion se
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§51238. a (1)_Nota ithstandm an determination ermit thatshall:set faith�findm�s;based on -_of compatible uses by the comity or city.pursuant to substantial evidence in the record,demonstrating the
this article,unless the board or council after notice following:
and hearing makes a finding to the contrary,the (1) Conditions have been required for, or
erection;construction,alteration; or maintenance of incorporated into,the use that nitrate or avoid those
gas,electric,water,communication,or agricultural onsite and offsite impacts so as to..' ake the use
laborer housing facilities are hereby determined to be consistent with the principles set'forth-m paragraphs
compatible uses within any,agricultural preserve. (1)and(2)of subdivision'(a)to the greatest extent
(2) No land occupied by gas, electric,water, possible while maintai�un r the purpose of the use.
communication,or agricultural laborer housing 2 l- -
OThe productive capabiht� of the-abject land
facilities shall be excluded from an aicultural has been considered as wellas the extenf to w)Zich the
p y se. use:ma T displace.or. Impair ag�rncultural operations.
reserve. reason o at u
The:board of supervisors may impose (3) The use is consistent with.the purposes of
conditions-on lands or land uses to be placed v ithin this chapter to preserveagricultural and open-space
preserves to permit and encourage compatible uses in land or supports the continuation of agricultural uses,
conformity with Section 51238.1,particularly public as defined in Section 51205,or the use or
•
outdoor recreational uses. ces;:on the`sub'ect
-
conse�va ono nater resour.
Ls in th gricult
-reel or on other arce '.
e a ural reserve.
par._ _-- ----- -----p- _- --- -- -----—-p----
__-- __-.__§ _1238.1.�aUses approved on contracted lands C The_use_of mineral_o_ sources:shall_comply_with_
hall be consistent.with all of-the following principles Section 51238.2,
of compatibility: (4) The use does not imlude' �a residential
(1)=`The use will not significantly compromise subdivision. Far the purposes of this aecton,a board
thelo productive agricultural capability-of the or councflmay define nonp-rime land as land not
'
sub'ect=contracted -reel or -reels or:on:other defined as." rime.a 'cultural land" ursuant-to
contracted lands an:a cultural.:. reserues, subdivision c of-Section:.51201:' as'land not
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f(2) The use will riot Slgnificantly::displace or classified as as land urst to
un air current:or reasonab �foreseeable agricultural snldivsion(a of Seetion2106 , of the Pubhc
-
o erations h the-subject contractedparcel:or parcels Resources Code. Not�ung in this section shall be
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or on other-contracted lands an agcultur preserves. construed to overrule;rescind;wor mo the
Uses that si canal dis 1-ce:.a :•cultural. re.uirei ents:contained in Sections 1230 and 5.1238
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operations:on the subject contracted parcel or parcels related-to noncontracted'latids�nthin agricultural
may be deemed compatible if they relate directly to preserves.
the production of commercial agricultural products
on the subject contracted parcel or parcels or §51235.2. Mineral.extraction that is unable to
meet the principles of S ection 512 3 S.1. mai,
b a roved as corn atible use if the - ::documents as those documents.existed.at the time the
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board or council is able to document that(a)the. Willi_auason:Act contract-was.-u-tially signed. -
underl Tin :contractual commitment to reserve rime This aul?division shall;be narrowly construed to be
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land as defined in subdivision(c) of Section 51201, consistent with the purposes of this chapter.
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or(b)the underlying contractual commitment to
preserve nonprime land for open-space use.as defined §.5-1239&S..(4)'If an owner of land agees to' -
m subdl��ision(c)of Section 51201, p and for free public
wM not be ermit the use of his o Tier I
significantly impaired. Conditions unposed on recreation,the board or,council ina��agree to -
mineral extraction as a compatible use of contracted indemnify the o�yner:against all claims arising from - - ---
land shall include compliance with the reclamation that public use. The owner's agreement,that the-land
standards adopted by the Minn-and Geology Board be used for free,public.recreation shalt not be
pursuant to Section 2773 of the Public Resources construed as an implied:dedication to that use:
Code,including the applicable-performance standards (b) If an owner-of land-agrees-to permit the-use
.; . :
: for rune a cultural-land and other agneultural of hisor=her:land f or:agricultural taborer-housuig0.1
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land and no exce tion to these standards int be -facilities authorized ursuant to.Section'5123. the
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permitted. For purposes of this section,"contracted city,county,housing:authority,state'agency,or -
land"means all land under a single contract for which nonprofit organization may indemnify the ovtner
an app seeks a compatible use permit. against all clavus_arising from,that use.
§ 1238.3.(a)The requirements of Sections §51239..The board or councrl nay appoint an
51238.1 and 51 38,2 shall nota 1 r to coin atible ad�Tnso board,the nem ers of.Rauch shall serve at:
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uses for which an application was subnutted to the the pleasure of the board-or council and may:be paid
city or county prior to June 7, 1.994,provided that the their expenses. They shall adNise the board or
use constituted a compatible use as that term was council on the administration of the agricultural
defined-b�7 this chapter either at the time the' preserves in the count)r or city and on`any'm.atters
application was submitted,or at the time the relatin`to contracts entered into pursuant to this
)W"iam on Act contract was signed with respect to chapter.
the subject contract lands;whichever is later.
(b) Neither shall the requirements of Sections Article I.
contracts
512 3 8.1 and 512.3 8.2 apply to land uses of contracted
lands in place prior to June 7. 1994,that constituted a §51240. Any city or county-may.by contract
"compatible use as the term"co upatible use"was ._ limit the use of agricultural land for the purpose of
definedby this cha ter either at the tune a use was
Y P presen, g such land pursuant and subs ect to:the.-
initiated;or at the time the Williamson Act contract conditions set forth in the contract and in this chapter.
was signed with respect to the subject contract lands, A contract may provide,for.restrictions,Germs,and
v,rhichever is later. - conditions,including payments and fees;more
c)(1)Neither shall the requirements of Sections restrictive than or in.,addition to those required by this
51238.1-and 51238.2 apply.to uses that are'exPressl
Y chapter.
specified within the contract itself-prior to-dune 7
-
__ 1994,-and that constituted_a__%ogpatible use".:as-the _ - ------_-X51241,-If such a-contras ts-made.with an
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term"co alible use'' was defined b r this chapter at
compatible, P landowner,the city or,countyshall offer such a-
the time that V411Iiamson Act contract Rias signed contract under similar tern's to every other ov"�ner of
with respect to the subs est contract lands or at the
S a 'cultural land vMhin the`agricultural preserve in
tinze the contract was amended to include the uses, question. However,except as required byT other:
whichever is later. Forpurposes o u _ vision, revisions of this cha ter the_ revisions=of;this
p, _P p
there requirements-of Sections 5:1238.1 and 51238..2; -
_ q ectlon shall_not.be:construed as-requmng that-all:. _
effective=anuary 1. 1995;shall apply[to contracts for
contracts a ectin land v�Thhm' a reserve be
which contract
nonrenewal was uutlated°and was identical,so loncy as such differences as exist are -
withdrawn=after January 1,1995. related to differences in aocation and characteristics
For ores:of this cha ter,a coin atibie
''(2)- PSP P P of the land and:are pursuant o uniform rules adopted
use is considered to be-expressly specif ed with the b the coup or city
_ - -.
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contract only if it is apecM.ally enumerate u�thin
the four comers of the Williamson Act contract.either §512.42. No city or county may contract With
without the benefit of referenced documents,or with respect to ani}land pursuant to this chapter unless the
respect to Williamson Act contracts signed on or land:
before Tune 7, 1997,vA.-ith the benefit of referenced (a:} Is devoted to agricultural use
7.
,
(b) Is located.unthm an area designated by a cite the contract if each of the.following had occurred
or. ltural reserve.coun 'as;an a cuto January.1 1991P - -
( bin ithin one mile -
1) The land e g annexed was w.
§51243. Every`contract shall do both of the of the city's boundary when the contract was.
following: executed.
(a) Provide for the exclusion of uses other than (2) The city.had filed with the,local agency
agricultural,and other than those compatible with formation commission a resolution protesting the
-
acultural uses,for the duration of the contract. execution of the contract~
g,
(b) Be binding upon, and inure to the benefit of,
(3) The local agency formation commission had
all successors in interest-of the owner. whenever held a hearing-to consider the city's protest.-to the
land-under a contract is divided,the owner of any contract.
parcel may exercise,_independent of any other owner (4) The local.agency formation commission had
of a portion of the divided land, any of the rights of found that the contract would be inconsistent with the
the.aovner;.in the on al contract,includin the ddkht ublicl ?desirable future use and con of the land.--.:::
to` "ve`notice.of nonrenewal and to etition:for The local a enc fo-raation commission had
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cancellation. The effect of any such action by the approved the city's protest.
owner of a parcel*created by the division of land (f j It shall be conclusively presumed that no
under contract shall not be imputed to the_owners-of protest«ras.filed b3T the ci unless there is a record of
- _
,the remajn�n arc As and_shall have no effect on the. the filing of the test.aad the rotest identifies:the
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contract:as it apphes'to the emainrng parcels of.the affected contract and the sub•ect arcel. It shall be
dsvided`land. Exce t as -rovided in Se*ction.�51243.5. conclusivel resumed that,re aired notice was 'ven
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on aad after the:effective date`of the annexation by a. before the ehecution of the contract.
city.of any land under contract with a county,the city (g) The option_of a city to not succeed to a
shall succeed to all rights, duties,and powers of the contract shall extend only to that part of the land that
count��under.the contract. was within one mile of the cit T''s bouudar T Then the
contract was executed.
'.§512,43.5.(a)This section shall apply'only to (h) If the city exercises its option to not succeed
land that was within one mile of a city boundary to a contract,then the city shall record a certificate of
when a contract was executed pursuant to this article contract-termination with the county recorder.at the
and for which the contract was executed prior to same time as the.executive officer of the local agency
January 1.,1991. formation commission files the certificate of
(b): For any proposal that would result m the complet:�on pursuant:to Section 5720' The
anneiation to a city of.any land that is subject to a certificate of contract termination shall include a -
contract under this chapter,the local agency legal description of the land for Vrhich the city
formation commission shall deterrnoine whether the terminates the contract~
city may exercise its option to not succeed to the
.rights,duties,and powers of the county under the §51244. Each contract shall.be for an initial
contract:
_ term of no less than 10 years. Each-contract shall
{cj In Mang the determutatlon required by provide that on the anniversary date of the contract or
_subdivision=�b�,pursuant to Section.51206 the local such other annual date as_s _ecified by_the contract_a,
- - ----— - ----- ---- -_-- P
aQenc formation co�nission may request and the. year mall be added automatically to the i itial tern
Department of Conservation shall p'Ovide,advice unless notice of nonrenewal is gi�Ten as pro��ided in
and assistance in interpreting the requirements of this Section 51.245..
section: _
d A,c ma exercise its-o tion-to-not succeed
X1244.5. NoMithstandina the rovisions of
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to the n Zits :duties,and owees of the coup under Section.51.244,if the initial i6t ---' ahe contractus for
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the contract if:both of the'following had occurred more than l0.years,the contract may provide that on
prior to_December 8; 1971:
the anniversary date of the contract or such other
(1)(The 1
and bein annexed was within one mile annual date a a ecified,b_ the contract be -
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of the city's boundary when the contract was nth the annivers date on which the contract ]
ary
executed. _
:have an unexpired term of nine years,a year shall be
2- The-city-had:led vu nth _
O ty- the county board of added automaticall.�T to the initial term unless notice
supervisors a resolution protesting the execution of of nonrenewal is given as proN ided in Section 51245•
the contract.
(e:) A city-may exercise its option to not.succeed §51245. If either the landovmer or the cid-or
to the riLhts.duties,and powers of the.count}.under cwount`-desires in ani,)Tear not to renew,the contract..
that_ shall serve written notice:of nonrenewal of : Revenue and Taxatlou.Code,succeeding.to and
PAY
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the conttact u .on'_the other in advance the __ me udmg;the.lien date for the 19$1-82 fiscal ear:
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annual renewal date of th+e:coiitract. Unless uch; Commencing.with he lien.date forahe 1982-83 f seal
ulritten-notice is served b*the' landoumner-at least 90 SJear and on'each lien date thereafter,such timberland
days prior to the renewal:date or by..the city or.county shall be valued according to Section 434.5 of the
at least 60 days prior to the renewal date-,--the' contract Revenue and Takation Code.--
shallbe considered renewed as provided in Section
124 or,Section 51244.5. Upon,receipt by:the §51247. The landowner shall furnish. e city or-
1
o«�ner.of an*one from he county or city-of count*with suoh information as the city or county
nonrenewal,the'.' wner:may:make aitten protest of -shall require in order to enable it to deter
muiie the
the notice of nonrenewal•.Me county or,city,may,at eligibility of the and involved.
any time prior to the renewal_date,:withdraw the
notice of nonrenewal.. Upon request by the owner, -§51?48. No later than?0 days after a city or
o cil nia authorize the owner to.serve county-enters:into a contract vtT th a landoxNmer,-
ihe board or c un y tY
a notice;,of.nonrenewalon,:aportion,of the:Iand.under pursuant to this chapter;the clerk of the board.or
c ntract. ithin 30 da:sof he:recei t of:a notice council,-as-the case lna be shall record with the
a o
of nonrenewal from aaandovicer,the service of a noun recorder a co of the contract,which shall
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notice of nonrenewal-upon:a landov�Tner,or the describe the land subject thereto,together with a-
_
withdrawal of a notice o nonrenew the c Tor :; reference to the ma;shovwm the locatZon of thee
_ -
conn of the.notce-or a notice of aicuitural;:preserve u which the propertyhes.
ty_shall deliver a copy
withdrawal of nonrenewal to the:Director.01.__. From an afterahe time;of such recordation such
Conservation.=No later:�than 20_days.after a-:city_or contract ahall unpart such notice thereof t i all
countyreceives a-notice of nonrenewal from a persons-as is'afforded-by the recording laws of this
landowner, serves a notice of:nonrenewal.upon a state.
landowner,or withdraws a notice of nonrenewal,the
clerk-of the board or council, as the case maybe, §51248.5. Whenever any-city or county is
shall record with the count3�recorder a copy of the required to record ant contract by this chapter,it may
notice of nonrenewal or notice of vcnthdrawal'of -file a fictitious contract. Thereafter.any of the
I provisions of such fictitious contract may be included
by reference in any contract required to be filed by
§51246,.(a)Ifthe county or city or the_ this chapter: The provisions of Section 29. 2 of the
landowner.serves notice of-intent in any-year not to- Civil Code relating to the filing,indexing,and force
renew thdcontract;_the existing contract shall remain and effect of fictitious mortgages shall be applicable
in effect for the balance of the period rearailiillg 1Ilce -to such fictitious contracts:
the original execution or the last renewal of the
contract;as the case may-be. Within 30 days of the §51249. Within 30 days after a form of contract
expiration of the contract,the county or.city shall is first used,the clerk of the board.or council shall
deliver a notice of expiration to.the Director.of file with the Director-of Conservation a sample.copy.
-
Conservation. - of,each.form of,contract and any and use iestrtctions
(b) No city or county.ahall enter into a new applicable thereto:
contract or.shall renew an.�ex?sung contract on or
after February 28"1977,with respect to-timberland §51251.--The county,city,or landowner may
coned 8 timberland-production. The city-or.:county bring any_action in court necessary to enforce.any
shall.serve-notice.of its intent not to renew the contract,including,but not limited to,an action to
contract as rovided_in this section. - -•-enforce the contract by specific performance or
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order to:meet the min,mum acreage injunction:'An owner of Landmaybnng any action in
_
requirement of an:agncultural roservepursuant to court to enforce a contract onland.whose extenor
Section 5- 230,land rfortnerly-within the agricultural boundary:is within:one mile o :his land: n owner:of
-
reserve which is:zoned as timberland production land under contract may being any`:action in court to
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ursuant to Chapter 6:'� (commencing with.-Section enforce.a contract on`land located unthin the.same
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5.11 Oo) aay betaken into c account: ounty or:c rST.
d Notwithstan: -�an• other provision of law,
commencing with the lien date for the 1977-78 fiscal §51252. Open-space land under a contract
year all timberland within an existing contract which entered into pursuant to this chapter shall be
has been nonrenewed as mandated.by this section enforceably restricted within the meaning and for the
shall be valued according to Section 42'.5 of the purposes of Section 8 of Article of the State
Constitution:and shall be enforced_and admuustered Division 10,2`commencing with Section 10?00 of
( g )
b the=ci or county in suc a,manner.as ao the Public:Resources Cade rov2ded that the board.
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•
accoinplisb the purposes of that article and of his or,council makes all of`the following findings:
•cul nservatio
chapter the ro osed a tural co n
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W. .P -p.. gri ....
easement is consistent with the criteria set forth in
§51253. Any contract or a Bement entered into Section 10251 of the Public Resources Code.
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pursuant to the chapter prior to the 61st dad (b) The proposed agricultural conservation
folloring foal adjournment of the 1969 Regular easement is evaluated pur'suantto the selection _
Session of the Legislature-may be amended to criteria in Section 10252-of the Public Resources
conform.:with the provisions:of this act as amended at Code,and ' articularly.subdivisions-(a),(c),.(e),(f),
that session upon the mutual-agreement.of all parties. and(h),-and the board or council makes a finding that.
Approval of these amendments-to a contract by the the proposed easement will make.a beneficial
•
Director of Conservation shall not be required, contribution to the" .con:servation of agricultural land
in.its area..
51254...Notwithstandin �an -:other provision.of = _(c .The land:: ro. osed to be. laced_under an
§.. g. Y.: .:: P ) p . p . .p
this chapter;the parties.may upon their mutual; agricultural_conservation e_asement is of equal:size or
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agreement rescind a-contract�n_order sunultaneously larger than the land sub'ect to file contract to be
_ -
to,enter.,into.a new:-.contract: ursuant to this chi ter, rescinded;:and is:a ua]1 or more unable for
which new•contract;would.enforceably restrict he- a cultural:use than the: and tib ect to.the:contract
(same property-for.:an uiitial_term.at.least as long as} to be_rescmded. In Betern;;n;ng theuitabilt�T of the
_
_ - -
_::the unex ired'.term-of the contract being so rescinded land for a -cultural use,:the_-ci or coon l hall
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but not less thah 10 ears: Such action. as be taken consider the soil uali and water:a�Tailabiliof the
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notwithstanding the prior serving of a notice of land,add acent land uses,and any agricultural support
nonrenewal relative to the former contract. infrastructure.
(d) The value of the proposed agricultural
§51255. (a)Notwithstanding any other provision conservation easement,as determined pursuant to
of this chapter,theparties may upon thein mutual Section 10260.6f the Public Resources Code.,
agreement rescind a contract in order simultaneously is equal to or greater than 12.5 percent of the
to enter into an open-space easement agreement cancellation valuation of the land subject to the
pursuant to the Open-Space Easement Act of 1974 contract to be rescinded,pursuant to subdivision(a)
(Chapter 6.6-(commencing with Section 51070)), of Section 51283:The easement value and the
provided that the easement is consistent with the cancellation valuation shall be determined 1�dffiin-30
_
willianson Act(this chapter}for the-duration of the: days before the approval_of the cite or county of an
original willianason Act contract. The easement agreement.pursuant to this section.
would.enforceably restrict the same property for an
initial term-of not less-than 10 years and would not be §51256.1. No agreement entered into pursuant
subject to the provisions of Article 4(commencing to Section 51256 shalltake effect until itis approved
uTith-Section 1090)of_Chapter 6.6. This action may by.the Director of Consen1,ation.The director may
y
be taken notwithstanding the pnor serving o a notice Nre- the agreement if he or she-fin, h`_ the
-
_ of nonrenewal,and the land subject to the contract finding_s_.of he boar _o _council,_:as_requir_ed_:b -------
shall be assessedP ursuant to Section 423 of the Sections 51256 acid 5182,are supported bY
Revenue and Taxation Code. substantial eNidence,and that the proposed
- (b} .-This section shall not apply to any agneultural conser�Tation easement is consistent with
agreement entered_nto on or before August 12, 1998. the eligibility criteria$et forth n-Section 102 1 of the
Pu
R d will mak fi ial
c es
ounces_ ode-and. •e a.bene c
-_ 5125.6. Notunthstandn an other:. rovision of -.contribution,to'the conservation of a .cultural land
:.. -
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- this chapter,-a"'ci or coon ,u on etltion by a m.its area. _he c3�rector shall not rove the
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landowner,may enter into an agree ment with he agreementf an agricultural conservation easeneat
landowner to rescind a__-contcactin accordance with- has been: urchased nth funds from the A cultural
P
-the:contract cancellation provisions.of:Section 51282 .Land Stewardship Program-Fund,established _
in-order to-simultaneously place other land within pursuant,to Section 10230:of the Public Resource
that city,the county;or the county Where the contract Code, on-t sante`land proposed to be placed under
is rescinded under an agricultural conservation an agricultural conservation easement pursuant to this
easement;consistent Rath the purposes and,except as section.
provided in subdivision(b),the requirements of the-
A gricultural land St%- ardship Program pursuant to
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§
51256.2.._(a} One.or more cities_or countses may � } At leasfi 90 percent_of the land under the
_ ...
ado t a lan:foram' ement�n the �rovisioris of =: former contract or contracts remains:under the new
1. P PI. _
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- S ectlon.5125 6.with respect to_multiple transactions _ : contract ar contracts. =
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within one ori more_tspecific areas-,and submit thet._ (4} After the lot hne adjustment,the parcels of
4 .,.... .
1.
-;. : _ 1
plan to the director for,his or her approval. The plan . land subject to contract will be large enough to .
T y the austain their-agricultural use,as defined in Section
may be a roe ed onl u on a deternu�aation bl
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director that at�so.consistent with t1.he provisions of 51222.
Section X12$6...-Thereafter:individual transactions {5) T1 .he lot line adjustment would not
.;
_ -.,
a :::: -.
shall be appro�Ted if they are consistent W1 the`'- .. compronZise the long-ferm agricultural producti� ty
. .
appro�Ted plan. of the parcel or other agricultural lands subject to a
:� .
'
Notwithstanding Section-.51256,this section contract or contracts.
Cb) _ .. - _
shall apple only to lands under:contract located in the (6} The lot line adjustment is not likely to result
- -.
Counties of..i.San:.Berna1.rdino and Riverside,within the m the removal of-adjacent la1.nd from agricultural use.
ded .`�interstate:l0`on:the north State:�, - 7; The lot line:ad'ustment does 1.not result in a
area boon y _ _ ._ _ .
_.
Route.71:on the west,State Route 91 on the south; _greater number of developable parcels than existed
- ..�
...
d a hne two.miles:east;of_lnterstate.l5 onahe east, : rior to
_.
the ad ustment,or an ad'casted lot that is
an _P. J J
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nts within that area or within 10 males-:: inconsistent witu the�.�eneral- lan:
and to casements'._ .
• boundaries.77.
nd vvsthin either RiJerside Nothin in this ection shall limit the
of its extenor . -
.:
_ -.
Coup :or San.Bernardino:Cour For the u ose authonty:_of the board or council to enact additional
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._, _`
of this section;easements.locatedwthinahe conditions or restrictions on lot line adjustments. .
. .. _ _ .
1.
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descnbed area:may be related to contract rescissions f c); Only one new contract:may be entered into
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= . . _ _ _
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in either count1�7- 4. - .
y pursuant to this section with respect to a given parcel,
(c The Leglslat-ure.finds:and declares Ghat, nor to Jan T 1;:2003:
. -.. . , . P. �
because of the uiuque factors applicable:only to the {d) In.the year 2002,file department's
: -._ : ..
Chino Basin,a statute of general apphcability cannotvilliam on Act Status Report,prepared pursuant to
be.enacted within the meaning of subdi�Tis. (b)of Section 5.1207,shall include-a review of the
. �.. .�
.
-Section 16 of Article IV of the'Calif6 . - performance I of flus section.
..
I.
Constitution.:'Those unique curcutismnces are that _ ``(e) This section shall remain in effect onl��until
the Chino agricultural preserve is undergoing January,2003 and as of that date is repealed:
transition from.agricultural to-nonagricultural uses - unless a later enacted statute,that is enacted on or
and the affected areas,comprise more than a single. : before January 1,2003,deletes or extends that date.
jurisdiction.. 'Therefore,a lnultijurisdictional -
..
.
approachis`necessary_ Article5. -Cancellation
c
§51257.._(x)To facilitate,a-lot line adjustment; - _§512801. . It is hereby declared that the purpose of
.
pursuant to subdivision�d�of Section 6b12,and` this article is to provde'relief from the provisions of
notwithstanding any other-pro-vision of this chapter, contracts entered into pursuant to this chapter under
the'parties ma mutuall -.:agree to-rescind the_contract . the circumstances".,and conditions provided herein.
: .; .. .• .::.71+ .
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or contracts and-s�.naultaneously-enter into a new: _ _ _ _ _ _.
_. :-
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contract or co_ntracts.pursuant'to this;chapter, _ §51280,1. As used:in this chapter,the finding of
pr-ov�ded that the board€or council fids1. all of the1. aboard or counc1.il that,'Gancell.at7on and a�ternative
.
_
• ,
follow3n - ase will not result in discontiguous patterns of urban
. _ -
(1} The new-contract or contracts would_` - development"-autho-sizes,but d1.oes not require,the
enforceably restrict:the adjusted boundaries of the. _ board or council to cancel a contract if it.finds that
-
P•arcel f or_-an initial term for at least as long as.the.. the alternative use vdU.be rural in character and that
..._ __ _ ._ _
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,. - _ ._.
unexpired term of_the rescinded contract or contracts,. - .
the_alternative-use-will result within the`foreseeable
:_; _ _- _
_-.
but for not less than 10. "ears.:
futur
-a c
..
y ontiguous pattern of development v��tbin
_ _ -
• -
(2} There is no.net.decrease in the:.amount of the _the relevant subregion• Tlie board or council is=not
_, -
_. ,"
acrea`,a restricted. In cases where two parcels : required' find that the alternative use-will be
.g. _ . :_
involved in.a lot Gine ad'ustment-are:both sub•ect to iinnied atel co ..guou:s-to i-ke development. In
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contracts rescinded...
ursuant to_this ection,his rendering its fin:ding,the board or council acts in its
• ....y_,
. .. -..
finding,Gill be satisfied if the aggregate`acreage of - own discretion to evaluaie-the proposed alternative
the land restricted by the neve contracts is at least-as - use according to existing and projected conditions
great as the aggregate acreage restricted by the within its local jurisdiction. The provisions of this
.rescinded contracts. section shall apple only to those proceedings for the
canLellation of contracts which -were initiated
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on 51252.1 an consistent with ahe - c-.For roses Fof ara:.,a h 2 of siubdi vision
pursuant to Secti d, � �
.
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a -cancellation of_a contract:shallbe:in the``ublic
provisions of.Section 9-of Cha ter 1095 of the ( )
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Statutes of 1981,shall apply to the same eI. xtent'as f the4 imerest only.-the.council.or board snakes the
pro-visions of Section 512$2.1,:notwithstand na their folloin�findnQs� 1; that other.� ublic concerns
P � .,. ....-..,.,=)..,-:.-'.,*-'.-'.-''.-.....,..... P:
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repeal. substantially outweigh the objectiv1.es of this chapter•,
and(2)that there is no proXin ate.noncontracted land
_ . .
§51281. A contract may not be canceled-except which-.both`available and suitable for the use ao .
pursuant to a request by the landox�mer, and•as _ u►hich itis proposed the contracted land be put,or
I. .� e _
provided in this article. that de�Telop . -' of the contracted land would
provide more contiguous patterns.of urban
. §51281.1. The bI. oard or council may require the: dei elopment than developmI.ent-of pro*1. ,
payment of a reasonable application fee to be made at noncontract. I Ied land As used in this subdivision
the time a petition for cancellation is filed.. - "proumate,noncontracted land"means land not
.
tra hi h
- r ter,_which
es
-� tri co
._ cted by n -ct pursuant,:to s c ap_
X128...:a The.landowner' 1.may` etitionahe . :,-is sufficlentl ,close o,land which: s so,restricted�that .
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board.or-council for cancellation..of.any,contract as to it can serve as.a practical alternative for the use
all or any part of the subject Iand.--The.1.board or _ ...0s proposed.for the restricted land. As used in -
council ma ant.tentative approval for cancellation this subdivision"suitale"for the- ro� osed use
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of acontract.onl if it makes one:of the-:-"f, llows -means ahat:tlie client features of the ro;osed use. -
. .
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Q •- can be"se e. - lands stricted b �c n' act_ :
findings.
served of re y. o tr
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(1) That the cancellation is consistent with ahe pursuant tQ this cha ter. Such nonrestricted land>may
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I... • .::.
- purposes of-this-chapter,or *, be a svagle parceYor may be a`combination of
•
or discont p
(2) That cancellation is in the.public interest. contiguous guous arceIS'
(b) For purposes of para graph(1) of subdivision (d) 1.For purposes 1.of subdivision(a),the .
(a)cancellation of a contract shall be consistent with uneconomic-character:of an existing aicultural use
.-
the purposes of this chapter only if the 1.board or shall not.by itself be sufficient reason for cancellation
council makes all of the fallo«ging fmdin�s_ of the contracf The uneconomic character of the
.(1) That the cancellation'is for land on which a existing use ma}J be consider 1.ed only i f there is no
notice-of nonrenewal has been served.pursuant to � other reasonable.or comparable agricultural use to
Section X124 . . . xArhich.the land ma��be put: -
{2) That cancellation is not likel}T to result i1.. the . (e) -The landowner'1.s petition shall.be: -
•
removal of adjacent lands from agricultural.use. accompanied by a proposal for a.-specified alternative
. .
-(3) That cancellation is for an alternative use use of heaand -The proposal for the alternative use
which is consistent Reith the applicable provisions of shall list those goverunental ag1.encies known b��the
. -
the city or county general plan. landowner to have permit authorit}1 related to the.
(4) That cancellation will not result-in proposed alternative use,and the provisions and
discontiguous patterns of urban development. . requirements of Section 512$3.4 shall be fully
O That there is no pro mate noncontracted Applicable.hereto. The level-of s ecifici. re erred
1. - -
P t5' q
land which is both available and suitable for the use u2 a proposal:for a specified alternate-use:shall be
-___
to which it isproposed the contracted land e ut, or,
___-------------- .__ -___-----__ --- -=-- - . p---__----_-_ - etem fined by the board or council as_that necessary-- _--__: _-. _
T
that development of the_contracted.land 'uld to permit hI.em to make the findings required: -
:_: -. . .
provide more contiguous patterns of urban --- (f� =In approvinc a cancellation pursuant to this
development than development of proximate section,ahe board or council.shall.not be.required to
noncontracted land.. As used in this subdivision. make any findinjs oI.ther than_-or in addition to those
. ,
roxinnate,noncontracted and"means laud not e pressl�.act forth m this section,:and,where
P. - _
restncted-b-.contract- ursuant to this:ch' ter,•:which., a livable,in`Section 21081 of the Public Resources .
is.sufficiently close to land which is.so restricted that Code. 1. 1. _
-- .:
it can serve-as a:practicd alternative for the use
. -
•
-which is proposed for the restricted`land. As used mi % § .1.811 (a)In the event that a city has.within
�� .- �t
.
this subdivision suitable for the proposed use-- its boundaries on:the effective date of flus section.300
_.
means that the.salient features of-the propose use acres or less of land which are under:contract or an .
: -
P . � - _.
can be served by land not_restricted by contract- application for annexation to a city has been filed
pursuant to this chapter. Such nonrestricted land may with that city and a petition for cancellation has been
be a single parcel or may be a combination of filed with the county within the time period set forth
contiguous or disconti_�uous parcels. in subdivision(c)of Section 51.282.1,which
application,if appro\led, rill result in the cit;v haven' 2
-,,
within its boundaries 300 acres or less of land which a itee index in the name of the coup `T-or city or city
_. : ty
are under contract,the pro��isions and requirements and county. From the date_of recordation,the hen
of subdivisions(e), (f), (g)and(h)of Section 512.52.1 shad h: the force,effect and priorit�T of a judgment
shall not apply,%rithin that city and a petition for lien. The board Or council shall execute and record a`
cancellation of a contract shall be approved-as release of lien if,after a period of 10.years frorn the
otherwise provided in Section 512$2.1. If the date of the recordation of the certificate-of
annexation,if approved; will result in the cit}?hav,ing cancellation of contract;the real property subject to
more than 300 acres of land under contract,the the lien has not been converted to a use other than
provisions and requirements of subdivi*sions (e), (f), agricultural laborer housh g. b the`event the real
(g),and(h)of Section 51282.1 shall apply. property subject to the-lien has been converted to a
(b) The provisions of this section shall not apply use other than agricultural laborer housing;_or[the
to any:contract-which is applicable to land located construction of agricultural laborer housing has not
m ithin the coastal zone as described and delineated in commenced within a period of one year from the date
-
Division 20..(commencing with Section 30000)of.the of recordation of the ce�cate of cancellation of
Public Resources Code. contract,thenthe-lien shall only be released upon
P
dnt hick 'ii
_.
payment of the fees an i. . erest�forw th e. en
§51282.3.-(a)The lando,%mer may petition the has been unposed. Where construction commences
-
board or council,pursuant to Section 512$2;:for after the one-year.p... ahe amount of.the interest:
cancellation:of..any.contract-or of any portion o f.a shall only be for ahatperiod-.from one year:follovving
contract if the board or council has determined that the date ofthe-recordation of the cei cate of
agncultural laborer housing is not a compatible use cancellation of.contract until-the actual
on the-contracted lands.-The petition, and any commencement of construction:
subsequent cancellation based thereon, shall-(1)
particularly.describe the acreage to be subject to §51282.5.The ower of any land which has been
cancellation;.(2)stipulate that the purpose of the zoned as a timberland production pursuant to Section
cancellation is to allovG?the land to be used 51112 or 51113,and that zoning has been recorded as
e_Xclusively for agricultural laborer housing facilities; proNided in Section 51117.-may petition-the board or
(3)demonstrate-that the contracted lands,or portion council forcancellation of any contract as to all or
thereof,for which cancellation.is being sought are part of the land:-,Upon petition,the board or council
reasonably necessary for the-development and siting shall approve the cancellation of the.contract. The
of agricultural laborer housing;and(4)certify.that provisions of Section 5.1283 shallnot apply to any
the contracted lands,or:portion thereof,for which cancellation under this.section,and no cancellation
cancellation is being sougbt;-shall not be converted to fee shall beimposed.
any other alternative use within.the first 10 years -
immediately following the.cancellation. §51283.(a)Prior to any action by the board or
The'petition shall be-deemed.to be a petition for council giving tentative.approval to the cancellation
cancellation for a specified alternative use of the of any contract,the county assessor of the county in
land. The petition.shall be-acted upon by the board. Which the land is located.shall.deterhaine the current
or.:councTl=in the manner_prescnbed:_m Section _ fair market value of_the an as though-it were free of
51283.4. However,the provisions of Section 51283 the contractual restriction. The assessor shallcertify
pertaining to the paym�n�of cancella*dgn fess shall.-- _ -tQ tP b-o nTo„nc1=t caneation valuation:of-- - -
notbe imposed except as provided.in_subdivision(b). the land for the purpose bf determlmng the'-
(b) ..If-the owner of real property is Issued a cancellation fee.
certificate of rcancellation.of contract:based on '
(b) Prior to glum$tentativeapproval to the
subdivision.(a),there shall be:executed.and recorded cancellation of any' the board or council..'
concu2rentl vv�th the recorda
y tion of the certificate of shall determine and ce,.reify to the county auditor the
�..:.
cancellation of:contract, alien in fa��or of the-county, amount of the=cancellation-fee which the an owner
city-or,cityand-county m the amount:of the fees shall pay the county treasurer upon cancellation.
uThich mould otherwise have been imposed pursuant That fee.shall be an amount equal to 12112 percent of
to Section.51283. Those amounts s
:.: bear interest the.cancellation valuation of the property.
at the rate_of-10 percent-per annum .Th
e lien shall c If it finds-that it is in the ublic interest to do
; _ P
particularly describe the real property subject to the so,the board or council may waive any payment or
lien.shall be recorded in the county where the real any portion of a payment by the landowner,or may
property subject to the lien is located, and shall be extend the time for making the payment or a portion
indeed bv,the recorder in the grantor index to the of the payment contingent upon the future use made
name of the oxvner of the.real proper, and in the of the land and its econ0mi.return to the landc)Nvner
..for:a pe10dOf time:not.to exceed the unehpired §51283.4. a. .0 on tentative a roval Of a
enod of.-the`contract,had it not been canceled,`if all petition accom ap ed b a: ro osal fora specified l
P P p , : Y_..:P:p F:_.
of the following occur: alternative use of the land,the clerk of the board or
(1) The cancellation is caused by an involuntary council shall record in the office of the countyT
transfer or change in the use which may be made of recorder of the county in which is located the land as
the_land and the land is not immediately- suitable;nor to which the contract is applicable a'certificate.of
will be immediately used.for a purpose NAlhich tentative cancellation, which shall set forth the name
-produces a greater economic return to the owner. of the landowner re nesting the'_cancellation,the.fact
(2) The board or council has determined that it that a certificate of cancellation of contract will be
is in the best interests.of the program to conserve issued and recorded at the time.that specified
agricultural land use that the payment be either conditions and contingencies are satisfied,a
deferred or,is not required. description of the conditions and contingencies«*hick
:(3) The waiver or extension of:.time is approved must be satisfied, and a legal desenptlon.o f the
by the Secretary of the resources Agenc3, The : property. Conditions to be satisfied shall include
secre shall approve e a waiver or extension of time a went in full of the amount-of the fee co uted
if the secretary finds that the granting-of.the waiver under the provisions of Section..-_5.1283,-together with
or extension oftime by the board or council is a statement that unless the fee.is-paid;or a certificate
-
consistent..with the policies:of.this chapter::and that of cancellation of.contract is issued within one,year _ . .
the board`or council com lied with tills`article.(h from the date.of the recording of the certificate Of..
P
e��aluat�ng a request for a.vc�a2ver-or-extension of tentative cancellation;the fee shall be:recomputed as
time,ahe secretary shall re�aew the findings of the of the date of Ilotice described in subdil�sion_
board or the evidence in the record�of the. �y provisions related to the v�jaiver of the fee or
board-or council,and any.other evidence the portion thereof shall be'treated in the manner
secretary may receive concerning the cancellation, provided for in the certificate of tentative
waiver,-or extension of time. cancellation. -Contingencies to be satisfied shall
(d) The first nine hundred eighty-five thousand include a requirement that the landowner obtain all
dollars($985..000).of revenue paid to the Controller permits necessary to commence the project. Th.-
pursuant
hepursuant to subdivision(e)in the 1992793 fiscal year, board or council may.,at the request of-the
and any other.amount as approved in.the final Budget landowner, amend a tentatively approved specified
_Act for each'-fiscal year thereafter, shall be deposited alternative use if it finds that the amendment is
in the Soil Conservation Fund,which is continued in consistent with the findings made pursuant to
existence. The money in the fund is available,when subdivision (a)of Section 51282.
appropriated b-Y the Legislature,for.the support of :(h) The landowner shall notify the-board or
both'of the folloN'';ing: council when he`.Or she:has satisfied the conditions
(1). The total cost of the farmlands mapping and and contingencies enumerated in the certificate-of
monitoring program of the Department of tentative cancellation. Within 30-days of receipt of.
Conservation pursuant to Section 65570. the notice, and upon a determination that the
(2} The soil conservation program identified in conditions and'Co Cencies have been satisfied, he
Section-614-of the Public Resources Code. board or council shall-execute�a certificate of
(e) When cancellation fees required by this___ cancellation of contract and cause the_same to be _
section are collected., hev.,shall be.transmitted by the recorded,
ci unty'treasurer to the Controller and deposited in f e) If the landowner has been unable to:satisf}j
the General:Fund,except as provided' subdivision the conditions and contingencies enumerated in the
(d). The funds collected by the county treasurer with -certificate of tentative cancellation,the landowner.
respect to each.cancellation of a contract.shall be shall notify the board or council of.the.particular.
transmttedto.the Controller within 30 days of the conditions or contingencies he.or_she is unable to
execution of a certificate:of cancellation of contract satisfy. Within 30 days of-receipt of the notice,and
*-the board or council,'as specified in subdivision upon a determvaatlon that the landoixmer is unable to.
(b)of Section 51293.4. sat sf�7.the conditions:and contingencies listed,the
(f) At is the.intent of the.Legislature that fees. board or.council shall execute.a.certificate of..
paid to cancel A contract do not constitute taxes but withdrawal of tentative approval of a cancellation of
are payments that,when made,proNide a private contract and cause the same to be recorded.
benefit that tends to increase the-value of the However,the landowner shall not be entitled to the
property- refund of any cancellation fee paid.
§51284. No contract may be canceled until after (c) Prior to acting on theproposed cancellation,
the city or.counter has given notice of,and has held,a the board or council shall consider the comments.by
public hearing on the inatter. Notice of the hearing the Director of Conservation,if submitted.
shall be published pursuant to Section 6061 and shall
be mailed to every ovcMer of land under contract, any §51285. The owner of any property located in
portion of which is situated v;rithin one mile of the the county or cite in which the.agricultural presercye
exterior boundary of the land upon which the contract is situated may protest such cancellation to the city or
e canceled. In addition,at least 10 county.conducting the hearing
is proposed-to b .
working days prior to the hearing, a notice of the
hearing and'a copy of the landowners petition shall §51286.(a)Any action or proceeding which,on
be mailed to the Director of Conservation. Within 30 the grounds of alleged noncompliance«lith the
days of the tentative cancellation of the contract,the requirements of this chapter,seeks to attack,review,
cit3�or county.shall publish a notice of its decision, set aside,void,or annul a decision of a board of
including the date,time.and lace of the public. supervisors or cite council to can
P cel a contract.shall
hearia general explanation'of the decision,the be brought pursuant-to 1094:5 of the Code of
ng,
findings made-pursuant to Section 51282,and a Civil Procedure.
general description,in text or by diagram,of he land (b) The action or proceeding shall be
undercontract,as a display advertisement of at least commenced within 180 days from the-date of the.
one-e hth a e In at least:one nevG�s a er of eneral council or board order actzn4 on a eti on for
g, F g
PP P
circulation Rnthi_n the cityor count} :In addition, cancellation filed under this.c. ter
within'30 daysof the tentative cancellation of the '(c) Notwithstanding;subdivision(b),if the
contract,the city or county:shall deliver-a copy of the cancellation relates to proposed electric generation
published notice of the decision,as described above, projects_ that'are located in the southern half of Kern
to the Director of Conservation. The publication County with a capacity of not lens than 701
shall be for informational purposes only,and shall megawatts,but not greater than 800 megawatts,and
create no right,standing, or duty that would for which applications were.accepted as data
otherwise not exist with regard to the cancellation aciequatP by, the Energy Resources and Conservation
proceedings. Development Commission during the month of
January 2000,the action or proceeding shall be
§51284.1. (a)When a landowner petitions a commenced within 30 days from the date that the
board or council for-the.tentative cancellation of a Energy Resources and Conservation Development
contract-and when the board or council accepts the Commission issues its determination on an electric
application as complete pursuant to Section 65943, generation project described in this subdi��ision. This
the board or council hall immediately mail a notice subdivision shall become inoperative.on December
to the Director ofConservation. The notice shall 317 2001.
include all of the.follov dng:-
(1) A copy of the petition. §51287. The city or county may impose a fee
(2) A copy of the contract. pursuant to Chapter.8 (commencing.with.Section
- -(3)--A'general-description._i3:text or by diaLram, -66016)---of-Division-1 of Title 7 for.recovery of costs
of the land that is the subject of the proposed under this article. The.fee shall not exceed an
cancellation. amount necLssa�r to recotVerthereasoLabie cost of
(4) The deadline for submitting comments .sendces provided by the city or county under this
regarding the proposed cancellation. That deadline article.
shall be consistent.with the Permit'Stre g Act
(Chapter 415(commencing with Section-65.920)of Article 6. Eminent Domain or.other Acquisition
Division 1-6f Title ),but in no case less than 30days
prior to the`scheduled action bar the board or council. - §5129-0.(a)It is the policy�of the state to avoid,
The Director of Conservation shall review - ST
whenever practicable,=the.location of an federal,
thero osed cancellation°and-submit-.comments to
P P state,or local public improvements and any
the board or.council by the deadline specified m -improvements of public utilities,andlthe acquisition
paragraph(4)of subdivision(a). Any comments of land therefor,in agricultural preserves.
submitted shall advise the board or council on the (b) Itis further the policy of the state that
fundings required by Section 512 82 with respect to
whenever it is necessary to locate such an
the proposed cancellation. improvement within an amicultural preserve.the
improveme-nt shall.whenever practicable,be I ocateo
upon land other than.land under a contract pursuant and.shall consult xvith.and incorporate the comments
to this chapter. of,the`Secretary of Food and Agriculture on any
(c). It is.further the polis}'of..the state that any other matters related to agricultural operations. The
agency or entity.proposinc to locate such an failure by any person or public agency, other than a
improvement shall,.in considering the relative costs state agency,to compl}T with the requirements of this
of parcels of land and the development of section shall be admissible in evidence in any
improvements,-give consideration to the value to the litigation for the acquisition of that land or involving
public,-as indicated in Article 2(commencing with the allocation of funds or the construction of the
Section.51220);of land, andparticularly prime public improvement. This subdivision does not apply
agricultural land,within an agricultural preserve. to the erection,construction,alteration, or
maintenance of gas,electric,piped subterranean
§51240:5. -As used in this chapter, "public water_or wastewater,or communication unlit},
improvement"_means facilities or,interests in real facilities within.an agricultural preserve if that
.property,including easements;rights-of-way., and preser-�Te was established after the submission of the
interests:in_fee title,ov.11 by.a public agency or location of those facilities to-the city or county for
person;as defined in subdivision(a)of Section review or approval.
51291 (e) when land in an agricultural.preserve is
uir d by a:public entity,the public entity, shall
X1291: a As used ui this section and Sections no the Director of Conservation within.10
:§ C: Y
5 ( ublic agenc means an aTorl�in da�s. Th tic
,1292 and 5.195, i) p .} _ } g }
e no e shall include a ' era
departrnent or agency of the United States or the e�:planation of the decision and the findings made
state,and any county,:city,.school district,or other pursuant to Section 51292. If-different from that
Local public district,agency,or entit}�;and.(2) previously prodded pursuant to subdivision(b),the
"person"means any person authorized to acquire notice shall also include a general.description,in tent
property by eminent domain. or by diagram,of the a,!aricultural preserve land.
acquired and a copy of any applicable contract
(b) Except as provided in Section 51291.5, created under this chapter.
whenever it:appears that,land within an agricultural
preserve`niay be required by a public agency or (d) If,after giving the notice required under
person for a public use,the public agency or person subdivisions(b) and(c)and before the project is
:shall advise the`Director of Conservation and the completed A ithin an agricultural preserve,the public
local governing body_responsible.'for the agency or person proposes any significant change in
administration of the preserve of its intention to the public improvement,it shall giNVe notice of the
consider thelocation of a public improvement within changes to the Director of Conservation and the local
the preserve: In accordance with Section 51290,the governing body responsible for the administration of
notice shall include an explanation of the preliminary the preserve. Within 30 days thereafter,the Director
consideration of Section 5129`2. and give a general of Conservation and the local governing body may
description,in test or by diagram,of the agricultural forward to the public agency or person their
preser�Te land proposed for_acquisition?and a copy of comments with respect to the effect of the change to
_any applicable contract created under this chapter. the public_paprovement on the land within_the
The Director of Conservation.shah forward to the preserve and the compliance of the changed public
Secretary:of Food and Agriculture,a copy of any improvements with this article. Those comments
material received from the public agency or person shall be considered by.the public agency or person;if
:relating--to-the-proposed acquisition. Within 30 days available within the time limits set by this
thereafter.,_the Director of Conservation and the local subdivision.
go�Ternin-2 body.shall forward.to the appropriate (e) Any actZon or proceeding re4-1.. notices
public agency or person concerned their comments or.f ridings required b�T this article filed by the
with respect to the•effect of the location of:the public Director.of Conserv dtion or the local governing bod y
improvement on the land.within the agncultural administering the agricultural preserve shall be
preserve-and those.comments shall be considered by governed by Section 5 1294.
the public agency or person.-In preparing those
comments,the Director of Conservation shall §5129105. The notice requirements of
consider issues related to agricultural land use, subdivision(b) of Section 51291 shall not apply to
including,but not limited to,matters related to the the acquisition of land for the erection,construction,)
effects of the proposal on the conversion of adjacent or alteration of gas, electric,piped subterranean waw
or nearby aaricultural land to nonagricultural uses; or wast,--water, or communication facilitiPS.
(h) All facilities,which are part of.the State
§51292. No public.agency or person shall-locate water Facilities as described in.subdivision(d)of
a public inmpro�Tement within an agricultural preserve Section 12934 of the Water.'Code,ehcept facilities
unless the folio kvM' cr findings are made: - underparagraph.(6) of subdivision(d)of that section.
(a) The location is not based'primarily on a (i) Land upon which condemnation proceedings
consideration of the lower cost of acquiring land in have been commenced prior to October 1, 1965.
an agricultural preserve. I) The`acquisition of a fee interest or
(b) If the land is agricultural-land covered under- conservation easement for a term of at least 10 years,
a contract pursuant to 6-this chapter for any public in_order to restrict the land to agricultural or open
improvement,that there is no other land within or space uses as defined by subdivisions(b)and(o)of
outside the preserve on which it is reasonable Section 5120.1:
feasible to locate the public improvement.
51293.1. Amy ublic aQehe or person
§51293. .Section 512-.92 shall.not apph:to. requ=z land in an a�ncultural preserve fora use
�; '
(a) The location or-construction ofV,crh2ch has been determined by'a-city or eountV to be a
improvements where the board or_council....,_.'. compatible use. pursuant to subdivision(e)of
administering the agricultural preserve approves or Section 51201.in that.agricultural preserve shall not
agrees to the location thereof,except when the be excused from the provisions_of subdivision(b)of
acquiring agency and admYnisterzng.agency are the Section 51291 ifahe,agricultural preserve was
same entity: established before the`loca on of ._e improvement of.
(b)' The acquisition of easements v� thin a a public u_tility.-was submitted to the city,county,or
preserve by the board or eouncil�administering the Public Utilities Commission for agreement or
preserve. approval and that compatible use shah not come
(c) The location or construction of any public within the provisions of Section.51293 unless the
utilit�i.improvement which has been approved by the location of the improvement is approved or agreed to
Public Utilities Commission. pursuant to subdivision(a)of Section 51293 or the
(d) The acquisition of either(1)temporary compatible use is listed in Section 51293.
construction easements for public utiht%?
improvements,or(2) an interest in real property-for §51294. Section 5.1292 shall be enforceable only
underground public utility improvements. This by mandamus proceedings by the local governing
subdivision shall apply only-There the surface of the body administering the agricultural preserve.or the
land subject to the acquisition is returned to the Director of Conservation. However,as applied to
condition-and-use that immediately predated the condemnors whose determination of necessity is not
construction.of the public improvement,_and when conclusive by statute,&y Bence as to the compliance
the construction of the public utility improvement of the condemnor with Section 51292 shall be
veill.not significantly impair agricultural use of the admissible on motion of any of the parties in any
affected contracted parcel or parcels. action otherwise authorized to be brought by the
(e) The location or.construction of the following landowner or-in any action against the landowner.
types of improvements,which are hereby determined
to be compatible v►rith or to enhance land within an §51244.1. After 30 days have elapsed follovcTing
. _
agricultural piese'-c: its actoi,pursuant to sub-I i szon�)0_f Section--- -- -
(1) Flood control���orks,including channel 51291,advising the Director of Conservation and the
rectification and alteration. local governing body of a county or city.
(!).Public works required for fish and wildlife administering an agriculturalpreserve of its intention
enhancement and preservation. to consider the location of a public improvement
(3) Improvements for the primaq benefit of the within such agricultural preserv6,a public agency
lands within the preser,,e. proposing to acquire land within an agricultural
(f) Improvements for which the site or route has preserve for water transmission facilities which urill
been specified by the Legislature in-a manner that extend into more than one county,may file the
makes it impossible to avoid the acquisition of land proposed route of the facilities with each county or
under contract. city administering an agricultural preserve into which
(g) All state highways on routes as described in the facilities will extend and request each county or
Sections 301 to 622..inclusive,of the Streets and city to approve or agree to the location of the
Hiubxvays Code.as those sections read on October 1, facilities or the acquisition of the land therefor. Upon
1965. approval or agreement,the:proN isions of Section
51292 shall not apply to the location of the propo.se-d
water transmission facility or the acquisition of land unless the reraairiing land subject to'contract«dll be
therefor in any county or city which.has approved or adversely.affected by the condemnation,in which
agreed to the location or acquisition, case the vdlue.of that damage shall be computed
without re gard to the contract.
§51294.2. If any local governing body VThen an action to condemn or acquire an interest
administering an agricultural preserve within 90 days that is less than the fee title of an entire parcel or any
after receiving a request pursuant to Section 51294.1 portion thereof of.land.subject to a contract is
has not approved or agreed to the location of water commenced;the_contract shall be deemed null and
transmission facilities as provided in Section 51294.1 void as to that:interest and,for the purpose of
or in.subdivision a of Section 51293,the public establishing
the.value of onl}*that interestC shall be
agency.making such request may file an action deemed never to have existed,unless the remaining
against such local governing body in the superior interests in anY of the land subject to the contract 1AU
court of one of the counties witivn which any such be adversely affected,in which case the value of that
body has failed to approve the location of facilities or. damage shall be computed without;reaard to the
the acquisition of land therefor,to determine whether contract. The land actually taken shall be removed
the public agency proposing the location or from the-contract.I Under.-no circumstances shall land
acquisition has complied with the requirements of be removed-that is not-actuallyT(taken for a.public
Section 5129. If the court should so determine,the improvement, except that.whenonly a portion of the_
proN sions of Section 51292 shall not apply to the land or less than a fee interest in the land is.taken or
location-.of water transmission facilities;-nor the acquired;the contract may be canceled vcdth respect
-
acquisition of land therefor,.in any of the-counties to..the remaining_portion:or.interest upon petition of
into which they shall extend,and no writ of either party.and pursuant to the provisions of Article
mandamus shall be issued in relation thereto pursuant 5 (comnmenciner with Section 51280). For the
to Section 51294..For the purposes of this section, purposes of this section,-a finding by the board or
the county selected for commencing such action is council that no authorized use may be made-of the
the proper county for the trial of such proceedings. land if the contract is continued on the remaining
In deter linin Q whether the public agency has portion or interest in the land may satisfV the
complied vdth the requirements of Section 51292,the requirements of subdiVision(a)of Section 5.1282.
court shall consider the alignment,functioning and If, after acquisition,the acquiring public agency
operation-of the entire transmission facility. determines that it will not for any reason actually
Courts shall give any action brought under the locate on.that land or any part thereof,the public
provisions of this section preference over all other improvement for which the land was acquired,-before
civil actions therein;to the end that such actions shall returning the land to private.,mAmership,the public
be quickly heard and determined. agency shall give.written notice to the Director of
Conservation and the local governing body
§51295. When any action in eminent domain far responsible for the administration of thepreserve,
the condemnation of the fee title of an entire parcel of and the land shall be reenrolled in a new contract or
land subject to a contract is filed, or when that.land is encumbered by an enforceable,deed restriction with
acquired in lieu of eminent domain fora public terms at least as restrictive as those provided by this
-
improvement.
-b public agency or person- or chapter. The duration-of the.restriction shall be
- Thene--er therein auv such-action or-acquisition b�j determinecl-by subtractutg the IenQth of time the
the federal government or any person, land was held by the acquiring public agency or
instrumentality,or agency acting under the authority person from the number of years that remained on the
or power of the federal government,the contract shall original contract at the time.of acquisition.
be deemed null and void as to the land actually.being
condemned,or so acquired as.of-the date the action IS, Article 7. Farmland Security ZODes
filed,and for the purposes of establishing the value of
the land,the-contract shall be deemed never to have
§ 1296. The Legislature finds.and declares that
existed. Upon the termination of the proceeding,the it is desirable to expand options available to
contract shall be null and void for-all land actually landowners for the presenTation of agricultural eland.
taken or acquired. VVhen an action to condemn or It is therefore the intent of the Legislature in enacting
acquire less than all of.a parcel of land subject to a this article to encourage the creation of longer term
contract is commenced,the contract shall be deemed voluntary enforceable restrictions within agricultural
null and void.as to the land actually condemned or preserves.
acquired.and shall be disregarded in the-valuation
process only as to the land actually being taken.
§51296.1. A landowner or group of landowners. not approve a change of organization or
may petition the board to rescind a contract or reorganization that:.«could result in the annexation of
contracts entered into pursuant to this chapter in eland v`Tithin a designated farmland security zone to_.a
order to simultaneously place the land subject to that cit}'. Ho- ever this.s_ubdivision.shall not apply under
contract or those contracts under a nein contract any-of the.e following-circumstances:
designating the property as a farmland security zone. (a) If the farmland securit3'Zone Is located
4 landowner or group of landowners may also within a designated,delineated area that has been
petition the board to create a farmland security zone approued by the voters.as a limit for elsting and
for the purpose of entering into farmland secuiit�, future urban facilities,_utilities, and.services.
zone1 contracts pursuant to this section. (b) If annexation of a*parcel dor a portion of a
(a) Before appro`rincr the rescission 1 of a contract parcel is necessary'for the-theof a public
or contracts entered into pursuant to this chapter in improvement,as defined in.Section 51L9o.5;except
order to simultaneously place the land under a ne«, as provided in subdivision(f)or(g)_of this section.
farmland security zone contract,the board shall (c) If-the landowner consents to the annexation.
create a farmland security zone,pursuant to the:
requirements of Section 51230,vi ithin an existing §51296.4.-Notwithstanding any provision[of the
agricultural preserve. - Cortese-linox Local Government.Reorganisation Act
(b) No land shall be included in a farmland of 1985.-'(Di isib3(commencing With Section
Y
security zone unless expressly requested by the Sb0.00)); a local:a enc ;_formation commission shall
landowner. Any land located vcrithin a city's sphere of not approve a change_of organization or:
influence shall.not be included within_a farmland reorganization that would resulfm`the annexation of,
security zone,unless the creation-of:the farmland and within a de-si� : ited,farmland secure zone to a
_ � ty
security zone within the sphere of influence has been special district at -vides sewers,nonaricultural
expressly approved by resolution by.the.city with water,or streets`and roads;unless the facilities or
jurisdiction w lthsn the sphere of influence. services pro�nded b3 the special distract benefit land
(c) If more than one landowner requests the uses that are allow=ed under the-contract and the
creation of a farmland security zone and the parcels landowner consents.to the change of organization or
are contiauous,the county, shall place those parcels in reorganization.
the same farmland secuntN7 zone.
(d) A contract entered into pursuant to this §51296.5.'-Notwithstanding Article 5
section shall be for an initial term of no Tess than?-0 .(commencing with Section 53090)of Chapter 1 of
years-. Each contract shall provide that on the Division 2 of Title 5,a_school district shall not render
anniversary date of the contract or on another annual inapplicable a county,zoning ordinance to the use of
date as specified by the contract,-a year shall be land by the school district if the land is within a
added automatically to the initial term unless a notice designated farniland security,zone.
of nonrenewal is given pursuant to Section 51245. -
(e) Upon termination of a farmland security §512"96.6. Notwithstanding any other provision
zone contract,the farmland security zone designation of lazy-,a school district.shall not acquire any land
for that parcel shall simultaneously be terminated. that is within a designated farmland security zone.
--- §5129.6. . Both-of-the--following-shall--apply to ----------------§51290:7:-The-:board ahau-mat approve-an -use
.. -- - -- -
land v�dthin a designated farmland security zone: of land«,thin a designated farmland security zone
(a) The land shall be eligible for property tax based on the compatible use proNTisions contained in
valuation pursuant to Section 423.4 of the Revenue subdivision(c)of Section'51,238.1.
and Taxation Code.
(b) Notwithstanding any other provision of laxv, §51296.8. Sections 51296 to-51297.4,inclusive,
any special tax approved by the voters for:urban- shall only apply to land thatis designated on the
related services on or after January 1, 1999,on the Important Farmland Series maps,prepared pursuant
land or any,living improvement shall be levied at a to Section 65570 as predominantly one or more of the
reduced rate unless the tax directly benefits the land following
or the living improvements. (a) Prime farmland.
(b) Farmland of statewide significance.
§51296.3. Notwithstanding any provision of the (c) Unique farmland.
Cortese-Knox Local Government Reorganization Act (d) Farmland of local importance.
of 1985 (Division 3 (.commencing with Section if the proposed farmland security,zone is in an area
56000.):), a local agency formation commission shall that is not designated on the Important Farmland
Series maps,the land shall qualify if it is (2) That no beneficial:public purpose would be
predominantly prime agricultural land;as def ned in served by the continuation o the contract. :
subdivision (c)of Section 51201. (d) .,A finding that no`.authorized use-may be
made of a remnant:contract parcel of five:acres or
§51296.9. Nonrenewal of a farmland security less left by public acquisition pursuant to Section,
zone contract shall be pursuant to Article 3 51295,may be substituted for the finding in
(commencing with Section 51240),except as subdivision(a).
otherx Ise-provided in this article.
§51297.1.-All of the provisions.of Article b
§51297. A petition for cancellation of a (commencing uIith Section 51290)shall appy%to
farmland security zone contract created under this farmland security:zones created pursuant to this
article may be filed only by the landowner vdt.h the article except as specifically provided in this.article.'.
city or county-within which the contracted land is
located. The city or county may grant a petition only §51297.2. No state agency,as defined in Section
in accordance with the procedures provided for in .65934,or local agency= as defined in Section 65930,
Article 5 (commencing with Section 51:2.80)and only shall require any land to b.....e placed under-a farmland
if all the following'requirements are.met: security, zone contract as a condition of the issuance
(a) The city or county shall make both of,the of any entitlement to use Mthe npproyal of a.
Endings specified in paragraphs(1)and.(2)of legislative or adjdicative act�nvolving,but
limited t
subdivision(a)of Section 51282,based on o,`the glannn ;use,or development:of real
substantial evidence in the record. Subdivisions(b) property or a changeof.organization or
to(e),inclusive,of Section 51282 shall apply to the reorganization,as defined in Section:$6021'or 56073.
findings made by the city or county. No contract shall be.executed as..a condition of an
(b) In its.resolution tentatively approving entitlement to use.issued by an agency.of the.United
cancellation of the contract,the city or county shall States government.
find all.of the following:
(1)That no beneficial public purpose would be §51297.3. Sections 51296.3 and 51296.4 shall
sen7ed bT the continuation of the contract. not apply during the three-year period preceding the
(2)That the uneconomic nature of the termination of a farmland security zone-contract.
agricultural use is primarily attributable to .
circurnstances beyond the control of the landowner §51297.4. Nothing 7n Sections 51296.to
and the local government. 1297.4,inclusive, shall be construed to limit the
(3)That the landowner has paid a cancellation authority of a board to rescind a portion.or portions
fee equal to 25 percent of the cancellation valuation of a William on Act contract or contracts for the
calculated in accordance with subdivision(b) of purpose of immediately'enrolling the land in a
Section 51283. farmland.security zone contract so long as the
(c) The Director of Conservation approves the remaining land is retained in a Williamson Act
cancellation.: The director may approve the contract and the.board determines..that its action
cancellation after re`Tiewing the record of the would improve the conservation of agricultural land
_ __ _
tentati�_e cancellatson pro�*ided bis the city=or count-; uTlthul the county %here the rescission,occurs._The
only if he or she finds both of.the following: creation of multiple contracts under thus section does
(1) That there is substantial evidence in the not constitute a subdivision of the land.
record supporting the decision.
Exhibit "D": CPC Public. Hearing Notice
NOTICE OF A
You are hereby notified that on TUESDAY, FEBRUARY 11,2003 at 7:00 p.m. in Room
107, McBrien Administration Building,651 Pine Street, Martinez, California,the.County
Planning Commission will consider text amendment to the County Zoning Code
Ordinance as described as follows:
This is a County initiated proposal (County File # ZT 02-0002) to adopt several text
amendments to the Contra Costa County Zoning Code Ordinance relating to provisions
for the Williamson Act Program (California Land Conservation Act)that would conform
the County Zoning Code Chapters 84-42 and .810-1 to the California Land
Conservation Act of 1965, Government Code, Title 5, Division 1, Chapter 7, Sections
51200-51297.4.
For purposes of compliance with the provisions of the California Environmental Quality
Act (CEQA),.staff has determined that the proposed text amendments to the County
Zoning Ordinance Code relating to provisions for the Williamson Act Program to
conform the Zoning Code to State Law are Categorically Exempt (Class 5 — Minor
Alterations in Land Use).
If you challenge the project_in court,you maybe Jim-ite-dto raising only those-_issues you
or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the County at, or prior to, the public hearing.
For further details, contact the Contra Costa County Community Development Department,
651 Pine Street, Martinez, California, or Patrick Roche at 925-335-1242.
Dennis M. Barry, AICP
Community Development Director
ORDINANCE NO. 2003-12
(MODIFYING COUNTY ORDINANCE CODE CHAPTER 84-42,AGRICULTURAL
PRESERVE DISTRICT (A-4), AND COUNTY ORDINANCE CODE CHAPTER 810-2,
AGRICULTURAL PRESERVES,TO CONFORM TO STATE LAVA
The Board of Supervisors of the County of Contra Costa ordains as follows (omitting the
parenthetical footnotes from the official text of the enacted and amended provision of the County
Ordinance Code):
SECTION I. PURPOSE.This ordinance amends County Ordinance Code Chapter 84-42,
Agricultural Preserve District, and Chapter 810-2, Agricultural Preserves, to conform certain
requirements of said chapters to State Law(California Land Conservation Act of 1965, Title 5,
Division 1, Chapter 7, Sections 51200-51297.4).
SECTION II. Section 84-42.404 of the County Ordinance Code is amended, to amend the
minimum parcel size in subdivision (3), to read:
84-42.404 Uses—Requiring land use permit. In the A-4 district the following
uses are permitted on the issuance of a land use permit:
(1) Related commercial agricultural uses including the erection or modification of
sheds, warehouses, granaries,hullers, dryers, fruit and vegetable packing and buildings for
the storage of agricultural products and equipment;
(2) A stand not exceeding four hundred square feet for the sale of agricultural
products grown on the premises, if the stand is set back at least twenty-five feet from the
front property line:
(3) Residence of the owner, owners, lessee, or lessor of the land on which the use
is conducted. In no event shall any residential structure be permitted to be built or
additional residential structure be erected on less than forty(40) acres per unit for non-
prime agricultural land, or less than ten(10) acres per unit of prime agricultural land.
(4) A home occupation;
(5) Nurseries and greenhouses;
(6) Hog ranches;
(7) Dairying;
(8) Fur farms;
(9) Livestock and feed yards;
(10) Poultry raising;
(11) Commercial fish farming;
(12) Wineries and facilities for processing of all agricultural products produced on
the premises;
(13) Living accommodations for agricultural workers employed on the property of
the owner;
(14) Mushroom houses;
ORDINANCE NO. 2003-12
-1-
(15) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices;
(16) Those uses described in Section 51201(e) of Government Code;
(17) Wind energy conversion systems, except when used only as an accessory to
an allowable residential or agricultural use. (Ords. 2003-12 § 2, 86-61 § 3, 84-24 § 3, 68-
54 § 1 (part), 1968: prior code § 8169(b).)
SECTION III. Section 84-42.602 of the County Ordinance Code is amended, to conform parcel
size requirements to Government Code section 51222, to read:
Section 84-42.602 Parcel size. Unless otherwise permitted in accordance with
Section 84-42.402 (2), no structure permitted in this district shall be placed or erected
upon a parcel smaller than forty(40) acres of non-prime agricultural land, or upon a parcel
smaller than ten(10) acres of prime agricultural land, where the parcel size otherwise
meets the minimum density for the General Plan land use designation. As used in this
chapter,prime agricultural land has the meaning ascribed to it in section 810-2.407. (Gov.
Code, § 51222; Ords. 2003-12, § 3, 68-54 § 1 (part), 1968:prior code § 8169(c).)
SECTION IV. Section 810-2.404 of the County Ordinance Code is amended, to conform its
requirements to Government Code section 51230,to read:
810-2.404 Standards—Minimum acreage. Except as provided in subdivisions
(a) and(b), no agricultural preserve shall be established having less than one hundred
(100) contiguous acres.
(a)Agricultural preserves of less than one hundred(100)contiguous acres maybe
established if the Board finds that an agricultural preserve of less than one hundred (100)
acres is necessary due to the unique characteristics of the agricultural enterprise in that
area and that the establishment of preserves of less than one hundred(100) acres is
consistent with the General Plan.
(b)Agricultural Preserves of thirty-five (35) contiguous acres maybe established
in the areas of the East Contra Costa and Byron-Bethany Irrigation Districts, as previously
established by the Board of Supervisors. (Gov. Code, § 51230; Ords. 2003-12 § 4, 72-58
§ 11, 69-76 § 1 (part), 69-49 § 1 (part), 68-53.)
SECTION V. Section 810-2.406 of the County Ordinance Code is amended, to conform its
requirements to Government Code section 51222, to read:
810-2.406 Standards—Minimum parcel. No parcel of land of less than forty
(40) acres of non-prime agricultural land, or less that ten(10) acres of prime agricultural
land, shall be included in an agricultural preserve. (Gov. Code, § 51222; Ords. 2003-12 §
59 69-76 § 1 (part) 69-49 § 1 (part).)
ORDINANCE NO. 2003-12
-2-
Exhibit "A": Ordinance 2003-12
Agenda Item#4
Community Development Contra Costa County
COUNTY PLANNING COMMISSION
TUESDAY, FEBRUARY 11,2003—7:00 P.M.
COUNTY INITIATED TEXT AMENDMENTS TO MODIFY COUNTY CODE
CHAPTERS 84-42 AND 810-2 RELATING TO THE WILLIAMS ON ACT
PROGRAM TO CONFORM WITH STATE LAW, County File#ZT 02-0002
STAFF REPORT AND RECOMMENDATIONS
I. INTRODUCTION
This is a County initiated proposal to adopt several text amendments to the Contra
Costa County Zoning Code relating to provisions for the Williamson Act Program
to conform the Zoning Code to State Law (California Land Conservation Act of
1965,. Title 5,Division 1, Chapter 7, Sections 51200-51297.4).
II. RECOMMENDATION
Adopt a motion:
A. Finding that the proposed text modifications to the County Code Chapters 84-
42, and 810-2 relating to the County's Williamson Act Program are consistent
with the General Plan.
B. Recommending to the Board of Supervisors that they make a determination
that the proposed action is Categorically Exempt from CEQA (Class 5 —
Minor Alterations in Land Use) and that they adopt the proposed text
modifications to the County Code Chapters 84-42, and 810-2 relating to the
County's Williamson Act Program as described and recommended in this
report.
III. BACKGROUND AND DISCUSSION _
The California Land Conservation Act, better known as the Williamson Act, was
enacted in 1965 to preserve agricultural and open space lands by discouraging
premature and unnecessary conversion of agricultural lands to urban uses. The
Williamson Act creates an arrangement whereby a private landowner voluntarily
restricts their land to agricultural and compatible open space uses under a
minimum 10-year contract with a City or County. In return, the restricted parcels
included within the contract are assessed for property tax purposes at a rate
consistent with their actual use, rather than potential market value. The
Williamson Act Program is administered at the state level.by the Division of Land
Resource Protection, California Department of Conservation.
Page 1 of 7
c
r
A Williamson Act contract (also known as Land Conservation Contract) is a legal
document that obligates the landowner, and any successors of interest, to the
contract's enforceable conditions. The minimum term for a contract is ten years.
A key provision of the Williamson Act contract is that it automatically renews
itself by adding term unless the landowner initiates a notice of nonrenewal. An
Agricultural Preserve defines the boundary of an area within which a city or
county may enter into Williamson Act contract. By statute an Agricultural
Preserve must be no less than 100 acres. However, in order to meet this
requirement two or more parcels may be combined if they are contiguous, or if
they are in common ownership, and may be made up of land in one or more
ownerships. A landowner with less than 100 acres may combine with neighbors to
form an Agricultural Preserve. The cut-rent Williamson Act law presumes that
non-prime agricultural land of at least 40 acres in size and 10 acres in size for
prime agricultural land qualify for Agricultural Preserves. The statute provides for
smaller Agricultural Preserves if a Board of Supervisors or City Council
determines that the unique characteristics of the agricultural enterprise in the area
calls for smaller agricultural units, and if the establishment of the smaller preserve
is consistent with the General Plan.
Contra Costa County has been implementing the Williamson Act Program since
1968 when the Board of Supervisors adopted Ordinance 68-53 which authorized
the creation of the Agricultural Preserves, the establishment of the A-4:
Agricultural Preserve Zoning District, and the provision for Land Conservation
Agreements (Williamson Act contracts) with qualified landowners. At present,
Contra Costa County has 131 Agricultural Preserves, and there are now
approxi.rnately 49,018 acres of agricultural land in the unincorporated area of
Contra Costa County under Williamson Act contracts. 1 Most of the Williamson
Act contracts in Contra Costa County were established in the 1970's and they are
predominantly for agricultural land used.for cattle and livestock grazing. Since the
1980's interest in entering into the County's Williamson Act Program has
lessened with an average of about one contract being established in any given
year. .
When the A-4: Agricultural Preserve Zoning District was originally enacted by
the County, it established a 20-acre minimum for land area to be placed under a
Williamson Act contract. The County's Zoning Code provisions relating to
minirnum parcel size have been determined to be inconsistent with State law by
the California Department of Conservation. This determination was made
following an audit of the County's Williamson Act Program conducted by the
California Department of Finance on behalf of the Department of Conservation.
While the state found the program to be in general compliance with the
Williamson Act, they noted the following provisions of the County Zoning Code
have not been updated with the State law and are therefore inconsistent:
1 Source:Total Reported Enrollment Acres in Yr.2001 as reported by the website for CA Dept.of
Conservation,Division of Land Resource Protection.
Page 2 of 7
• County Ordinance Code, Chapter 84-42, Article 84-42.602, states that the
rni_n. parcel size for land under Williamson Act contract is 20 acres.
The audit noted that the County Ordinance Code does not list a separate
minimum acreage requirement for non-prune and prime agricultural land
even though CA Government Code Section 51222 provides that only non-
prime agricultural land parcels of at least 40 acres shall be presumed large
enough to sustain agricultural use.
• Thelnn* imuin Agricultural Preserve size (100 acres) is not stated in
County Ordinance Code, Chapter 84-42.
IV. PROPOSED ZONING TEXT MODIFICATIONS
The current text in the County Zoning Code establishes a 20-acre minimum for
land to be placed under a Williamson Act contract and it does not differentiate
between prime and non-prime agricultural land. As noted above, an audit of the
County's Williamson Act Program by the State has determined that this approach
is inconsistent with California Government Code Section 51222.2 In order to
respond to the inconsistency and conform the County Zoning Code to State law,
the following text modifications are proposed:
• County Code Chapter 84-42 (A-4: Agricultural Preserve Zoning District)
add new text creating Section 84-42.502, AGRICULTURAL
PRESERVE SIZE, to clarify and define a minimum Agricultural
Preserve Size consistent with California Government Code Section
51230, which would be parallel language to proposed revision under
Section 810-2.404, STANDARDS-MINIMUM ACREAGE; and,
revise Section 84-42.402 (3), USES REQUIRING A PERMIT, and
Section 84-42.602, PARCEL SIZE, to conform with State law by
setting the rrLnimum parcel size at forty (40) acres for non-prune
agricultural land and ten(10) acres for prime agricultural land; and,
- add new text creating Section 84-42.603, PRIME AGRICULTURAL
LAND, to clarify and define the term "prime agricultural land"
consistent with California Government Code Section 51201(c)
See Exhibit"A a redline and strikeout version of County Code Chapter 84-42
(A-4: Agricultural Preserve Zoning District) reflecting these recommended
text modifications, which is attached to this report.
2 The text under Section 51222 in the California Land Conservation Act of 1965 (Williamson Act)
that establishes a minimum parcel size was added to CA Govt. Code in 1984,and subsequently
amended in 1985 and 1990.
Page 3 of 7
• County Code Chapter 810-2-LA Itural Preserves)
- revise Section 810-2.404, STANDARD S-MINDAUM ACREAGE, to
clarify that in accordance with California Government Code Section
51230 there is a minimum acreage size for Agricultural Preserves of at
least one hundred (100) contiguous acres, unless the Board of
Supervisors finds that an Agricultural Preserve of less than 100 acres
is necessary due to unique characteristics of the agricultural enterprise
in that area and that the establishment of a preserve less than 100 acres
is consistent with the General Plan; and,
- revise Section 810-2.406, STANDARDS —MINDAUM PARCEL, to
conform with State law by setting the standard for mu*n*��urn parcel
size at forty (40) acres for non-prime agricultural land and ten (10)
acres for prime agricultural land
See Exhibit"B" a redline and strikeout version of County Code Chapter 810-2
_(Agricultural Preserves) reflecting these reconunended text modifications,
which is attached to this report.
The Contra Costa County Agricultural Advisory Task Force was consulted
about the proposed text modifications for County Zoning Code Ordinance
relating to the Williamson Act Program. Their suggestions have been
incorporated into the recommendation now before the County Planning
Commission. They have endorsed the text modifications.
Attached for the Commission's reference under- Exhibit "C" is California
Goverment Code Sections 51200-51297.4 relating to the Williamson Act
Program. See asterisk in margin to denote California Government Code
Section relevant to proposed zoning text modification.
V. IMPLICATIONS OF PROPOSED ZONING TEXT MODIFICATIONS ON
IMPLEMENTATION OF THE COUNTY CODE
The proposed zoning text modifications could have the following implications in
the implementation of the County Code:
• Agricultural Core - In the area designated as the Agricultural Core under the
County General Plan it would enable landowners with parcels of up to 10
acres to establish an Agricultural Preserve and enter into Williamson Act
contract. At the present time there are approximately 673 parcels within the
11,000 acre -area designated as the Agricultural Core, and, 257 parcels or
nearly 40%, fall within the 10 — 40 acre range. The proposed text
modifications would clarify that, as allowed under State law, a parcel of up to
10 acres can be placed in an Agricultural Preserve if it falls within the
definition of"prime agricultural land", which would now be defined in the
County Code through the proposed text modifications. This change could
Page of
provide a new incentive or opportunity for the smaller landowner within the
Agricultural Core to place their land under a Williamson Act contract
potentially reducing their property tax while retaining the land in agricultural
use. The proposed text modifications are not intended toP rovide for the
subsequent subdivision of existing parcels within the Agricultural Core below
the General Plan policy and Measure C-1990 Ordinance that establishes a 40-
acre minimum for the Agricultural Core. Instead, thero osed text
p p
modifications would support and complement existing General Plan policies
on preserving and protecting the Agricultural Core by enabling a landowner
with a parcel in the 10-40 acre.range an opportunity to enroll their land in the
Williamson Act Program.
• Successor of Interest in Proprty under Williamson Act Contract - As noted
above, most of the agricultural land in the County under Williamson Act
contracts is predominantly in non-prime agricultural land used for cattle and
livestock grazing, and they were established in the early 1970's. In some
cases the land has either been sold off or inherited by heirs in parcel sizes
below the 40-acre minimum under the current State law. Staff is periodically
contacted by a successor of interest in property under a Williamson Act about
the possibility of amending an existing contract or establishing a new contract
for land area below the statute's 40-acre minimurn. Their intent is to establish
a new use or structure that is not provided for within the original contract
(many contracts date back nearly 30 years, and the new use or structure was
not contemplated at the time the contract was created). In these instances we
advise them that State law now establishes a 40-acre minimum for a
Williamson Act contract on land that is non-prime agricultural land even
though the County Code identifies a 20-acre min'murn, and that we must
follow State law when either amending an existing contract or establishing a
new contract. We advise them that they have three options: 1) p rovide
evidence that the land area in question can meet the statutory definition of
"prime agricultural land in seeking an amendment to the contract or in
establishing a new contract; 2) initiate the process for nonrenewal of the
contract resulting in termination in 9-10 years from the date of notice and/or
petitioning the Board for early cancellation of the contract; or, 3) expand the
size of the land area to meet the 40-acre The proposed text
modifications would provide clarity to both the successor- of interest in
property under Williamson Act contract and to staff in addressing proposals to
either amend an existing contract or establish a new contract in situations
where the land area in question falls below the 40-acre minimum.
• Residual A-4 Zoninja District on Property Termed Out — In almost all cases
when property is termed out of a Williamson Act contract, the landowner has
already initiated the process to rezone the property. There are a few rare
instances where the Williamson Act contract has termed out and the property
in question is still under an A-4 Zoning District. Although not directly tied to
the proposed zoning text modifications, staff notes that when a Williamson
Act contract is termed out, the County does not initiate the process to rezone
Page 5 of 7
the property to .a new zoning district. We have advised the landowner that they
are responsible for initiating a rezoning of such property and further advise
them that the County would expect an application for rezoning to another
appropriate agricultural zoning district, consistent with the zoning district for
agricultural properties in the vicinity, where the property falls within an
Agricultural or Open Space land use designation under- the County General
Plan.
VI. C_QA DETERMINATION
For the purposes of compliance with the California Environmental Quality Act
(CEQA), staff has determined that the proposed text amendments to the County
Ordinance Code relating provisions for the Williamson Act Program to conform
the Zoning Code to State Law are Categorically Exempt (Class 5 — Minor
Alterations in Land Use).
VII. GENERAL PLAN GUIDANCE
Agricultural Resource Implementation Measures #8-ba, 8-bb, 8-bc, and 8-bd in
the Conservation Element to the County General Plan, page 8-46 to 8-47, all
relate to supporting, encouraging, and promoting Agricultural ' Preserves
(Williamson Act Program) within the County as a means to maintain land in
agricultural use by lowering property taxes rates for participating fanners and
ranchers. The proposed text modifications to the County Zoning Code relating the
Williamson Act Program are consistent with this guidance under the General
Plan.
VIII. RATIONALE AND FINDINGS FOR PROPOSED ZONING TEXT
MODIFICATIONS
The proposed text amendments to the County Zoning Code relating to provisions
for the Williamson Act Program would confonn the Zoning Code to State Law,
and it responds to the findings from the State's audit of the Williamson Act
Program for Contra.Costa County.
The proposed text modifications to the County Zoning Code relating to the
Williamson Act Program are consistent with this guidance under the General Plan
to support, encourage, and promote Agricultural Preserves (Williamson Act
Program) within the County as a means to maintain land in agricultural use by
lowering property tax rates for participating farmers and ranchers.
Additionally, the proposed zoning text modifications were developed with input
and advice from the Contra Costa County Agricultural Advisory Task Force, and
they support these text modifications.
Page 6 of 7
Attachments(3
Exhibit"A": Redline and Strikeout version of County Code Chapter 84-42 (A-4:
Agricultural Preserve Zoning District)
Exhibit"B": Redline and Strikeout version of County Code Chapter 810-2
(Agricultural Preserves
Exhibit"C": CA Govt. Code Sec. 51200 et. seq. See asterisk in margin to denote CA
Govt. Code Section relevant to proposed text amendments for Zoning
Code Chapters 84-42 and 810-2
G:\Advance Plannin\adv-plan\Ag Preserves\CPC Staff Report 2-11-03 ZT02-0001.doc
Page 7 of 7
Z
CONTRA COSTA COUNTY
AGRICULTURAL PRESERVE DISTRICT
CHAPTER 84-42
SECTION 84-42.202 - AGRICULTURAL PRESERVE DISTRICT. All lands within an
Agricultural Preserve District (Map Symbol A-4) may be used for any of the following
uses, under the following regulations.
SECTION 84-42.204 INTENT AND PURPOSE. This land use district is intended to
provide areas that provide primarily for the commercial production of food and fiber and
other compatible uses consistent with the intent and purpose of the Land Conservation Act
of 1965, and County Ordinance Code Chapters 810-2 4hrough 810-4.
SECTION 84-42.402 - USES PERMITTED
(1) All types of commercial agricultural production including general farming,
horticulture, floriculture, livestock production, aviaries, apiaries, forestry,
and similar agricultural uses, excepting those uses requiring a permit in
SECTION (b) 84-42.404.
(2) Those agricultural and compatible uses specifically agreed upon between the
county and the landowner at the tune of entering into the agreement and
designated in writing within the agreement.
SECTION 84-42.404 - USES REQUIRING A PERMIT. In this district the following uses
are permitted on the issuance of a land use pen-nit.
(1) Related commercial agricultural uses including the erection or modification
of sheds, warehouses, granaries, hullers, dryers, fruit and vegetable packing,
and buildings for the storage of agricultural products and equipment.
(2) A stand not exceeding four hundred (400) square feet for the sale of
___agrcultural__products._grown_on the._premises_, if the stand_is set back_at least
twenty-five (25) feet from the front property line.
(3) Residence of the owner, owners, lessee, or lessor of the land on which the use
is conducted. In no event shall any residential structure be permitted to be built
or additional residential structure be erected on less than�_x'-ont:.* r i fc)rt (40)
acres per unit for non-prime agricultural land.
(4) A home occupation.
(5) Nurseries and greenhouses.
(6) Hog ranches.
(7) Dairying.
(8) Fur fan-ns.
(9) Livestock and feed yards.
(10) Poultry raising.
(11) Commercial fish fanning.
(12) Wineries and facilities for processing of all agricultural products produced
on the premises.
(13) Living accommodations for, agricultural workers employed on the property
of the owner.
(14) Mushroom houses.
(15) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices.
(16) Those uses described in Section 51201(e) of the Government Code.
SECTION 54-42. 02 N. LNIMUM AGRICULTUR.4,L PRIBERNT SIZE. No
A ricu.ltural. Preserve shall. be established ha.-ving less that one hundred 00)
contiguous acres: unless the oaj-d of Su ei-Tisors finds that an. agricultural reser-ye
of less than one hundred. (100) acres is necessary d.ue to the unique characteristics of
the agricultural enterprise in that area and that the establishment of preserves of less
than one l_ d »cd (100
a.cres is cosistent -ith.the General Plate.
SECTION 84-42.602 - PARCEL SIZE. Unless otherwise permitted in accordance with
Section 84-42.402 (2) above, no structure permitted in this district shall be placed or
erected upon a parcel smaller than ..ty–(240) forty 40� acres of nonprime
is h h Ian—d—,-except-those structures described_-in subparagraph(b) (17)above. Fo -
the purposes of this section. structures niay. be permitted. on parcels of at least io
acres in t:he case of prime agricultural land, i-Nrhere the parcel size other'v%lse meets the
minimum density for the General Plan land use designation.
SECTION 84-42.603 -- PRIME AGRICULTURAL LAND. Prime agricultural land
km
means anv of the foilowing. as defined in Section 51201(c) of the Government Code:
a ah land that qualifies for ratin as class I or 11 in the Natural. Resource
Conservation Service land use capability cinssifications; b) a.li land that €lua.lihes for
rating So throuorh 100 in the Storie Index Rating; 0 land. which supports livestock
used for the production of food and fiber and mlich has an annual earr�N;e ma ca acit V
equivalent to at least one animal unit per acre as defined by the United States
Department of Agriculture;.d) land,planted with fruit or nut bearing trees, vines,
bqsh.es_qrSrops -*%,-h.i.ch have a nonbearing ich
_period of less than flve_ye ars and yyh
will norma.11v return during the commercial bearina, period on an annual basis from
the production of unprocessed agricultural production not less than two hundred.
dollars ($2.00) per acre: and, e) land which has returned from the production of
uu processed -al plant Products an anngal gross of not less than. two
hundred dollars (S, 200) per acre for three of the previous five vears.
SECTION 84-42.604 - PARCEL WIDTH. No agricultural pursuit shall be permitted, and
no structure permitted in this district shall be erected or placed on a lot less than three
hundred (3 00) feet in average width.
SECTION 84-42.802 - LOT DEPTH. No agricultural pursuit shall be permitted, nor shall
any structure or use herein permitted be erected, placed, or established on a lot less than
three hundred (3 00) feet deep.
SECTION 8-42.1002 - BUILDING HEIGHT. There shall be no maximum building or
structure height in this district.
SECTION 84-42.1202 - SIDE YARDS. No side yard shall be less than fifty (50) feet in
width; balms, stables, and other buildings or structures used to house livestock, grainfed
rodents, or poultry hall be at least fifty (50) feet from the boundary line of any residential
land use district.
SECTION 84-42.1204 - SETBACK. There shall be a setback (front yard) of at least fifty
(50) feet for any building or structure.
SECTION 84-42.1206 - REAR YARD. There shall be a rear yard of at least twenty-five
(25) feet for any building or structure.
SECTION 84-42.1402 — MODIFIABLE SUB-SECTIONS. Land use permits for the
special uses enumerated in Section 84-42.404 of this section and variance permits to
modify the provisions contained in Sections 84-42.602 through 84-42.1206 may be
granted in accordance with Chapter 82-6.
Advance Planning\adv-p lan\Ag Preserves\Ag Preserve District Chapter 84-42(Ag Task Force 5/02 as revised 2/03).rtf
AGRICULTURAL PRESERVES 810-2.202-810-2.414
810-2.404 Standards—Minimum acreage. In
Chapter 810-2 accordance with Section 51230 of the Government
Code, Nno agricultural preserve shall be established
AGRICULTURAL PRESERVES having less than one hundred 000.) contiguous
acres; unless, the Board of Supervisors finds that an
Article 810-2.2 Establishment agcultural presenre of less than one hundred. (100
Sections: acres is neeessary due to the unix.ue characteristics
810-2.202 Establishment by board of of the agricultural enterprise in.that area and that the
supervisors. establishment of preserves of less than one hundred
Article 810-2.4 Standards (100) acres is consistent with the General Plan.
Sections: Acultural Preseiifes of this-five 35) contiguous
810-2.402 Standards—Compliance acres may be established in the East Contra Costa
required. and R ron-Bethany! Irrigation Districts as
810.2.404 Standards—Minimum acreage. previously established by the Board of Super- lisors.
810-2.406 Standards—Minimum parcel. Inali - '
r
810-2.408 Standards—Parcel defined. x 9A 0St A 14 1`Q 7`
810-2.410 Standards — Land subj ect to -! M _
agreements - ice .
810-2.412 Standards — Land within one (Ord. 72-58 § 19 1972: Ord. 69-76 § 1 (part), 1969:
mile of city. Ord. 69-49 § 1 (part), 1969).
810-2.414 Standards —Land use restriction.
810-2.406 Standards — Minimum parcel. No
Article 810-2.2 parcel of land of less than may- fortv4 .acres
Establishment of non-priine agn cul.Varal. land. shall be included in
an agricultural preserve; but in accordance with
810-2.202 Establishment — By board of Section 51222 of the G��venunent Code the county
supervisors. The board of supervisors may by may, on its own initiative, offer to include a parcel
resolution designate suitable areas of the county as of at least ten (10) acres of prime a.gxicultural. land.
agricultural preserves pursuant to the California Prime agricultural land. as defined under Section
Land Conservation Act (Government Code Section 51201(c. ) under the Govermnen� C(�de.-��f-
51200 ff. as amended) to be devoted to agricultural ' aanfl.
T i�
and compatible uses. (Ord. 69-76 § (1 part), 1969: f-e.se
&A.11 #,j-.LNw -1 �•�
NO LJ
Ord. 69-49 § 1 (part), 1969). E41:391 ini. =. (Ord. 69-76 § 1 (part),
1969: Ord. 69-49 § 1 (part), 1969).
Article 810-2.4 -
Standards 810-2.408 Standards — Parcel defined.
"Parcel" as used in this title means a contiguous
810-2.402 Standards — Compliance required. area of land under common fee ownership. (Ord.
Agricultural preserves shall comply with the 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part),
following uniform standards as set forth in Sections 1969).
810-2.404 through 810-2.414. (Ord. 69-76 § 1
(part), 1969: Ord. 69-49 § 1 (part), 1969). 810-2.410 Standards — Land subject to
agreement. All land in a preserve must also be
subject to a land conservation contract or
agreement. (Ord. 69-76 § 1 (part), 1969: Ord. 69-
49 § 1 (part), 1969).
(Contra Costa County 3-15-74)
Establishment
810-2.412 .Standards – Land within one mile
of city. Land within one mile of any city may be 810-4.202 Establishment–Generaliy. Upon
included in an agricultural preserve and laced authorization b board resolution its chairman may
p Y � Y
under contract, but not if the city files with the local execute for the county,land conservation contracts
agency formation commission a resolution of with the owners of land located within agricultural
protest which the commission upholds in the preserves,pursuant to the California Land
manner provided by Goverment Code Section Conservation Act. (Ord. 69-76 § 1 (part), 1969:
51243.5. (Ord. 73-93 § 1, 1973: Ord. 69-76 § 1 Ord. 69-49 § 1 (part), 1969).
(part), 1969: Ord. 69-49 § 1 (part), 1969).
810-2.414 Standards Land use restriction. 810-4.204 Establishment–Standard form.
Agricultural preserves shall include only land The board,by resolution, shall promulgate a
primarily used for commercial agricultural standard form of land conservation contract, which
production. (Ord. 69-76 § 1 (part), 1969: Ord. 69- may include provisions additional to,but not
49 § 1 (part), 1969). conflicting with those in this chapter. (Ord. 69-76 §
1 (part), 1969: Ord. 69-49 § 1 (part), 1969).
Chapter 810-4
Article 810-4.4
LAND CONSERVATION CONTRACTS Standards
Article 810-4.2 Establishment 810-4.402 Standards–Compliance required.
p q
Sections: Land conservation contracts shall comply with the
810-4.202 Establishment–Generally. following uniform. standards as set forth in Sections
810-4.204 Establishment – Standard 810-4.404 through 810-4.412. (Ord. 69-76 §
form. 1(part), 1969: Ord. 69-49 § 1 (part), 1969).
Article 810-4.4 Standards
Sections: 8104.404 Standards-Term. Contracts shall
810-4.402 Standards–Compliance be for a term of ten years renewable annually in the
required. manner provided in Government Code Section
810-4.404 Standards–Term. 51244. (Ord. 6.9-76 § 1 (part), 1969: Ord. 69-49 §
810-4.406 Standards–Land use 1 (part), 1969).
restriction.
810-4.408 Standards–Noncompliance. 810-4.406 Standards–Land use restriction.
810-4.410 Standards - Cancellation Contracts_shall include landownerprornases to
810-4.412 Standards – Division of restrict the use of the land to those commercial
property into two or more agricultural and compatible uses allowable in an
parcels. agricultural preserve district(as set forth in Chapter
84-42). (Ord. 69-76-§ 1 (part), 1969: Ord. 69-49 §
Article 810-4.6 Applications 1 (part), 1969).
Sections:
810-4.602 Application–Submission 810-4.408 Standards–Noncompliance.
regulations. Contracts shall provide that,if the landowner fails
to comply with the agreement's terms and
Article 810-4.2 conditions so as to render the land or a portion
thereof unfit for further agricultural use, the owner
(Contra Costa Couni� 3-15-74)
shall pay, as liquidated damages to the county, a
sum equal to the equalized assessed value of the
property as established by the county assessor on
the lien date next following the date of breach. This
provision shall not be deemed a waiver of other
legal or equitable remedies for enforcement of the
terms of the contract. (Ord. 69-76 § 1 (part), 1969:
Ord. 69-49 § 1 (part), 1969).
810-4.410 Standards—Cancellation.
Contracts shall provide that they may be cancelled
only by mutual agreement of the owner and county
pursuant to the provisions of Government Code
Sections 51282, 51283(a) and(b), and 51283.3,
provided, however, that under no circumstances
shall the payment of a cancellation fee provided for
therein be waived, deferred, or made subject to any
contingency whatever. (Ord. 69-76 § 1 (part), 1969:
Ord. 69-49 § (part), 1969.
810-4.412 Standards—Division of property
into two or more parcels. Contracts shall provide
that division of property subject to agreement into
two or more parcels may be construed by the county
as a notice of nonrenewal by the property owner
upon a finding by the board of supervisors that the
effect of the division is detrimental to the ultimate
preservation of the property for exclusive
agricultural use. (Ord. 69-76 § 1 (part), 1969: Ord.
69-49 § 1 (part), 1969).
Article 810-4.6
Applications
810-4.602 Application—Submission
regulations. The board,by resolution, shall
promulgate rules and procedures for submitting
applications for land conservation contracts and for
review of the applications by appropriate county
agencies. (Ord. 69-76 § 1 (part), 1969: Ord. 69-49
§ 1 (part), 1969).
G AAdvance Planning\adv-plan\Ag Preserves\AGRICULTURAL
PRESERVES.doc
(Contra Costa County 3-15-74)
EXI11Ult "C": CA Govt. Code Sec. 51200 et. seq. See asterisk in
margin to denote CA Govt. Code Section relevant
to proposed text amendments for Zoning Code
Chapters 84-42 and 810-2
a
ornia La nd _onservan. A� QU1965
Will HaM84n ,' ct
AS AMENDED 1/1/2001
Article 1. general Pro -isions open-space use of land within the presenTe arzd
subject to contract. "Compatible use"includes
§51200. This chapter shall be lino��Tn as the agricultural.use,recreational use or open-space use
California Land Conservation Act of 1965 or as the unless the board-or.-council finds after notice and
Vi iilliamson Act. hearing that the use is not compatible with the
a Mcultural.-recreational or open-space use to which
§ 1201. As used in this chapter,unless the land.is restricted by contract pursuant to this
otherwise apparent. = from he contest: cha ter.
P ...
(a) :''Agricultural-commodity"means any and all : O "Board"means..the board of supervisors of a
plant..
lant and animal products produced in.this state for county which establishes-or proposes toestablish an
_ - - hih
Comiuerc�al-purposes.
a cultural reserve or w c enters or proposes to
P P P_
A 'cultural use means use.of land for the enter into a contract 6n land-withi.n an agricultural
ose of roducin�an a�cultural commodity for reserve pursuant to this chapter.
-Perp P '
commercial purp.oses. : our
council of a cit�T
„ ,� _ _ , , c means a-city. ,
(c) Prune agricultural land means anv of the which establishes or proposes to,estabhsh an
followi_na: agricultural preserve or�Yhich enters or:proposes to
(1) All land that qualifies for rating as class I or enter into a contract on land within an agricultural
class II in the Natural Resource Conservation Ser"vice preserve pursuant to this chapter.
land uses capability classifications. .. (h) Except where it is otherwise apparent from
(2) Land which qualifies for rating 80 through the context, 11count, or llcity--Ifmeans the county or
loo in the Storie Index Rating. city having jurisdiction over the land.
(3) Land v ibich supports livestock used for the (i:) A"scenic highway com.dor"is an area
production of food and fiber and which has an annual adjacent.to,and within view of,the right-of-way of:
carrying capacity equivalent to at least one animal (1) An existing or proposed state scenic
unit per acre as defined by.the United States highviay in the state scenic highway system
Department of Agriculture. established by the Legislature pursuant to Article 11.5
(4) Land planted with fruit-or nut-bearing trees: (cornrnencing:with Section 260)of Chapter 2 of
vines,bushes or crops which have a nonbearing Division 1 of the Streets and Highways Code and
period of less than five years andWhich will normal1v which has been officially,designated by the
return during the commercial bearing period on an Department of Transportation as-an official state
annual basis froID-the production-of unprocessed scenic highway;or
agricultural plant production not less than two (2) A county scenic highway.established
---hundred-dollars-($200.)per-acre.---::_--_-------_-_- ---__:_- --_ - _-- _ pursuant to Article 2.5 (commencin with Section
(�) ''f 0)of Chapter 2 of Division 1 of the Streets and
Land which has returned_morn the
production of unprocessed agricultural plant products Highways Code.if each of the folloNkm* g conditions
an annual gross valueof not less than two hundred have been met:
dollars($?Oo)per acre for three-of the-previous five (A) The scenic highway is included in an
ears.
y adopted general,plan of ah our or ci ty;and
-_
.(B) The cenic highway comdor is:u3cluded ui
(d} :Agncultura�:;preserve: means an area.
devoted to either ancultural use,as defined:in an adopted specific plan of the count�j or city;and
p p P
efined m tC} Specific ro` osals` or un lementma the
subdi�us1on(b),recreatsonal_use�as d _ -
subdivision(n),or:open space use as defined in plate lncludmg regulation-6-fland use,.have:been
S11bd1vnS10Il(o),.or any combination Of those uses and apprOVed bT the Advisory:.Committee on a Master
which is established in accordance v�ith the Plan for Scenic Hi hwa.s,and the coon or-city
g. Y tY tS'
provisions-of this-chapter. highway has been officially designated by the
(e) "Compatible use"is any use determined by Department of Transportation as an official county
the county or cite administering the preserve pursuant scenic highway.
to Section 51131,512 3 8,or 512 3 8.1 or by this act to
be compatible with the agricultural.recreational, or
�1) =
A" ldhfe habitat area is a land
vGor water appeal the:coun board ursuant to Section 1E04:
area desi ated b aboard:or council,:after of the Revenue and:Taxation Code.
S,._
consulting wGth and considering the recommendation
of the Department of Fish and Game, as an area of 51:.05. Not�c�lthstanding any provisions of this
-great importance-for the protection or enhancement chapter to the contrary,-land devoted to recreational
of the wildlife resources of the state. use or land.within a:scenic highw*ay corridor,a
(k) A saltpond"is an area which,for at least wildlife habitat area, a saltpond, a managed xvetland
three consecutive years imm diately prior to being Q y e r
aria;or a subm�red area nig b,:included«ithin an
placed within an am(cultural preserve pursuant to this agricultural preserve pursuant.to this chapter..
chapter,has been used for the solar evaporation of When such land is included within an agricultural
seawater in the course of salt production for preserve,the city or county v rithin which it is situated
commercial purposes. may contract with the owner for the purpose of
(1) A...managed wetland area"is an area,which restricting the land to recreational or open.space use
In be.an area diked off from the ocean or:.any bay, and uses compatible therewith in the same manner as
river.or stream to:vVhich water is occasionally prodded in this chapter,for land devoted to
admitted.,.and which,for-at least-three consecutive agricultural use...;For-purposes of this ection,where
years immediately prior to being placed withni an the term"agricultural land"is used in this chapter,it
a cultural reserve pursuant to this chapter was shall be deemed to include land devoted to
� F P p .
used:and:malntamed.as ;:waterfowl.hunt�n reser�Te recreational use.and land within a scenic hi'-hwa'..
g. }
or game refuge or for agricultural
oses corridor,a wildlife habitat area, a saltpond,:a
pur .: -
.(m)A-"submerged area"is any land determined_ managed wetland area,or a sibrner'ed area,.and
-:
g:
:by the board or council:to.be submerged or subject to where the-terra"agricultural use is used in'this
tidal action and;found bar the board or council to be of chapter.it shall be deemed to include recreational and
great value to the state as open space. open space use.
(n) "Recreational use"is the use of land in its
agricultural or natural state bNT the.public, with or §51205.1. Notwithstanding any provisions of
without charge,for any of the following: walking, this chapter to the contrary,land within a scenic-
hiking,
cenichiking,picnicking,camping. sw g,.boating, highwa-%corridor,as defined in subdivision Vii)of
fishing,hunting,or other outdoor games or sports for Section 512.01,shall,upon the request of-the owner,
which facilities are provided for public participation. be included in an agricultural preser4Te pursuant to
Any.fee charged for the recreational use of land as this chapter.«Then such'aand is included within an
defined in this subdivision shall be in a`reasonable agricultural preserve,the city..or county within which
amount and shall not have the effect-of unduly it is situated`shall contract R�itb the owner for the
limiting its use by the pubhc. Any ancillary purpose of.restnctiu er the:land'to 4966ult6ral use as
structures necessary for a recreational use shall defined in subdivision(b),recreational use as defined
comply with the provisions of Section 51238.1. in subd' 'ision(n),open-space use as defined in
(o)- "Open-space-use"'.is the use or maintenance subdivision(o),compatible use as defined in
of land m a:manner that preserves its natural subdiv=ision(e),or any combination of-such uses.
characteristics beauty-,�or openness for.the benefit
- and_en'oyment_of the public ao pro��ide_essential ___-- _- ---- §�1 0 . The Department�of Conservation m4 -
J — - -- - -
habitat for wildlife, or for the:solar evaporation of meet N*xdth and assist local.regional,state;and federal
seawater in the course of salt production-for agencies,organizations,landov vers,or any other
commercial:purposes,if the-land is within: - person or entity in the interpretation of this chapter.
_
(1).A scenic highway corridor-,as-defined.in The department may research,:publish,and
ubdivsion i .__: di '
ssenainate information regarding the:policies,
- (2 A w ldlifehabitat area,as defined in- oses rocedures adninistration,_:an_d-
subdrvis-.ion:.v):( : un
_p o f this chapterTh
s sect-on shall be
_
_
3 A s on ;as.. e .e m-su vision 1�berall constraed to: ernut the de artment to advise
-
fiP - �. P p
_g P
(4) A maria ed.wetland area,as defined wa an in erson or.entity regarding this:-chapter:
subdivision
}
A. ubmered area,as defined in subdivision 51207. a on or before May 1 of.eve other
-
._(5). g _
:(m)�
year beginning in`1995,the Department of
§51243. The current fair market valuations Conservation shall report to the Legislature regarding
referred to in Section 512.83,upon the request of the implementation of this.chapter by cities and
either of the parties to the contract, shall be subject to counties.
:The re ort ahaLl contain,but not be limited which requires includ in anion agricultural' u es the
P
to,the number of acres of Land under contract in each housing of agricultural laborers;and that suchuse o
cute o and=the number.of acres of land which were agricultural land is in the -ublic interest and in
g nY
removed from contract through``cancellation,eminent conformity with the state's Farmworker Housing
domain,annexation or nonrenewal. Assistance Plan.
(c) The rep all also contain the following (c) That the discouragement of premature and
specific information relating to not less than one-third unnecessary conversion of agricultural land to urban
of all=cities and counfies artici titin in the uses is a matter of public interest and will be of
- P P g
Williamson Act program- benefit to urban dwellers themselves in that it will
(1) The number-of contract cancellation_:. discourage discontiguous urban development patterns
requests for which notices of hearings were to which unnecessarily increase the costs of community
the Director of Conservation pursuant to Section services to community residents.
-
.51254.which were approved by boards.or councils (d) That in a rapidly urbanizing society
durina"the prior awo-years:or for which approval is agricultural lands have a definite public value as open
- stillendmg.by boards or councils:_ space,and the preservation in agricultural production
(2) The amount of cancellation fees payable to; of such lands,the use of which maybe limited under
t11e county treasurer._ �deferred-taxes and which are the provisions of this chapter, constitutes an
required to be transmitted to the Controller pursuant important physical,social,esthetic and economic
to subdivision(d)of Section 51.283_which have not asset to existing or pending urban or metropolitan
- -
beeIl:collected or which-regi ain_unpaid: = developments.44 :
O .3 The total number:of acr
es.covered b e That land within a:scenic�hi hwa corridor
certificates of can cellat2on of contracts during he or wildlife habitat area as defined in this chapter as
previous two years: J a value to the state because of-its-scenic beauty and
(4) The number of nonrenewal and withdraRTal its location ad1 acent to or vcTithin Griew of a state
of renewal notices received pursuant to Section scenic highway or because it is of great importance as
51245 and the number of expiration notices received habitat for wildlife and contributes to the preservation
pursuant to Section 51246 during the previous two or enhancement thereof.
ears. .
y - - � - - _ . (h) For these reasons.this chapter is necessary
(5) 'The number of acres covered by nonrenewal for the promotion of the general Nvelfare and the
notices that were not withdrax7m and expiration protection of the public interest in agricultural land.
notices during-the previous two.years.
(d) The department may recommend changes to - § 1220.5. The Legislature finds and declares
this.chapter which:would further promote its that agricultural operations.are-ofteD-hinderea or:
.. . . -
purposes. impaired by uses which increase the density of the,
(e)--The Legislature-may,upon request of the permanent or temporary human population of the
department;=appropriate funds from the-deferred taxes agricultural area. For this reason; cities and counties
deposited in the General Fund.pursuant to shall determine the types of uses to be deemed
subdivision..(d)of Section 51283 m' .an amount "compatible uses"-in a manner which recognizes;that
sufficient idprepare.the-report required by this a permanent or temporary.population increase often
section. _. hinders or impairs agricultural operations.
Article 2. Declaration §;1221. The Legislature further declares that the
expenditure of public funds under the provisions-of
-§51220. The;Legislature finds: this chapter is in the public interest and.is necessary
(a), That.the_preservation._of amaxmum amount -to the accomplishment ofahe purposes herein set
of the limited supply of a cultural land.is necessary. for
to the conservatlon:of the state's economic resources; -
:; and is recess
ary,not only ao the maintenance of the §51222.= The Legislature:further declares that it
a cultural econom of the state,but:also for the ism the public interest for_local officials:and
:. y -
assurance of adequate,_healthful and nutritious food landowners to retain agricultural lands::which are
for.f6fure residents:of this state and nation. subj ect to contracts entered into pursuant to this act in
_.
(li) -That the agricultural work--force isvital to parcels large enough to sustain agricultural uses
sustaining agricultural productivity;that this work permitted under the contracts. For purposes of this
force has the lowest average income of any section,agricultural land shall be presumed to be in
occupational group in this state;that there exists a parcels large enough to sustain their agricultural use
need to house this work force of risis proportions if the land is !i at least 10 acres it size in the case of
prom agricultural land,:or(2 at least 0 acres an size (1) The:parcel to be transferred is at least 10
,,
in the,case of Iand;which is not nme a cultural acres m ize:in ahe case of: rime a 'cultural and or
- land.
At
which
Teas -size in the case of landis
: -t 4��acres
not prime agricultural land,and otherwise meets the
Article 2.5. Agricultural TreserTes requirements of Section 512 22.
- e transferred h
(2).The parcel to b erred conforms to e
§51230. Be mi dng January 1 1971,any county applicable local zoning and land division ordinances
or city havmcr a general plan, and-until 31 and any applicable local coastal projram certified
1970,any county_or c 37,by resolution,-and after a pursuant to Chapter 6.(commencinQ with Section
public hearing may establish an agricultural preserve. 30500)of Division.20 of the Public Resources Code.
Notice of the-hearing shall be published-pursuant-to - (3) The parcel to be transferred complies with
Section 6061, and shall include a{IeQal description, or all applicablerequirements relatincr to agricultural
the assessor'-.s parcel number, of the land which is - income and permanent agricultural improvements
proposed to be included within'the preserve. The which are imposedby-the county or city as a
reserves shall-be established for fine ose:of condition of a contract executed pursuant to Article 3
urp
defuung th-boundanes:of those areas within which- (commencing with Section 51240)covering the land
the cit- or county will be willing to enter into` of which the parcel to be:transferred is a portion. For
contracts ursuant to this act. Ana 'cultural purposes of this` ara a h,if the contracted land
P PrP
es _ ahead co Lies with:these requirements,,the ortion
pr :erve_shall consist o no ess an .0 acres;. Y .: mP _ P
provided, hat in order to meet this requirement two: of that and to be ransferred shall be deemed to
_ or more parcels maybe:combined if they-are comply with hese requirements.
contiguous"or ff_the, are in coIi=on ownand ershi ;
. -- y _ -_ p (4) -_There exists-a mrr-itten agreement between
further pro`�ided,that m order to sleet this the IMMediate family members who are parties to the
requirement land zoned as timberland production proposed transfer that the l and which is subject to a
pursuant to Chapter 6.7(comrnencinc with Section contract executed pursuant to Article 3(commencing
51100)may be taken into account. witb Section 51240)and the portion of that land
A county or city-may establish agricultural presents which Is to be transferred will be operated under the
of less than-100 acres-if it finds that smaller preserves joint management of the parties subject to the term
are necessary due to.the unique characteristics of the and conditions and for the duration of the-contract
a -icultural enterprises in the area and that theexecuted pursuant to Article 3 (commencing«Titb
establishment of preserves of:less than 100 acres is Section 512.40).
consistent-Vi•Tth the general.plan of the county or city. (b) .A transfer of ownership described in
' ;' -• � T T
Ali agriculturalTreserve may contain land`:other than subdi��sion(a)shall ha`e no effect on any contract
ag is iltural land,-but the use of any land:within the executed pursuant to Article 3 (commencing with
preserve and not under contract shall.within two Section 51.1.40)covering the land of which a portion
years of the effective-date of any contract on land was the subject of that transfer.The,portion so
within the preserve be restricted by zoning,including transferred shall remain subject to that contract.
appropriate minimum parcel sizes that are ata (c} For purposes of this section,"immediate
minimum consistent-with-this`thapter-in such-a way family"means the spouse of the landowner,the
as not to be_incompatible with__the agricultural use of natural or adopted ch Idren of the landov mer,the
the land,the use of which is limited by contract in parents of the landowner;or the siblings of the
accordance with this:chapter. landowner.
Failure on-the part of the board or:council to,restrict
the-use of land Rnthi_n-a preserve-but not subiect-to _ §51230.2.{a}Except as provided in Section
contract shall not be sufficient_reason to cancdl or 51238,and notwithstanding".Section 51222 or...
.,otnerwiseanvalidate a contract. 66474.4 .a Iandownerma�subdivide-land that is
currently es paced as an agnc tural preserveif aU
P
FP 3
§51230.1:(a)Nothing:contained m this cha ter of the folioWn. a l:-.
shall:prevent the aansfer of 0,"m. ts4lp frOrn-one.... (1} The parcel to be gold:or leased is no more
immediate famil member to another-.of a portio of than five_acres. -
Y
.land which is currently designated as an-agricultural -_(2 'he_pucel shall:be-sold or leased to a
preserve in accordance with the provisions of this nonprofit organization,a city,a count,a housing
chapter,if all of the following conditions are- authority, or a.state agency. A lessee that.is a
satisfied: nonprofit organization shall not sublease that parcel
without the written convent of the landowner.
P
(3) The arcel to be sold or leased shall be preserve,notice of the proposed alteration or
subject to a deed restriction that limits he use of he _ disestabli_§ t and_the:date of:the heai7n - hall be
parcel to agricultural laborer housuig facilities for not furnishedby he:board or council to the owner of the
-
less than 30 years. That deed restriction shall also i -by.'C' ertifi6d mail directed to him at his latest
require that parcel to be merged with the parcel from address known to the board-or council. Such notice
which it was subdivided when the parcel ceases to be . shall__also be published pursuant to Section 0061 and
used for agri cultural.laborer housing. shall-be furnished by first class mail to each owner-of
(4) There is a written agreement between the- land under contract,any.portion of which is situated
parties to the sale or lease and their successors to -within one rule of the exterior boundary of the land
operate the parcel to be sold-or leased under joint .to be removed.from the preserve.
management of the parties,subJect to the term and
conditions and for the duration of the contract §51233. when a coUIlty proposes to establish,
executed pursuant to Article 3.(commencing with disestablish,or alter the boundary of an agricultural
Section 51240). preserveithallg-lave i written notice at least two
- s
-(5): parcel to be sold.or leased is A within_ weeks before;the hearing`to the local:agency
a city.or(B)'mr ail unincorp orated'territory_or' phere formation=commission and to-eve cit
withi_n the
of influence.that is contiguous to one or more parcels county within one me`of the exterior boundaries of
that arealready:zoned-residential, commercial,or the preserve.
industnal,and developed with existing residential,
commercial,-or industrial uses. §51234. any pro osal to establish an
_
-
(b) The agncultUral labor housing project shall agriddt ral preserve hall be submitted-to-the
be designed to abate, o the extent -racd:able,-
-
t p planning department of the county or city haying
impacts on adjacent landowners'agricultural jurisdiction over`the land: If the county or.city has no
husbandry radices. The final Ian for the housing
planning de artment p
. P P P p ,a pro osal to establish an
shall include an addendum that'explai.ns vlhat agricultural preserve shall be submitted to the
features will be included to meet this goal. planning commission. 'Within 30 days after receiving
(0 A subdivision of land pursuant to this such'a proposal,the planning department or planning
section shall not affect any contract executed commission shall_submit a report thereon to the board
pursuant to Article 3 (commencing with Section or council. However,the board or-council may
512-40). The parcel to be sold or leased shall remain extend the time allowe'd-for an additional period not
subject to that contract. to exceed 30 days. The reportshall include a
statement that.-the-,preserve:is consistent with,the
§51231. For the purposes of this chapter,the general plan, and the board or council shall make a
board or council,by resolution,shall adopt'rs finding to that effect. Final action upon the
governing the administration of agricultural establishmeiit of an*agriculturalpreserve may not be
presences,including procedures for initiating,filing, taken by the board or council until the report required
and processing requests to establish agricultural by this section is received from the planning
preserves. Rules related to compatsble'uses shall:be department or.,Planning commissioni or until the
consistent with the provisions of Section 51238.1. required 30 days have elapsed and any-extension
Those_rules hall be.a pplied_uniformly thro�ghout_the ___- thereof granted by the board or council ha _elapsed .
preserve. -
The board or council may require the
payment of a reasonable application fee. The same §51235. An agricultural preserve shall continue
procedure that is required to-establish an agricultural -in full effect-following- -on,detachment,
preserve shall be-used to disestablish-or to enlarge or. incorporation or dismcorporation of land within the
diminish the size of an agricultural preserve: In preserve. :Ay city or county ac uirin •urisdiction:
adopting rt�les:related to co npattble uses;the board over and n.a_preserve b annexations detachment
or council inn enumerate those uses,,,Mblgdin� m9p -
�': _ ration shall have all the
:: a ti'`0
ora n r mcorp
agncu7tural laborer housing whldh are to be rights-
-:and responsibilities-s`ecified in`this act for
P.
S
-
considete to a compatible.''uses.on contracted lands cities or counties including`the right ao_enlarge,
separately'from those uses which'are to be considered di�ainish or.disestablish an agricultural preserve
to be-compatible uses on lands not under contract
within its 1unsdiction.
within the agricultural preserve. _
§51236. The effect of removal of land under
§5123?. In the evert any proposal to contract from an agricultural preserve shall be the
disestablish or to alter the boundary of an agricultural equivalent of notice of nonrene«Tal.by the cine or
presen,e Till remove land under contract from such a countNT removing the land from tine agricultural
preserve and such city or county shall;at least'60 �nei hboring lands,mcludma activltles such as
days riot to the next renewal date followm the harvesti Q rocessin'` •
y p. g :b�P: 9,orslupping. {
removal,Serve a notice of nonrenewal as-provided in (3}: The.:use willC-not result in.the`si. cant
,.
Section 51245. Such notice of nonrenewal shall be removal of-adjacent contracted land from agricultural
recorded as proNrlded in Section 511A8. or open-space use. In evaluating compatibility,a
board or councrl shah consider the impacts on
§51237. whenever an,agricultural preserve is noncontracted lands in the agricultural preserve or
established,and so long as it shall be iii effect, a mappreserves.
of such agricultural preserve'and the resolution under f A boardor council may.include in its
.
which the preserve was established.shall be filed.and . compatible use.rules or ordinance conditional:uses
kept current by the city or county with the county which,-without-conditions or mitigation's,'would not
recorder. be in compliance.with this section. These conditional
uses.shall conform to the.principles of-compatibility
§ 1237.5. On or before the first-day-of - set:forth_in subdivision(a}or for nonprime lands
September of each year,each city.or county in which only,satisT the requirements:of_subdi rision{c):
any agricultural preserve is located shall file with the _(c)- -ln applying the criteria pursuant to
Director of Conservation a map of each.city or subdivision(a),the board'or council may approve a
county and designate thereon all agricultural use on nonprune land which,because(of onsite or
i.:
p g -offsite unpaGts;.vvould:Rot be m coni gree..with
reserves m:existence at the end of.the precedu�
fiscal year.. paragraphs 1 an
y p gr p O d(2)of subdN ision(a},provided
- - _
- the _ ns appro�ed pursuant to a conditional use,
- , . _ , . use. .: .
§SL38.(a)(1)Notwithstanding any determination permit that`shall set forth`findings;`based`on
of compatible uses by the county or cite pursuant to substantial evidence intrecord,demonstrating the
this article;unless the board or council after notice following:
and hearing makes a f i diha to the contrary,the (1) Conditions have-been required for,or'-
erection.,
r_erection,construction, alteration. or maintenance of incorporated into,the use that mitigate or avoid those
gas, electric,v,Tater,communication. or agricultural onsite and offsite impacts so as to.make the use
laborer housing facilities are hereby determined to be consistent with the principles set forth in paragraphs
compatible-uses xArithin any agricultural preserve. (1)and(2)of subdivision(a)to the greatest extent
(2) Noland occupied by gas, electric,eater, possible while maintaining the purpose of the use.
communication,or agricultural laborer housing (?) The productive capablityT of the subject land
facilities shall be excluded from an agricultural has been.considered as well as the extent to which the
preserve by.reason''of that use. use may displace or impair agricultural operations.
(b) The board of supervisors may impose (3) The use is consistent with'thepurposesof
conditions-on lands or land uses to be placed within this-chapter to preserve agricultural and open-space
preserves to permit and encourage compatible uses in land or supports thecontinuation of agricultural_ uses,
conformity with Section 51238.1,particularly public as defined in Section 51205,or the use or
outdoor recreational uses. .conservation of natural,resources;-on the subject
parcel or on other.parcels in theagricultural preserve.
-----
Uses a roved on contracted lands '
- --Pp -- The use of mineral resources-shall -__ - ----
:shall be consistent with all of the following principles Section 51238.2.
of compatibility: (4) The use does not include a residential
0) 'The use will not significantly compromise- subdivision. For the purposes of this section,a board
the long-terra productive agricultural capability of the or council may-define non el,land as land not
subject contracted parcel or.pareels or on_other defined as_prime-agricultural gland ursuant to--
contracted lands-in agricultural preserves. :_ subdiMsion(c)of-Section;51201.or as laud not
_ _ -
(2) The use will not-sigiuficantly displace or classified as"a -icultusal land,' ursuant to
unpair current--or reasona �T oreseea a agncu tut subd� ion{a)of Section°21060.1 of the Pubhc
operations on the subject contracted parcel..or parcels Resources Code..Nothing in_this ection shall be
or on other contracted lands.in-agricultural preserves. construed o:overrule;rescind,or modify the
Uses that significantly displace agricultural re uirements contained in Sections 51230 and 51238
operations on the subject contracted parcel or parcels related to noncontracted lands within agricultural
may be deemed compatible if they relate directly to preserves.
the production of commercial agricultural products
on the subject contracted parcel or parc:eis or §51238.2. Mineral extraction that is unable to
m et the principles of Section 5123H.1 may
nevertheless be approved as compatible use if the documents as'those documents existed at the time the
board or council is able to document`that(a)the _Williamson.Act:contract was initially signed:
underlying contractual commitment to-preserve prime This s'ubdiv'ision'shall be narrowly construed to be
land as defined in subdivision(c)of Section 51201, consistent with the purposes of this chapter.
or(b)the underlying contractual commitment to
preserve nonprime land for open-space use as defined §51238.x.{a).If an owner of land agrees to`
in subdivision(c)of Section 1201,will not be permit the use of his or'her'land for free public
significantly impaired. Conditions imposed on recreation,the board or council may agree to
mineral extraction as a compatible use of contracted indemnify the owner against all claims arising from
land shall include compliance with the reclamation that public use. The owrier's agreement.that the.land
standards adopted b�-the Mining and Geology Board be used for free,public.,recreation shall not be
. .. .... ... .
pursuant to Section 2773 of the Public Resources construed as an implied dedication:to that use:
Code,including the applicable performance standards (b) if an owner of land:agrees to permit the-use
for prune agricultural land and other agricultural of his or her.land for agricultural laborer,housmg
land,-and no exception to these standards may be - facilities.authorized pursuant to.Section 51238...6e
permitted. For purposes of this section, "contracted city,county,housing authority,state agency or
land" means all land under a single contract for which nonprofit orgazuzation may indemnify,the ov�tner
an applicant seeks a compatible use permit. against all claims arising from that use.
§51238.3.(a)The requirements of Sections § 139.:The`board or council may.a^ Dint an
q Y. PP
X238.1 and 51238.2 shall not a ply to compatible advisory board,the nleinbers:of which shall serve at
P
uses for which an application was submitted to the the pleasure`of the board or council and may be paid
City or county prior to Tune 7, 1994,provided that the their expenses They shall adNdse the board'or
use constituted a"compatible use-" as that term v7as council on the administration of the agricultural
defined bv this chapter either at the time the preserves in the county or ciand on any matters
application Nvas submitted,or at the time the relating to contracts entered into pursuant to this
TvNrilliarn on_.pct contract was signed With respect to chapter.
the subject contract lands,whichever is later.
(b) Neither shall the requirements of Sections Article 3. Contracts
51238.1 and 512.38.2 apply to land uses of contracted
lands in lace prior to June 7, 1994,that constituted a r 7 ,
P P„ �, : §5 1.740. Any city or county may.b� contract
compatible use as the term coin atible use was
-
P P , t the use of agricultural land for the purpose,of
defined by this chapter either at the time the use was preser�-ing such Land pursuant and subject to the
initiated,or at the time the V�Tiltiam on Act contract conditions set forth in the contract:and in this chapter.
was signed with respect to the subject contract lands, A contract may provide for restriction ,terms,and
whichever is later. conditions,including payments and fees,more
(e)(1)Neither shall the requirements of Sections restrictive than or in addition to those required by this
51235.1 and 51238.2 apply to uses that are* ressl
PP Y P 5chapter.
specified Mthi_a the contract itself prior to June 7,
1994,_and that constituted_a_'_coapatible use"_a.s_the •
_ - __ _ ------151241.-If-such.a-contract.:is made._with any.
term"compatible use"' was defined by this chapter at landovymer,the city or county shall offer such a
the time that W,illiamson Act contract was signed contract under similar terms to e`7ery other owner of
with respect to the subject contract lands, or at the agricultural land Rnthin'the'agricultural preserve in
time the contract was amended to include the uses, question. However,except as required by other
whichever is-tater. For—urposes of this subdivision, provision of this cha er,the provisions
=of ahYs
P P
the requirements of Sections 5:123.8.1 and.51238.2, section shallnot be:construed as,.re uirn that:a11
effective January 1,1995,shall a 1 o contracts for
.: PP Y - contracts affecting wand vinthin a es_erve_b.e
- - -
which contract nonrenewal was initiated and was identical,so long as a ichl differences as exist are
withdrawn after January 1 19-95. related to differences in.location and characteristics
_.
.(2) For.purposes of this chapter,a compatible of the-land and:are pursuant to 3nifortn rules adopted
use is.considered to be expressly specified within the by the county or city.
contract only if it is specifically enumerated within
the four comers of the Williamson Act contract either § 12.42. No city or county may contract With
without the benefit of referenced documents, or vdth 1espect to anv land pursuant to this chapter unless the
respect to IyN'illiam�on Act contracts signed on or land.
before June 7, 1997, ,Mth the benefit of referenced (a) Is deN�oted to agricultural use.
(b) Is located within an area designated bya cite the contract if each of the.following had occurred.
or county as an a 'culturalreserve.
p prior to January 19 1.991,:'-
The
991:'-
The land being annexed was within one mile
§51243. Every contract shall do both of the of the city's boundary when the contract was
following: executed.
(a) Provide for the exclusion of uses other than ? _
(:.} The citS had filed with the:local agency
agricultural,and other than those compatible with formation commission a resolution protesting the
agricultural uses,for the duration of the contract. execution of the contract~
(b) Be binding upon, and inure to the benefit of (3) The local agency formation commission had
all successors in interest-of the owner. whenever held a hearing to consider the city's protest.to the
land.under a contract is divided,the ozkmer of any contract.
parcel may exercise,independent of any other ov mer (4) Th`local agency form' aion comrn.ission_had
of a portion of the divided land, any of the rights of found that the contract would be inconsistent.with the
the.owner-:in the original contract,including the right publicly desirable future use and control of the land.
to give notice of nonrenewal and to petition.for (�} The localgfoncomniss-
ioaenc . r� atiohad
cancellation. .The effect of any such.action by the approved the city's protest:
owner of a parcel created b y the division of land y p
y (f� It shall be conclusive) resumed that no
under contract shall not be imputed to the.owners of protest.Nvas filed by the city unless there is a record:of
thexemainin parcels
and: have no e _:.
g_p , effect on the the fihnof the protest and rhe protest identifies the
contract-as it applies to the remaining parcels ofthe affected contract and the sub'ect parcel. It shall be
p
-J_.- P :
divided.:land. Except as provided in Section 51243.x, conclusively presumed that required notice was.: ven
on and after the effective date of the annexation by a before the-execution of the contract.
city of any land under contract with a county,the city (g) The option of a city tonot succeed to a
shall succeed to all rights. duties.and powers of the contract shall extend only to that part of the land that
county under the contract. was within one mile of the city's boundary ivh'h the
contract was executed.
§51'43.5.(a)This section shall apply only to (hj If the ciF}T exercises its option to not succeed
land that was within one mile of a city boundary to a contract then the city.shall record a certificate of
when a contract was executed pursuant to this article contract-termination with the county,recorder_at the
.and for which the contract Nvas executed prior to same time as the:executive officer of the local agency
January 1,1991. formation commission files the certificate of
(b) For any proposal that would result in the completion pursuant.to Section 57203: The
annexation to a city of any land that is subject to a certificate of contract termination shall include a
contract under this chapter,the local acrency legal description of the land for which the city
formation commission shall determine whether the terminates the contract.
city may exercise its option to not succeed to the
.rights,duties,and powers of the county under the §51244. Each contract shall be for an initial
contract. term of no Less than 10 years. Each contract shall
(c} In mang the determination required by provide that on the answers
p ary date of the contract or
subdivision b ,pursuant to Section 51206 the local such other annual date as_specified byr=the contract_a
agency formation commission-may request and the year shall be added a�ato3nati-ally to.the initiat tern
Department of Conservation shall provide,advice unless notice of nonrenewal is given as provided in
and assistance in interpreting the requirements of this Section 51245.
section.
'ty ., Y _p-
A cr ma exercise its o tion to not succeed1244.5. Notv«thstandlnQ the provisions.,of
to the rights,duties,and.powers of,the county under Section.5.1244,if the ntial.terna of ahe contract is for
the-contract if both-of the following had occurred more than 10 ears the c n w
o tract may provide that on
prior to Decem er,_ the anniversary date of the=contract or:such other
(1) The land being annexed RT�s within one mile annual date as:specified by the_contract beginning
of the city.'s bary
ound when the contract was with the anniversary date on which the.contract urill.
executed: have an unexpired Cerin of nine years,a year shall be
-(2) The city-had filed with the county board of added automatically to the uutlal term unless notice
supervisors a resolution protesting the execution of of nonrenewal is given as provided in Section 51245.
the contract.
(e) A cite Inayexercise its option to not.succeed §51245. If either the landowner or the cit or
to the rights.duties, and powers of the.c�ouniN-under cc}unto- desires iD any year not to renev�-th_cont.act,
that: shall serve written`notice of nonrenewal of Revenue and Taxation.Code succeedin to and
PAY
' g
the:contract:upon the_other=party in advance of the including the hen date for.the::1981-82 fiscal year.
annuArenewal date of:the contract. Unless such Commencing with the hen date for the 1982-83 fiscal
written notice is served by the landowner at least 90 year and on each lien date thereafter, such timberland
days prior to the renewal date.or by the cite or.county shall be valued according to Section 434.5 of the
at least b0 days prior to the renewal date,the contract Revenue and Taxation Code.
shall be considered renewed as provided in Section
51244 or Section$1244:5 Upon receipt by the §51247. The landowner shall furnish the city or
o«mer of a notice from the-comity or city,of county Vath such information as the city or county
onrenewal,the'owner may:;hake a Nkritten protest of shall require in order to enable it to determine the
the notice of nonrenewal..-The county or city may,at eli P-ibility of the land in
any time prior to the renewal date,:withdraw the
notice of nonrenewal. U on request by the owner., §51248. No later than 20 days after a city or
the board or council may authorize the owner to.serve county,enters into a contract with.a landowner
a notice of nonrenewal on a portion of the land under pursuant to this chapter,the clerk of the board or
a contract::'within 30 da_ s of the-receipt of:a notice council,as the case may be,shall record with the
y
'of nonrenewal from a.landowner,the service of a county recorder a copy of the contract,which shall
notice.of nonrenewal upon a landowner,or the describe the land subject thereto,together with a
withdrawal
:of a notceJof nonrenewal,the c or reference to the map:s Towing the location of the
oun ahall deliver a copy:of`the notice or a notice of agricultural:preserve iii which the property lies.
ty
u�thdraoval of nonrenewal to the Director.of From and after the time of such-recor tion such
Conservation:
No later than 20:d..ays after a city or contract;shall impart such notice thereof to all
county[receives anotice of nonrenewal from a persons-as is afforded by the recording laws of this
landowner, serves a.notice of nonrenewal-upon a state.
landowner,or withdraws a notice of nonrenewal,the
clerk-of the board or council, as the case may be, §51 48.5. whenever any city or county is
shall record with the county recorder a copy of the required to record any contract by this chapter,it may
notice of nonrenewal or notice of vcdithdrawal of file a fictitious contract. Thereafter,ani,of the
nonrenewal. provisions of such fictitious contract may be included
by reference in any contract required to be filed by
§51246..(a)If the county or city or the this chapter. The provisions of Section 29.52 of the
landowner serves notice of intent in any year not to Civil Code relating to the filing,indexing, and force
renew the contract;the existing contract shall remain and effect of fictitious mortgages shall be applicable
in effect for the balance of the period remaining since to such fictitious contracts. -
the original execution or the last renewal of the
contract,as the case�6ay be. within 30 days of the §51249. within 30 days after a form of contract
expiration of the contract,the county or.city shall is first used,the clerk of the board or council shall
deliver a notice of expirat�on-to.the Director of file with the Director of Conservation a sample copV
Conservation.: - of each form of contract and any and use-restrictions
(b) No city:or-county-shall enter into a new applicable thereto.
contract or shall rene-w an�exrstrng contract on.or
after.February 28; 1977,with respect to timberland §51251. The county,city,or landowner may
zoned as timberland production. The city--or county bring any action in court necessary to enforce any
shall serve'notice of J.0:intent not to renew the -contract,including,but not lirnited to,an action to
_.contract as provided 1n this section. enforce the contract by specific performance or
....,
(c�,:In order,to=meet the min,mum acreage injunction. An owner of land may bring any action in
_
requirement-of an agncultura-1 preserve pursuant to court to enforce a contract on land whose exterior
Section_.51230;land f orrrierly-Rrthin the agricultural boundary is within:one rulef his land: - n.owner of
preserve=which is zoned as tunberland production land under:contract may bring any action in court to
71_
-
pursuant to' ha.OUer 6+3 tcomrnencing with Section enforce a contract on land located within the.same
511(Q)pay be taken into account. .
county or city.
(d) lotwithstanduig any-other provision of law,
conmmenemg,with the lien date for the 1977-78 fiscal §51252. Open-space land under a contract
year all timberland within an existing contract which entered into pursuant to this chapter shall be
has been nonrenevwed as mandated by this secti on enforceably restricted within the meaning and for the
shall be%,alued according to Section 4?�.5 of the purposes of Section 8 of Article� of the State
Constitution:and shall be enforced and ad istered Division 10.2:(commencin� with.Section 10200)of
by the city:or county m such a`manner_as_to the Public Resources Code rovided that the board
. ..,p
accomp]s h the purposes of-that article-and of this:` or council makes all of the followinn findings:
chapter. (a) Theproposed agricultural conservation
_ easement is consistent with the criteria set forth in
§51?�3. Any contract or agreement entered into Section 10251 of the Public Resources Code.
pursuant to this chapter prior to the 61st day (b} The proposed agricultural conservation
follow,mQ final adj ournrnent of the:1969 Regular easement is evaluatedpursuant:to the selection
Session of the Legislature_mayT be amended to criteria m Section 10252 of the Public Resources
conform.with the provisions of this act-as amended at Code,andparticularly subdivisions-(a),(c),(e),(f),
that session upon the mutual agreement of all parties. and(h),and the board or council makes a finding that
Approval of these amendments to a contract by the the proposed easement will make a beneficial
Director of Conservation shall not be required. contribution to the conservation of agricultural land
in its area. -
§51254 Notwithstanding_any other provision of : :(c) :The Iand:: ro osed to be'.placed under an
p P p
this c : -
hapter,the.parties may upon;the- mutual- agricultural conservation easement is of equal.size or
agreement rescind a contract in order sunuitaneously larger than the land subject to the contract to be
to,enter into a new contract pursuant to his chapter, rescinded',-an d is a uall or _suitable for
which nem contract_vctould enforceably restrict he a cultural use.than:the land subject to the contract .
same property for an initial terra at least a's long as to be_rescinded. In determining the.suitabili.y of the
the unexpired term-of the contract bem2 so rescinded land fora 'cultural_use the ci�T or county shall
% b gn , `J,
but notless than 10 years. Such actzon inay be taken consider-the soil quality and water availability of the
notwithstanding the prior serving. a notice of land,adjacent land uses,and any agricultural support
nonrenewal relative to the former contract. infrastructure,
(d) The value of the proposed agricultural
§5125 . (a)Notwithstanding any other provision conservation easement.as determined pursuant to
of this.chapter,the parties may upon thea mutual Section 102-60 of the public Resources Code,
agreement rescind a contract in order simultaneously is.equal to or greater than 12.5 percent of the
to enter into an open-space easement agreement cancellation valuation of the land subject to the
pursuant to.the Open--S-pace Easement Act of 1974 contract to be rescinded.pursuant to subdivision(-a:)
(Chapter 6.6(commencing with Section 51074)), of Section 51283. The easement value and the
provided that the.easement is consistent with the cancellation'valuation shall be'determined«dthin'0
Williamson Act this cha ter for the duration of the days before the approval of the city or count3--of an
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original Williamson Act contract.. The easement agreement pursuant to this section.
would enforceably restrict the same propert�T for an
initial term-of not less than 10 yearn and would not be §51256.1. No agreement entered into pursuant
subJeCtL to the provisions of Article 4(commencing to Section 5 125 6 shall take effect until itis approved
vcTith Section 51090)of_Chapter 6,6. 'Phis action may by-the Director of Conser ration.The director may
be taken notwithstanding the prior serving of a notice approve the agreement if he or she finds that the
of nonrenewal,and the land subject to the contract findings of the board or_cauncil,__as required_by.__ _
shall be assessed pursuant to Section 423 of the Sections 5125.6 and 51282,are supported by
Revenue and Taxation Code. substantial e`�idence,and that the proposed
(b) This section shall not.apply to any _ agriculturalconser��ation easement is consistent with
agreement entered_into on or before August 12, 1998. the eligibility criteria set forth in Section 10251-of the
Notwithstamdin P . .
Public Resources Code and will make a beneficial
§ - g:any:other... rovision of . contnbut�on to the conservation of agricultural Land
this eliapter,a city or county,upon petition by a in its area: ' bedirector shall nota approve the
andowner,may,enter`into an a ee�aent oath the : ag reewent. an agricultural conservation easement
landowner to,rescind a contract in accordance with. L has been purchased with funds from the Agricultural
the:contract cancellatlori provisions:of:Section 51282 hand Stewardship Program Fund,established
in order to sunultaneous1 place other land.within pursuant to Section_10230 of the Public
R
esources
that city,the county,`or the count��where the contract Code, on the sante land proposed to be placed under
is rescinded under an agricultural conservation an agricultural conservation easement pursuant to this
easement,consistent with the purposes and,except as section.
provided in subdivision(b),the requirements of the
Agricultural Land Stewardship Program pursuant to
1:7 kk
2.' a ane-or ndre cities-or�counties may. 3 At lea
_.
§51256.--. = ,} .- ,. _ .y (.) _st 90 percenf_of the land under the
adopt a.plan for unplementing-the provisions,of former contract or contracts remains under the new
Section-51256 vv�th respect to multile transactions " contract or contracts,
within one or more specific areas;_:and submit the (4) After the lot line adjustment,the parcels of
plan to the director his or bier approval. The"plan land subject to contract willbe large enough to
may be approved only upon a deternination b��the sustain their agricultural use,as defined in Section
director that:it is consistent NNAth the provisions.of 51222.
Section 51256. .Thereafter indi��idual transactsons = (5) The lot line adjus went would not
shall be approved.if theS� are consistent with the: compromise the long-term agricultural productitidty
appro�Ted plan.. of the parcel or other agricultural lands subject to a
b Notwithstandin -
O � - g � -Section-�12�6;this section - contract orcontracts. -
shall apply only-to lands under contract located in the (6) The lot line adjustment is not likely to result
:
Counties of.S an B ernardino and Riverside,within the in the removal of adjacent land from agricultural use.
-
area bounded by Interstate,10 on the north,State (7) The lot line adjustment does not result in a
Route 71 on the��lest;-State Route 91 on the south; greater number of develo able arcels than existed
�. _
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and a line two.miles east of Interstate:15 on the east, prior:to the adjustment,.or-an ad`usfed lot that is
and to easements within that area or within 10 miles- inconsistent with the general plan.-
of its exterior boundaries and within either Riverside` (b) Nothing in this section shall limit.the
County or San-Bernardino.,Count3T For the u ose authon of the board or:council to enact additional
_ _
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'of this section,easements aocated Rnthm-the conditions or restrictions on lot line adjustments.
described area:may be Yelated to�contract-rescissions (c) Only one new contract naay be entered into
--- - - .� � - this'. -- with . .
in either county. [ pars respect o a given parcel,
uant to s section t
(c) The Lem slature folds:and declares that,: prior to Januar�T 1,-2003.
because * the unique factors applicable-only to the (d} In the_year 2002,the department's
Chino,Basin, a statute of general applicability cannot Williamson Act Status Report,prepared pursuant to
be enacted within the meaning of subdivision(b)of Section 51207,shall include-a review of the
Section 16 of ArtiCle IST of the-California performance of this section.
Constitution. Those unique circumstances are that (e) This section shall remain in effect only until
the Chino agricultural presere is undergoing January 1,2003,`and as of that date is repealed,
transition from agricultural to nonagricultural uses unless a later enacted statute,that is enacted on or
and the affected areas comprise more than-a single before January 1,2003,deletes or extends that date.
jurisdiction.. Therefore,a multijurisdictional _
approach is necessary. Article 5. Cancellation
§51257.(a)To facilitate a lot line adjustment, §51250. It is hereby declared that the purpose of
pursuant to subdivision(d)-of Section 66412,and this article is toprovide relief from the provisions of
notwithstanding any other provision of this chapter, contracts entered into pursuant to this chapter under
the parties may mutuall agree to rescind.the contract the circumstances and conditions provided herein.
y y .agree
or contracts and=slmiiI aneously enter=into anew
contract or contracts pursuant to this chapter,.- §.X1280, ,1. As used in this chapter,the finding of
provided that the boardOr council finds a?l of the
aboard or council'that"cancellation-and a7terriatiV�e
following: - use will not result mi discontiguous patterns of urban
(1) The-new-.contract or contracts-would development"_authorizes,but does not require,the
enforceably_restrict;the adjusted boundaries of the board or_council to cancel a contract if it finds that
parcel for an initial term for at least as long as the the alternative use vd.11-be ural in character and that
unexpired term of the rescinded contractor contracts ahe alternative use will result within the foreseeable
but for not less than 1-0 years.., future m a contiguous pattern'of development untbin
�2) There.is no net-decrease in the amount of the -.the relevant sabre 'on. The board or council isnot
acreage restricted..=In-cases where two parcels required:to find that the alternative use will be
involyed in a lot-.line adjustment are_both subject to - immediately contiguous to like development. In
contracts,rescinded pursuant to this section,this rendering its finding,the-board-or council acts in its
_
finding will be satisfied if the aggregate acreage of own discretion to e,valtiaie-the proposed 9ternative
the land_restricted by the new contracts is at least as use according to existing and projected conditions
great as the aggregate acreage restricted by the within its local jurisdiction. The provisions of this
.rescinded contracts. section shall appl)T only to those proceedings for the
cancellation of contracts«phi ch were initiated
pursuant to Section 1282.1,and,cansstent with.the �c For purposes of paragraph' 2 of subdivision
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rovisions of_Secti.on 9 of Cha ter.1095_of the Via)cancellation of a contract;shall be ui he public
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P -. _
Statutes of 1981,shall applNT to the same,extent as the: interest only rf th.e council or board makes_the
ro�Tisions of Section I?$2.1,notwithstaridug their following findings: (1)that other public concerns
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repeal. substantially outweigh the.objectives of this chapter,
and O2 that therel is Bio pro-h =ate noncontracted land
51251. A contract may not be canceled except which is both available and suitable for the use to
pursuant to a request by the.Iando�vner, and as which it is proposed the contracted land be put,or,
•. •
provided in this article. _
. P
uld
. that develo meat of the contracte an wo
_ provi more contiguous patterns.o f urban
512 51.1. The board or council may require the development than-development of pro
�Lmate
payment of a reasonable application fee to be-made at noncontracted land.As used in this subdivision
the time a petition for cancellation is filed. ;- "proximate,noncontracted land"means land not
restricted by;contract.pursuant to this'chapter,which
51282.(x)The landoaTner may,petition the` is sufficiently close to land urhich is so restricted that
board or council for cancellation of
any.'contract as to it can serve as a practical alternative for the use
all or any art of the subject laud. The,board or., v Thich 1s--proposed for the restricted an As.used In
council rnar ant lentati ve approval for:cancellation this subdivision„suitable"for the proposed use
}
of a contract oul if it males one of the following means that the sahent features of the:proposed use
5 _
findia�s:. can be served by Iand not restricted by contract:
1 That the cancellatzon is consistent with:theC pursuant_to flus chapter..Such nonrestricted Land may
{ )
uses of this chi ter;or be a single parcel or may be a combination of
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(2) That cancellation is in the public Interest. cOnti=uous+or discontiguous parcels.
(b) For Ipurposes of paragraph(1) of subdivision (d) For purposes of subdivision(a),the
(a)cancellation of a contract shall be consistent with uneconomic character-of an existin'agricultural use
thePurposes of this chapter only if the board or shall not by itself be sufficient reason for cancellation
co•�ncil makes all of the followma fmdincrs: of the contract: The tineconor_mc character of the
(1) That the cancellauan is far an on v�Thich-a eusting use may be considered o uy if there is no
notice of nonrenewal has been served:pursuant to' other reasonable.or comparable-agricultural use to
Section 1124 . which.the land may be put.
(2) That cancellation is not likely:to result in the (e) The landowner%petition shall be.
removal of adjacent lands from agricultural use. accompanied by a proposal for a-specified alternative
(3) That cancellation is for an alternativeuse use of the land `'The proposal for the alternative use
which is consistent with the applicable provisions of shall list diose.go�Ternnaental agencies l nown by the
the city or county general plan. landowner:to have permit authority related to the,
(4) That cancellation will not result-in
proposed'alternative use,and the provisions and
discontiguous patterns of urban development. requirements of Section 51283,4 shall be fully .
(5) That there is no proximate noncontracted _applicable thereto: The level of specificit��require
land which is both available and suitable'for the,use in-a propos for a specified,alternate use shall be
to which itis proposed the contracted land be,put, or, deterrrined by the board or council as that necessary
that dev elopinent'of the.contracted Iand uToulci to permit them:to make the findings required.
provide more contiguous patterns of urban .
(f} In approving a cancellation pursuant to this
development than development of proximate section;the board or council shall.not be required to
noncontracted land. As used in this subdivision male any fin-dines-other than or,in addition to those
"proximate,noncontracted land"means'.land
not ehpressly set forth in this section,and, where
restricted by contract pursuant to this chapter,-iich applicable,in Section 21081 of the Public Resources
is sufficiently close to lana which is..so restricted that -Code.
it can serve as a practical alternative for me_tse _
_.-
v,Fhich is proposed for-the'restricted.land. As Wised in §51282.2. a In the event that a cit�r has within
this subdivision"suitable"for the ro osed use its boundaries on the effective date of this section 300
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paeans that the salient features of the praposecl use acres or Tess of land which are.under contract,or an
can be served by*Land not.restricte+d b contract application for alnexation to a city has Jbeen feed
pursuant to this chapter. Such nonrestricted land may witla that city and a petition for cancellation has beer
be a single parcel or may be.a combination of fled urith the county within the time period set forth
conti`uous or discontiguous parcels. in subdivision(c)of Section +l? ?�l, uThich
application,if approved= will result in the eit haviml
within its boundaries 300 acres or less of land which grantee Inde'in the name of the.county-ar city or city
are.under contract,the provisions and requirements and county. From the date of recordation,the lien
of subdivisions(e), (f), (g}and(h)of Section 512.82.1 shall have.the force,effect and priort��of a judgment
shall not apply Arithin that city and a petition for lien. The board or council shall execute and record a
cancellation of a contract shall be approved as release of lien if,after a period of l0:years from the
otherwise proNided in Section 51282.1. If the date of the recordation of the certificate of
annexation,if approved, will result in the city- having cancellation of contract,the real property subject to.
more than 300 acres of land under contract,the the lien has not been converted to a use other than
provisions and requirements of subdivisions (e), (f), agricultural laborer housing. In the event the real
(g),and(h)of Section 12 82.1 shall apply. property subject to the lien has been converted.to a
W* The provisions of this section shall not apply use other:.than agricultural laborer housing,or the
to any contract which is applicable to land located construction of agricultural laborer housing has not
,Mthin the coastal zone as described and delineated in commenced Nvithin.a period of one year from the date
Division 20(commencing with Section 30000)of the of recordation of the certificate:of cancellation-of
Public Resources Code. contract,then the Lien shall only be released-.upon
payment.of the fees and interest for Which-the lien
§51282.3.(a)The landowner may petition the has been unposed Where construction commences
board or council,pursuant to Section 51282,_for after the one-year'.period,the amount of.the interest.
cancellation.of an contract or of an'r ortion of.a shall.onl be for.that` enod:from.one: ear following
S SP Y P, y - b
contract if the-board or council has determined that the date of the=recordation of the ate..-4. -
agricultural aborer housing is not a compatible use cancellation of:contract until the:actual
on the-contracted lands. The petition,and any commencementof construction:
subsequent cancellation based thereon, shall (1)
particularly describe the acreage to be subject to - §51282.5.The owner of any land which has been
cancellation; (2)stipulate that the purpose of the zoned as a timberland production pursuant to Section
..cancellation is to allow the land to be used 51112 or 51113,and that zoning has been recorded as
exclusively for agricultural laborer housing facilities; provided in Section 51117.may petition-the board or
3) demonstrate that the contracted lands,or portion council for cancellation of any contract as to all.or
thereof.for which cancellation.is being sought are part of the land:.Uponpetition,the.board or council
reasonably necessary for the-development and siting shall approve the cancellation of the contract. The
of agricultural laborer housing;and(4)certify.that provisions of Section 5.1253 shall not apply to any.
the contracted lands, or portion thereof,for which cancellation under this section,and no cancellation
cancellation is being sougbt-shall not be converted to fee shall beimposed.
any other alternative use within-the first 10 years
immediately following the cancellation. §51283.(a)Prior.to any action by the board or
The petition shall be deemed to be a petition for council giving tentativ' e' approval to the cancellation
cancellation for a specified alternative use of the of any contract,the county assessor of the county in
land. The petition shall be acted upon by the board. which the land is located shall determine the current
or.council in the manner prescribed in Section fair market value of the land as though it'were-free of
51283.4. However,the provisions of Section 51283 the.contractual restriction. The assessor shall certify
pert:sining tot payment.of cancelladon fess-shall - -�o the-bold or ro»ndil-thP cauceation vuatinr__of
not be imposed_except as provided in_subdivision(b). the land for the purpose`of deter-mi„ing the
(b) .1f-the owner of real property is-issued a cancellation fee.
certificate of cancellation of contract based on (b) Prior.to giving tentative approval to the
subdivision(a),there shall beexecuted.and recorded cancellation of any:contract,'the board or council.
concurrently with the recordation of the certificate ofd determine and cert to the count ,-
y auditor the`
cancellation of contract,a lien in favor sof the county, amount of-the-cancellation fee which-the landoWner
city or city and-county in the amount:of the.fees shall pay the countytreasurer upon cancellation.
which Would otherwise have-been imposed pursuant That fee shall be an amount equal to 121/2
percent of
to Section 51283. Those amounts shall bear interest the cancella_tion valuation of the property_
at the rate'of 10 percent-per annum...The lien shall (c) If it finds that it is in the public interest'to do
particularly describe the real property subject-to the so,the board or council may waive any payment or
lien,shall be recorded in the county where the real any portion of a payment by the lando'"mer,or may
property subject to the lien is located; and shall be extend thetime for making the payment or a portion
indeed by the recorder in the`cantor index to the of the payment contingent upon the future use made
name of the o,\vner of the real property and in the. of the land and iLs economi- , return to'the landowner
for a period of time not to exceed the unepired .83.4.(a)Upon tentative approval of a
period of the contract,had it not been canceled,if all petition accompanied by a proposal fora specified
•
of the following occur: alternative use of the land,the clerk of the board or
(1) The cancellation is caused by an involuntany council shall record in the office of the county
transfer or change in the use which may be made of recorder of the county in which is located the land as
the.Land and the land is not immediately= suitable,nor to which the contract is applicable a certificate.of
lk�7ill be immediately used.for a purpose which tentative cancellation,v;Thich shall set forth the name
produces a greater economic return to the owner. of the landowner requesting the.cancellation;the fact
(2) The board or council has determined that it that a certificate of cancellation of contract will be
is in the best interests of the program to conserve issued and recorded at the time.that specified
agricultural land use that the pa%went be either conditions and contingencies are satisfied,.a
deferred or is not required. description of'the conditions and contingencies which
(3) The waiver or extension of time is approved must be satisfied, and a legal description.of the
by the Secretary of the Resources Agency. The property. Conditions to be satisfied shall include
secretary shall approve a waiver or extension of time payment in full of the amount of the fee computed
if the secretary.finds that the granting of the waiver under the provisions of Section.'512834)together with
or extension of time by the board or council is a statement that unless the fee is.paid,=or a certificate
consistent with the policies of this chapter-and that of cancellation of contract is issued within:one-year
.. .
the board or council complied v��ith this article. In from the date of the recording of the certificate of
evaluating a request for a waiver or extension of tentative cancellation;the fee shall be:recomputed as
the secretary shall review the findings of:the of the date of notice described in subdivision_(b).[
time, - -
board or council,the evidence in the record of the Any provisions related to the waiver of the fee or
board or council,and an37 other evidence the portion thereof shall be treated in the manner
secretary may receive concerning the cancellation. provided for is the certificate of tentative
waiver, or extension of time. cancellation. Contingencies to be satisfied shall
(d) The first nine hundred eighty-five thousand include a requirement that the landowner obtain all
dollars($985.000)-of revenue paid to the Controller per niits necessary to commence the project. The
pursuant to subdivision(e)in the 1992-93 fiscal year, board or council may, at the request of the
and ani-other amount as approved in the final Budget landowner,amend a tentatively approved specified
Act for each fiscal year thereafter. shall be deposited alternative use if it finds that the amendment is
in the Soil Conservation Fund, NNThich is continued in consistent with the findings made pursuant to
existence. The money in the fund is available,when subdivision(a)of Section 51282.
appropriated by the Legislature,for the support of (h) The landowner shall notifT the board or
both of the following: council when he w.or she has satisfied the conditions
(1) The total cost of the farmlands mapping and and continaencies enumerated in the certificate of
monitoring program of the Department of tentative cancellation. Within 30 days of receipt of.
Conservation pursuant to Section 6557 0. the notice,and upon a determination that the
.(2) The soil consers�ation program identified in conditions and contingencies have been satisfied,the
Section-614-of the Public Resources Code. board or council shall execute a certificate of
-
e When cancellation fees required by this cancellation of contract and cause the same to be
section are--collected,_they.shall be transmitted by the recorded. F
county treasurer to the Controller and deposited in (c) If the landowner has been unable to satisf}f
the General Fund.except as provided in subdivision the conditions and contingencies enumerated in the
(d). The funds collected by the county treasurer with -certificate of tentative cancellation,the landowner
respect to._each cancellation of a contract shall be shall notify the board_or council of the particular
transmitted to the Controller within 30 days of the conditions or contingencies:he or axe is unable to
execution-of a certificate of cancellation of-contract satisf37. Within 30 days-of receipt of the notice,and
by the board or council,as specified in subdivision upon a:determinafiion that the landowner is unable to
-(b)of Section X1283:4. the conditions and-contingencies listed,the
� satisfy T
M It is the intent of the Legislature that fees board or council shall execute a certificate of
paid to cancel a contract do not constitute taxes but withdrawal of tentative appro�•al of a cancellation of
are.payments that,when made;provide a private contract and cause the same to be recorded.
benefit that tends to increase the value of the However,the landowner shall not be entitled to the
property. refund of any cancellation fee paid.
§51284. No contract may be canceled until after (c) Prior to acting on the proposed cancellation,
the cite or county has given notice of,and has held,a the board or council shall consider the comments by
public hearing on the matter. Notice of the hearing the Director of Conservation,if submitted.
shall be published pursuant to Section 6061 and shall
be mailed to every ower of land under contract, any §51285. The owner of any property located in
portion of which is situated within one mile of the the county or cite in-which the.agricultural preserve
exterior boundary of the land upon which the contract is situated may protest such cancellation to the city or
is proposed to be canceled. In addition,at least 10 county conducting the hearing.
working days prior to the hearing, a notice of the
hearing and a copy of the undo,%Tmer's petition shall §51286.(a)Any action or proceeding which,on
be mailed to the Director of Conservation. Within 30 the grounds of alleged noncompliance with the
days of the tentative cancellation of the contract,the requirements of this chapter,seeks to attack,review,
city.or county shall publish a notice of its decision, set aside,void, or annul.a decision of a board of
including the date,.time,and place of the public. supervisors or a city council to cancel a contract shall
hearing,a general explanation of the decision,the be brought pursuant to Section 1094.E of the Code of
findings made pursuant to Section 512821 and a Civil Procedure.
general description,in text or b' diagram, of the land (b) The action nor proceeding shall be,
under contract,as a display advertisement of at least commenced within 180 days from the date of the
one-eighth page m at least one newspaper of general council or board order acting on'a petition for
circulation within the city or-county. h addition, cancellation filed under this chapter.
within30 days.of the tentative cancellation of the (c) Notwithstanding subdivision(b),if the
contract,the city or county shall deliver-a copy of the cancellation relates to proposed electric:generation
published nonce of the dedision,as described above, projects that are located in the southern half of Kern
to the Director-of Conservation. The publication County with a capacity of not-less than 701
shall be for informationalpurposes only.and shall megawatts,but not greater than 800 megawatts,and
createno right, standing, or duty,that would for which applications were.accepted as data
otherv.ise not exist with regard to the cancellation adequate by the lrnergy Resources and Consen�ation
proceedings. Development Commission during the month of
January 2000,the action or proceeding shall be
§5184.1.(a)when a landovmer petitions a commenced within 30 days from the date that the
board or council for the tentative cancellation of a Energy Resources and Conservation Development
contract-and when the board or council accepts the Commission issues its determination on an electric
application as complete pursuant to Section 65943, generation project described in this subdiNusion. This
the board or council shall mmediately mail a notice subdivision shall become inoperative on December
to the Director of Conservation. The notice shall 31,2001.
include all of the following:.
(1) A copy of the petition. §51287. The city or county may impose a fee
(2) A copy of the contract. pursuant to Chapter 8 (commencing Mth.Section
(3) A general description,in text or by diagram, 66016)of Di sion 1 of Title 7 for recovery of costs
of the land that is the subject of the proposed under this article. The fee shall not exceed an
canceliadon. amount neje ssary to reco ver the-re asonable cost of
(4) The deadline for submitting comments se 7ices provided by the city or county under this
.regarding the proposed cancellation. That deadline article.
shall be consistent.with the Permit Streamlining Act
(Chapter 4.5 (commencing with Section 65920)of Article 6, Eminent Domain or Other Acquisition
Division.l of Title 7),but in no case less than 30.days
prior to the scheduled action by the board or council. §51290.(a) t is the policy of the state to avoid,
(b) The Director of Conservation shallreview whenever practicable,the location of.any federal,
the proposed cancellation_and submit comments to state,or local public improvements and any
the board or council by the deadline specified in improvements of public utilities,and the acquisition
paragraph(4)of subdivision(a). Any commentsof land therefor,in agricultural preserves.
submitted shall ad-%use the board or council on the (b) It is further the policy of the state that
findings required by Section 51282 with respect to whenever it is necessary to locate such an
the proposed cancellation. improvement within an amcultural preserve.the
improvement shall, whe.neve_r practicable.be Iocatea
upon land other than land under a contract pursuant and shall consult with.and incorporate the comments
to this chapter. of,the Secretary of Food and Agriculture on any
(e) Itis further the policy of the state that any other matters related to agricultural operations. The
agency or entity proposing to locate such an failure by any person or public agency, other than a
improvement shall,in considering the relative costs state agency,to comply with the requirements of this
of parcels of land and the development of section shall be admissible in evidence in any
improvements,give consideration to the value to the litigation for the.acquisition of that land or involving
public,as:indicated in Article 2(commencing with the allocation of funds or the construction of the
Section.5 1220),of land,and particularlyprime public improvement. This subdivision does not apply
agricultural land,within an agricultural preserve. to the erection, construction,alteration;or
maintenance of gas,electric,piped subterranean
§51290.5. As used in this chapter, "public water or wasteNvater, or communication utility
improvement"means facilities or interests in real facilities within.an agricultural preserve if that
prppert),:including easements;rights-of-way., and preserve was established after the submission of the
interests-in fee title;o �ned by a public agency or location of those facilities to the city or county for
person;as-:defined in subdivision(a) of Section review or approval.
51291.. (e) When land in an agricultural preserve is
acquired by a public entity;the public entityshall
§Z1291� -(a)As used in this section and Sections notify.the Director of Conservation within.10
51292 and.51295,(1)"public agen&yly.means any working days. The notice shall include a general
depart nent:or aQency of the United States or the explanation of the decision and the findings made
state,and any county,city,-school district,or other pursuant to Section 51292. If different from that
local public district,agency,or entity, and(2) previously provided pursuant to subdivision(b),the
"person"means any person authorized to acquire notice shall also include a general description.in text
property by eminent domain. or by diagram,of the agricultural preserve land
acquired and a copy of any,applicable contract
(b) Except as provided in Section 51291.5. created under this chapter.
whenever it appears that land within an agricultural
Preserve-may be required by a public agencyor
�cl) If,after giving the notice required under
person for a public use,the public agency or person subdivisions(-b' and(c)and before the project is
shall advise the Director of Conservation and the completed urithin an agricultural preserve,the public
local governing body_respon.sible for the agency or person proposes any,significant change in
administration of the preserve.of its intention to the public improvement,it shall give notice of the
-
consider the-location of a public improvement within changes to the Director of Conservation and the local
thepresei=ve: In accordance with Section 51290,the governing body,responsible for the administration of
notice shall include an explanation of the prehminary the preserve. within 30 days thereafter,the Director
consideration of Section 5129?,and give a general of Conservation and the local governing body may
descriptio;in test or by diagram,of the agricultural fon--v
ard to the public agency or person their
preserve land proposed for acquisition.and a copy of comments with respect to the effect of the chance to
any applicable contract created under this chapter, the public improjTement on the land within the
- -_ ----- ---- ------------- __---.--- -- . d -_- - --- -- _
The Director of Conservation.shall forward to the preserve and.the compliance-of the changed public
Secretary of Food and Agriculture,a copy of any improvements with this article. Those comments
material received from the public agency or person shall be considered by the public agency or person;if
relating to the proposed acquisition. within 30 days available within the time limits set by this
thereafter,the Director of Conservation and the local subdivision.
-governing body shall forward.to the appropriate (e) Any action or proceeding regarding notices
public agency or person concerned their comments or-findings required by this article filed by the
with respect to the effect of the location of he public Director of Conser�Tation or the local governing bode
improvement on the-land.within the agricultural administering the agricultural preserve shall be
preserve and those-comments shall be considered by governed by Section 51294.
the public agency or person. In preparing those
comments,the Director of Conservation shall §51.291.5. The notice requirements of
consider issues related to agricultural land use, subdivision(b) of Section 51291 shall not apply to
including.but not limited to,matters related to the the acquisition of land for the erection,construction,
effects of the proposal on the.conversion of adjacent or alteration of gas, electric.piped subterranean Nvare,
or nearby agricultural land to nonagricultural uses. or xvaste«ate). or cornm�.znicatior.f:cilit�Rs.
r
(h)- All facilities whicb are part of the State
§51292. No public agency or person shall locate 'Water Facilities as described in subdivision(d)of
a publicimprovement within an agricultural preserve Section 129 4 of the water Code,except facilities
unless the followinb findings are made: under paragraph (6) of subdivision(d)of that section.
(a) The location is not based primarily on a (i) Land upon which condemnation proceedings
consideration of the lower cost of acquiring land in have been commenced prior to October 1. 1965.
an agricultural preserve. The acquisition of a fee interest or
(b) If the land is agricultural--land.covered under- conservation easement for,a term.of at least 10 Nears,
a contract pursuant to this chapter for any public in order to restrict the land to agricultural or open
improvement,that there is no other land within or space uses as defined by subdivisions(b)and(o)of
outside the preserve on�,;Nihicl it is reasonably Section 51201.
feasible to locate the public improvement.
§ 1293.1. Any public agency or person
§51293. Section 51292 shall.not apply to requiring land in an agricultural preser�7e for a use
(a) The location or construction-of- xvhich has been determined by a city or countN.to be a
improvements where the board or council :` compatible use pursuant to subdivision(e)of
administering the agricultural preserve approves or Section 51201 in that agricultural preserve shall not
agrees to the location thereof,except when the be excused from the provisions of subdivision(b)of
acquung agency and admmistering.agency are the Section 51291 if the agricultural preserve was
same-entity. established before the location of the improvement of.
-
(b) The acquisition of easements.v�nthin a a public utility was-submitted.to the city,county, or
preserve by the board or councitadministeri_ng the Public Utilities Commission for agreement or
preserve. approval and that compatible use shall not come
The location or construction of any public within the provisions of Section.51`293 unless the
utility.improvement which has been approved by the location of the improvement is approved or agreed to
Public,Utilities Commission. pursuant to subdivision(a)of Section 51293 or the
(d) The acquisition of either(1)temporary compatible use is listed in Section 51''93.
construction easements for'public utility
improvements.or(2) an interest in real property for §51294. Section 5.1292 shall be enforceable only
underground public utility improvements. This by mandamus proceedings by the local governing
subdivision shall apply only icFhere the surface of the body administering the agricultural preserve or the
land subject to the acquisition is returned to the Director of Conservation. Hoxvever,as applied to
condition and-use that immediately predated the condemnors whose determination of necessitN7 is not
construction.of the public improvement, and when conclusive by statute,evidence as to the compliance
the construction of the public.utility improvement of the condemnor with Section 51292 shall be
-,xd1l not significantly impair agricultural use of the admissible on motion of any of the parties in any
affected contracted parcel or parcels. action other«rise authorized to be brought by the
(e) The location or construction of the following landov�mer or in any action against the laridovmer.
types of improvements,which are hereby determined
to be compatible with or to enhance land within an §51.294.1. After 30 days have elapsed following
agficul tu.r ai presei v c: -----
its aC Vin,p�rcn e� - cidb i t cZn�fib)of �Gtl OD
`••.t to T ` - -
(1) Flood control«Torks;including channel 51291,ad�-ising the Director of Consen7ation and the
rectification and alteration. local governing body of a county or city,
(2)Public works required for fish and wildlife administering an agricultural preserve of its intention
enhancement and preservation. to consider the location-of a public improvement
(3) Improvements for the prnmau benefit of the within such agricultural preserve,a public agency
lands within the presence. proposing to acquire land Ruthin an agricultural
(f) Improvements for which the site or route has preserve for water transmission facilities which 1AU
been specified by the Legislature in a manner_that extend into more than one county,may file the
makes it impossible to avoid the acquisition of land proposed route of the facilities with each county or
under contract. city administering an agricultural preserve into which
(g) All state highways on routes as described in the facilities will extend and request each county, or
Sections 301 to 622,inclusive, of the Streets and city to approve or agree to the location of the
Highways Code,as those sections read on October 1, facilities or the acquisition of the land therefor. Upon
1965. approval or agreement.the provisions of Section
51291 shall nol apply-to the location of the proposed
water transnussion facility or the acquisition of land unless the rerna=i i g land.subject to contract TAdll be
therefor in any count*or:city which has approved or adversely.affected by the condemnation,in which
agreed to the location or acquisition. case the."Value of that damage shall be computed
without regard to the contract.
§51294.2. If any local governing body 'When an action to condemn or acquire an interest
administering an agricultural preserve vGithin 90 days that is less than the fee title of an entire parcel or any
after receiving a request pursuant to Section 512'94.1 portion thereof of land subject to a contract is
has not approved or agreed to the location of water commenced;the contract shall be deemed null and
transmission facilities as provided in Section 51294.1 void as to that iizterest and,for the purpose of
or in.subdivision(a) of Section 51 2933 the public establishing the.value of only=that interest,shall be
acrency making such request may file an action deemed never to have existed,unless the remai uug
against such local governing body in.the superior interests in any of the land subject to the contract will
court of one of the counties within which any such be adversely_affected,in which case the value of that
body has failed to approve the location of'facilities or damage shall be computed withou.t,reaaro to the
the acquisition of land therefor,to determine whether contract. The land actuallyF taken shall be remo�Ted
the ublic agency proposing the.location or from the-contract. Under-no circumstances shall land
P
acquisition has complied with the requirements of be removed,that is not'actually.taken for a.public
Section 51292. If the court should so determine,the iproveme.nt,except that when only a portion of the
provisions of Section 122 shall not app1T to the land or less than a fee interest in the land is taken or
location of water transmission facilities-nor the :acquired.;the contract may be canceled with respect
acquisition of land therefor..mi any of the counties to.the remaining portion.or interest upon petition cif
into which they shall extend.:,and no writ of either party and pursuant to the provisions of Article
mandamus shall be issued in relation thereto pursuant 5 (commencing with Section 51? . For the
to Section 51294. For the purposes of this section, purposes of this section.,a finding by the board or
the county selected for commencing such action is council that no authorized use may be made-of the
the proper.county for the trial of such proceedings. land if the contract is continued on the remaining
In deternii in or whether the public agency has portion or interest in the land may satisfy,the
conn lied v�itl the requirements of Section 5 12'92,the requirements of subdiN*�ision.(a)of Section 51'S2.
P
court shall consider the alignment,functioning and If,after acquisition.the.acqu=cr public agency
operation of the entire tran.sxnission facility. determines that it will not for any reason actually
Courts shall give any action brought hinder the locate on that land or any part thereof,the public
provisions of this section preference over-all other improvement for which the land'v�7as acquired,before
civil actions therein.to the end that such actions.shall returning the land to private ownership,the public
beuickl y heard and determined. agency shall give vi ritten notice to the.Director of
q 3
Conservation and the local governing body
§51295. When any action in eminent domain for responsible for the admisustration of the.preserve,
the condemnation of the fee title of an entire parcel of and the land shall be reenrolled in a new contract or
land subject to-a contract is filed,or when that.land is encumbered by an enforceable deed restriction with
acquired in lieu of eminent domain fora public terms at least as restrictive as those'provided by this
improvement by a public agency or person,or chapter. The duration of the restriction shall be
Wer ere any i l sum Mactioor-accuistin-b deterinzned bar subtracts Q the length
heiievof time the
the federal government or any person, land was held by the acquiring public agency or
instrumentality,or agency acting under the authority person from the number of years that remained on the
or power of the federal government,the contract shall original contract at the.time of acquisition,.
be deemed null and void as to the land actually:being
condemned,or so acquired as of the date the action is Article 7. Farmland Security Zones
filed, and for the purposes of establishing the value of
the land.,the contract shall be deem6d never to have §51296. The Legislature finds and declares that
existed. Upon the termination of the proceeding,the it is desirable to and options available to
contract shall be null and void for-all land actually landowners for the preservation of agricultural land.
taken or acquired. NkThen an action to condemn or
It therefore the intent of the Legislature in enacting
acquire less than all of a parcel of land subject to a this article to encourage the creation of longer terns
contract is commenced.the contract shall be deemed voluntary enforceable restrictions within agricultural
null and void as to the land actually condemned or preserves.
acquired and shall be disregarded in the valuation
process only as to the,land actually=being taken..
§51296.1. A landownner or group of landowners. not approve a change of organization or
may petition the board to rescind a contract or reorganization that.would result in the annexation of
contracts entered into pursuant to this chapter in land within`a.designate.d.farnland security zone to a
order to simultaneously place the land subject to that city. However,this subdivision shall not apply under
contract or those contracts under a nein contract any of the following circumstances:
designating the property as a farmland security zone. (a): If the far nland`_security'zone is located
A landonner or Group of landowners may also within a designated,delineated area that has been
petition the board to create a farmland security zone approved by the voters as a limit for xis and
for the purpose of entering into farmland security future urban facilities,utilities, and_services:
zone contracts pursuant to this section. (b) If annexation of a`pareel or a portion of a
(a) Before approving the rescission of a contractparcel is necessary for the location of a public
or contracts entered into pursuant to this chapter in improvement,as defined in Section 51290.5,except
order to simultaneously place the land under a nev" as provided in subdivision(f)or(g)of this section.
farmland security zone contract,the board shall (c) If.the landowner consents to the annexation.
create a farmland security zone,pursuant to the.
requirements of Section 51230,within an existing §51296.4. No* txvithstanding any provision of the
agricultural preserve. Cortese-Knox Local Goverunent Reorganization Act
(b) No land shall be included in a farmland of 1985 (Division 3(cozrimencing with Section
security zone unless expressly requested by the 56000)), a local agency formation commission shall
landowner. Any land located within a city's sphere of --not approve--a change of organization or
influence shall.not be.included within a farmland reorganization that would result in_the__annexation of
security T zone,unless the creation of the.farmland land virithin a desi �ated farmland aecunty zone to a
security zone within the sphere of influence has been special district that provides sewers,nonagricultural
expressly approved by resolution by.the city with water,or streets and roads,unless the facilities or
Jurisdiction within the sphere of influence. services provided by the special district.benefit land
(0 L"more than one landowner requests the uses that are allowed under the contract and the
creation of a farmland security zone and the parcels landowmer consents to the change of organization or
are continuous,the county shall place those parcels in reorganization.
the same farmland security zone. -
(d) A contract entered into pursuant to this §51296.5. Notwithstanding Article 5
section shall be for an initial term of no less than 20 (commencing with Section 53090)of Chapter 1 of
years: Each contract shall provide that on the Division 2 of Title 5,a school district shall not render
anniversary date of the contract or on another annual inapplicable a county,zoning ordinance to the use of
date as specified by the contract,a year shall be land by the school district if the land is within a
added automatically-to the initial terra unless a notice designated farmland security zone.
of nonrenewal is given pursuant to Section S 1245.
(e) Upon termination of a farmland security §51296.6. Notwithstanding any other provision
zone contract;the farmland security zone designation of law.a school district shall not acquire any land
for that parcel shall simultaneously be terminated. that is within a`designated farmland security zone.
§5196.2. Both of-the-following shall apply to -- - -- .-The board hall not appro�ie any use
land within a designated farmland security zone: of land�Tithin a designated farmland security zone
(a) The land shall be eligible for property tax based on the compatible use proNTisions contained in
valuation pursuant to Section 423.4 of the Revenue subdivision(c)of Section 51238.1.
and Taxation Code.
y provision §51296.8. Sections 53296 to 5129.7.4,inclusive,
(b) Notv�nthstandinan other of lav,
any special tax approved by the voters for urban- shall only apply to land that is designated on the
related services on or after January 1, 1999,on the Important Farmland Series maps,prepar4pursuant
land or any living improvement shall be levied at a to Section 65570 as.predominantly one or more of the
reduced rate unless the tax directly benefits the land follovAfing:
or the living improvements. (a) Prime farmland.
(b) Farmland of state vvide significance.
§51?96.3. Noty ithstand.ing any provision of the (c) Unique farmland.
Cortese-Knox Local Government Reorganization Act (d) Farmland of local importance.
of 1985 (Division 3 (commencing with Section If the proposed farmland security zone is in an area
56000)). a local agency-formation commission shall that is not designated on the Important Farmland
•y!•1
Series maps,the land shall qualif3T if it is (2) That.no beneficial_public.purpose would_be
predominantly prime agricultural land,as defined in served bT the continuation of the contract.
subdivision (c)of Section 51201. (d} A Briding that no authorid use mar:be
made of_a remnant contract parcel of five acres or
§_15112.96.9. Nonrenewal of a farmland security less left by public acquisition pursuant to Section
zone contract shall be pursuant to Article 3 51295,may be substituted for the finding in
(commencing with Section 512401,except as subdivision(a).
othe.rxvise provided in this article.
§51297.18All of the provisions.of Article.6
§51297. A petition for cancellation of a (commencing with Section.51290)shall apply to
farmland security zone contract created under this farmland security,zones created pursuant to this
article may be filed only by the landowner with the article except as specifically provided in this article.,
ciry or count\,N�--ithin which the contracted land is
located. The city or county may grant a petition only § 1297.2. No state agency,as_defined in Section
in accordance with the procedures provided for in 65934,or local agency;`as defined in Section 6930,
Article 5 (commencing«lith Section 51280)and only shall require any Iand to be.placed under a farmland
if all the folloTing requirements are met: security, zone contract as a condition of the issuance
(a) The cite or county shall make both of the of any entitlement to use or the-apprpyal of a
findings specified in paragraphs(1) and(2)of Iedative or adjudicate Te act involving,but not
subdivision(a)of Section 51282,based-on limited to,the planning,use,or development;of real
substantial evidence in the record. Subdivisions(b) property,or a change-of organization or
to (e),inclusive, of Section 512282 shall apply to the reorganization,as defined in Section 560.41 or 56073.
findings made b7 the city or county. No contract shall be executed as(a condition of an
(b) 1n its.resolution tentatively approving entitlement to use issued by an agency of the United
cancellation of the contract,the cite or county shall States government.
find all of t e-I following:
(1)That no beneficial public purpose would be §531247.3: Sections 51296.3 and 51296.4,shall
sen-ed b�;the continuation of the contract. not apply during the three=year period preceding the
(2)That the uneconomic nature of the termination of a farmland security zone contract.
agricultural use is primarily attributable to
circumstances beyond the control of the landovmer §5-1297.4. Nothing in Sections 51296 to
and the local government. 51297.4,inclusive,shall be construed to limit the
(3)That the landov mer has.paid a cancellation authorit��of a board to rescind a portion.or portions
fee equal to 25 percent of the cancellation valuation of a Williamson Act contract or contracts for the
calculated in accordance with subdivision(b}of purpose ofimmediatelyenrollinQ the land in a
Section 51283. farmland security zone contract so long as the
(e) The Director of Conservation approves the remaining land is retained in a Williamson Act
cancellation. The director may approve the contract and the board determines that its action
cancellation after revieNving the record of the would improve the conservation of agricultural land
tentative cancellation provided by the city or count", within the county u-here the rescission occurs. The
only if he or she finds.both of the following: creation of multiple.contracts under this section does
(1) That there is substantial evidence in the not constitute a subdivision of the land.
record supporting the decision.
Exhibit "D": CPC Public Hearinq Notice
NOTICE OF A
You are hereby notified that on TUESDAY, FEBRUARY 11, 2003 at 7:00 p.m. in Room
107, McBrien Administration Building,651 Pine Street, Martinez, California,the.County
Planning Commission will consider text amendment to the County Zoning Code
Ordinance as described as follows:
This is a County initiated proposal (County File # ZT 02-0002) to adopt several text
amendments to the Contra Costa County Zoning Code Ordinance relating to provisions
for the Williamson Act Program (California Land Conservation Act)that would conform
the County Zoning Code Chapters 84-42 and .810-1 to the California Land
Conservation Act of 1965, Government Code, Title 5, Division 1, Chapter 7, Sections
51200-51297.4.
For purposes of compliance with the provisions of the California Environmental Quality
Act (CEQA), staff has determined that the proposed text amendments to the County
Zoning Ordinance Code relating to provisions for the Williamson Act Program to
conform the Zoning Code to State Law are Categorically Exempt (Class 5 — Minor
Alterations in Land Use).
If you challenge the project in court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the County at, or prior to, the public hearing.
For further details, contact the Contra Costa County Community Development Department,
651 Pine Street, Martinez, California, or Patrick Roche at 925-335-1242.
Dennis M. Barry, AICP
Community Development Director
Exhibit "C": Report to County Planning Commission, 2/11/2003
establishes the minimum parcel size for land area eligible to be placed under a Williamson Act
contract,and also finds that said text amendments to County Code Chapter 84-42 and Chapter 810-2
are consistent with the guidance under the County General Plan to support,encourage,and promote
Agricultural Preserves(Williamson Act contracts)as a means to maintain land in agricultural use by
lowering property tax rates for participating farmers and ranchers.
BE IT FURTHER RESOLVED that the Secretary of the County Planning Commission shall
respectively sign and attest the certified copy of this resolution and deliver the same to the Board of
Supervisors all in accordance with the Planning Laws of the State of California.
The instructions by the County Planning Commission to prepare this resolution were given by
motion of the County Planning Commission on Tuesday,February 11,2003,by the following vote:
AYES: Commissioners - Wong, Battaglia, Clark, Hanecak, Mehlman, and
Terrell
NOES: Commissioners - None
ABSENT: Commissioners - Gaddis
ABSTAIN: Commissioners - None
Hyman Wong,
Chair of the County Planning Commission,
County of Contra Costa, State of California
ATTEST:
y
Dennis M. Barry, Secretary
County Planning Commission
County of Contra Costa
State of California
G:\Advance Planning\adv-plan\Board Orders\CPC RESOLUTION ON WILLIAMSON ACT TEXT AMENDMENTS.doc
RESOLUTION NO. 11-2003
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, RECOMMENDATIONS ON THE ON
COUNTY INITIATED TEXT AMENDMENTS TO MODIFY COUNTY CODE CHAPTERS
84-42 AND 810-2 RELATING TO THE WILLIAMSON ACT PROGRAM TO CONFORM
WITH STATE LAW, County File#ZT 02-0002
WHEREAS,Contra Costa County has been implementing at a local level the California Land
Conservation Act, better known as the Williamson Act Program, since 1968 when the Board of
Supervisors adopted Ordinance 68-53 which authorized the creation of Agricultural Preserves,the
establishment of the A-4 Agricultural Preserve Zoning District, and the provision for Land
Conservation Agreements (Williamson Act Contracts; and
WHEREAS,the purpose of the County's Williamson Act Program is to support,encourage,
and promote the continuation of agricultural land uses in Contra Costa County by lowering property
tax rates for participating farmers and ranchers; and
WHEREAS,when the A-4: Agricultural Preserve Zoning District was originally enacted it
established a twenty(20)acre minimum for land area to be placed under a Williamson Act contract
and it did not differentiate between prime and non-prime agricultural land; and
WHEREAS, after notice was lawfully given, a public hearing was scheduled before the
County Planning Commission on Tuesday,February 11,2003,whereas all persons interested might
appear and be heard; and
WHEREAS,on Tuesday,February 11,2003,the County Planning Commission having fully
reviewed, considered, and evaluated all the testimony and evidence submitted in this matter; and
WHEREAS, for purposes of compliance with provisions of the California Environmental
Quality Act and State and County CEQA guidelines, the project is Categorically Exempt (Minor
Alterations in Land Use Land Use Limitations Class 5; and
NOW,THEREFORE,BE IT RESOLVED that County Planning Commission of the County
of Contra Costa recommends for adoption to the Board of Supervisors of the County of Contra Costa
the text amendments as described in February 11, 2003 staff report and recommendations to the
County Planning Commission,which will modify County Code Chapter 84-42 and Chapter 810-2
relating to the Williamson Act.
BE IT RESOLVED that County Planning Commission of the County of Contra Costa finds
that the proposed text amendments to County Code Chapter 84-42 and Chapter 810-2 relating to the
Williamson Act Program,as described in February 11,2003 staff report and recommendations to the
County Planning Commission, will bring Contra Costa County's Williamson Act Program into
substantial consistency with California Government Code Section 51222,the section of state law that
Exhibit "B": County Planning Commission Resolution No.11-2003
ED
APR 14 2003
CLERK BOARD OF StlPERVfSORS
CONTRA CpSrA CO.
C & R RANCH
P.O. BOX 2632 MARTIN CA. 94553
9254-229-3140 FAX 925-229-3140
Clerk of the board
Re; Hearing on the contra costa planning commission recommendation to amend the
county code chapters 8442 and 810-2 relating to the Williamson act program.
ItemD.6 Agenda for April 15, 2002.
would like to go on record as opposing any changes to the contract t entered into the
mid 1970's with contra costa county when I put my property APN#367-024001-7 and
APN#362-180-002-2 into the Williamson act program. It is my understanding that this
was a bi-lateral contract and that the terms and conditions can not be changed without
the consent of both parties. Of particular concern are changes to the minimum lot size
from 20 acres to 40 acres.
THANK YOU
ROBERT H. CHAPMAN
P.O. BOX 2632, MARTINEZ, CA. 94553
11EC D
APR 14 2003
CLERK BOARD pF SUPERVISORS
CONTRA COSTA CO.
C & R RANCH
P.O. BOX 2632 MARTINEZCA.. 94553
925o.229-3140 FAX 925-229-3140
Clerk of the board
Re; Hearing on the contra costa planning commission recommendation to amend the
county code chapters 84-42 and 810-2 relating to the Williamson act program.
ItemD.6 Agenda for April 15, 2002.
1 would like to go on record as opposing any changes to the contract t entered into the
mid 1970's with contra costa county when t put my property APN#367-020-001-7 and
APN#362-180-002-2 into the Williamson act program. It is my understanding that this
was a bi-lateral contract and that the terms and conditions can not be changed without
the consent of bath parties. Of particular concern are changes to the minimum lot size
from 20 acres to 40 acres.
P4ANK YOU
ROBERT H. CHAPMAN
P.O. BOX 2632, MARTINEZ, CA.94553
NOTICE OF PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY
BOARD OF SUPERVISORS ON PLANNING MATTERS
COUNTYWIDE
Notice is hereby given that on Tuesday, April 15, 2003, at 1:30 p.m., in the County
Administration Building, Board Chambers, 651 Pine Street (Corner of Pine and Escobar
Streets), Martinez, California, the Contra Costa County Board of Supervisors will
conduct a public hearing to consider the following planning matter:
This is a proposal to repeal Chapter 84-36 of the County Ordinance Code
to eliminate the A-1: Light Agricultural District as mandated under the
County General Plan. The elimination of the A-: Light Agricultural
District will require modifications to the A-2: General Agricultural
District and A-3: Heavy Agricultural District text to remove reference to
the A-1: Light Agricultural District; County File#ZT 02-0007.
The proposed text amendments to the Contra Costa County Zoning Ordinance Code
relating to provisions for the Williamson Act Program would apply to the unincorporated
territory of the County of Contra Costa, State of California.
For purposes of compliance with the California Environmental Quality Act(CEQA), staff
has determined that the proposed text amendments to the County Zoning Ordinance Code
relating to provisions of the Williamson Act Program to conform the Zoning Code to
State Law are Categorically Exempt (Class 5- Minor Alterations in Land Use).
If you challenge this matter in Court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in the notice, or in written
correspondence.
Prior to the hearing, Community Development Department staff will hP aX»41 nU1' ---
Tuesday, April 15 nn� �* ' • -
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above-entitled
matter.
I am the Principal Legal Clerk of the Contra Costa Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of
October 22, 1934. Case Number 19764.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates, to-wit:
April 3
all in the year of 2003
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
ExecFaatEalnut Creek, Cal' nia.
Onof April, 2003
..... ..... .........................................
SignContimes
PO
Walnut Creek, CA 94596
(925) 935-2525
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)
NOTICE OF
PUBLIC HEARING BEFORE
THE CONTRA COSTA
COUNTY BOARD OF
SUPERVISORS ON
PLANNING MATTERS
COUNTYWIDE
Notice is hereby given
that on Tuesday,April 15,
2003, at 1:30 p.m., in the
County Administration
Building,Board Chambers,
651 Pine Street(Corner of
Pine and Escobar Streets),
Martinez, California, the
Contra Costa County
Board of Supervisors will
conduct a public hearing
to consider the following
planning matter:
This is a proposal to re-
peal Chapter 84-36 of the
County Ordinance Code to
eliminate the A-1:: Light
Agricultural District as
mandated under the Coun-
ty General Plan.The elim-
ination of the A-:Light Ag-
ricultural District will re-
quire modifications to the
A?12: General Agricultural
District and A-3: Heavy
Agricultural District text
to remove reference to
the A-1:Light Agricultural
District; County File #ZT
02-0007.
The proposed text amend-
ments to the Contra Costa
County Zoning Ordinance
Code relating toprovi-
sions for the Williamson
Act Program would apply
to the unincorporated ter-
ritory of the County of
Contra Costa, State of
California.
For purposes of compli-
ance with the California
Environmental Quality Act
(CEQA), staff has deter-
mined that the proposed
text amendments to the
County Zoning Ordinance
Code relating toprovi-
sions of the Williamson
Act Program to conform
the Zoning Code to State
Law are Categorically Ex-
empt (Class 5- Minor Al-
terations in Land Use).
if you challenge this mat-
ter in Court, you may be
limited to raising only
those issues you or some-
one else raised at the pub-
iic hearing described in
the notice, or in written
correspondence.
Prior to the hearing,Com-
munity Development De-
partment staff will be a-
vailable on Tuesday,April
15, 2003, at 1:00 p.m. in
Room 1.08,Administration
Building, 651 Pine Street,
Martinez,CA,to meet with
any interested persons in
0 er to(1)answer ques-
tions;(2)review the hear-
ing procedures used by
the Board; (3)clarify the
issues being considered
by the Board; and, (4)
provide an opportunity to
Identify, resolve, or nar-
row any differences which
remain In dispute. If you
wish to attend this meet-
ing with staff,please call
Patrick Roche,community
Development Department,
at (925) 335-1242 by 3:00
NNm on Monday,April 14,
. to confirm your
participation.
Date:March 27,2003
JOHN SWEETEN,
Clerk of the Board of the
Board of Supervisor and
County Administrator
BY:/s/Danielle Kelly,
Deputy Clerk
Legal CCT 7242
Publish April 3,2003