Contra Costa County Municipal Code § 810-4.406 Standards—Land use restriction

Upon authorization by board resolution, its chairman may execute for the county, land conservation contracts with the owners of land located within agricultural preserves, pursuant to the California Land Conservation Act.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

The board, by resolution, shall promulgate a standard form of land conservation contract, which may include provisions additional to, but not conflicting with those in this chapter.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Article 810-4.4. Standards

Land conservation contracts shall comply with the following uniform standards as set forth in Sections 810-4.404 through 810-4.412.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Contracts shall be for a term of ten years renewable annually in the manner provided in Government Code Section 51244.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Contracts shall include landowner promises to restrict the use of the land to those commercial agricultural and compatible uses allowable in an agricultural preserve district (as set forth in Chapter 84-42).

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Contracts shall provide that, if the landowner fails to comply with the agreement's terms and conditions so as to render the land or a portion thereof unfit for further agricultural use, the owner 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).

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 § 1 (part), 1969).

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

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).