Mountain House Municipal Code Ch. 3 Application and Approval of Contract

The intent of this Chapter is to provide a method for executing a contract, as provided in the Williamson Act.

(Ord. 2024-18, § 1(Exh. A), 2024)

A contract application shall include all documentation, maps, or other information required by the Director. Contract applications which request the execution of a contract may be initiated only by the individual property owner or his designated agent and shall be subject to the following additional requirements:

(a) Location Within Agricultural Preserve. A parcel for which contract status is sought shall be located within an Agricultural Preserve.

(b) Minimum Parcel Size. Parcels shall meet the lot size requirements of this section.

(1) The minimum size parcel of prime agricultural land which will qualify for a contract shall be twenty (20) acres; and

(2) The minimum size parcel of other than prime agricultural land which will qualify for a contract shall be forty (40) acres.

(Ord. 2024-18, § 1(Exh. A), 2024)

Any contract which is entered into shall comply with the provisions of this Section.

(a) Board Resolution. The contract shall be subject to the Resolution of the City Council concerning the Williamson Act.

(b) Uses. Property under contract shall be limited to those uses specified herein.

(1) The following uses or use types:

(A) Residential:

(i) Family Residential: Single-Family;

(ii) Family Residential: Two-Family;

(iii) Farm Employee Housing;

(iv) Second Unit Dwelling;

(B) Aerial Services: Farm;

(C) Agricultural Organizations;

(D) Agricultural Processing;

(E) Agricultural Warehousing;

(F) Agricultural Wastes;

(G) Animal Feeding and Sales;

(H) Animal Raising;

(I) Animal Specialty Services: Farm and Kennel;

(J) Child Care Services: Family Day Care Homes;

(K) Crop Production;

(L) Dairies;

(M) Equipment Sales and Repair: Farm Machinery;

(N) Farm Services;

(O) Major Impact Services;

(P) Nursery Sales and Services;

(Q) Petroleum and Natural Gas Extraction;

(R) Produce Sales;

(S) Public Services: Essential;

(T) Quarry Operations, provided it is rehabilitated for agricultural uses;

(U) Stables;

(V) Recreation: Marinas; Utility Services; and

(W) Wineries and Wine Cellars.

(2) Accessory uses allowed by Table 9-6-2.2.

(3) Temporary uses allowed by Table 9-6-2.3.

(4) Sales and distribution of agricultural chemicals and fertilizers, if the operation consists primarily of dispatching less than truckload lots and/or the delivery of agricultural chemicals and fertilizers is by means of grower-operated equipment.

(5) Such outdoor recreational activities as permitted by the Williamson Act, Government Code Section 51201(n) except camping. This exception applies only to properties under contract that have a zoning designation of Agriculture Resource Management and have a use permit for a nature preserve.

(6) Such outdoor recreational activities which can be carried out in conjunction with the continued agricultural usage of the land.

(7) Other uses, except residential subdivisions, which are comparable to or no more intensive than those uses enumerated in subsection (b) shall be permitted if they adhere to the Williamson Act principles of compatibility as stated below:

(A) Shall not significantly compromise the long-term productive agricultural capability of the property, or of other contracted land;

(B) Shall not significantly displace or impair current or reasonably foreseeable agricultural operations on the parcel or on other contracted lands; and

(C) Shall not result in the significant removal of adjacent contracted land from agricultural or open-space use.

(Ord. 2024-18, § 1(Exh. A), 2024)

Contract applications shall be reviewed by the Community Development Department and by the City Attorney prior to their submittal to the City Council. The Board shall take final action on the contract application.

(Ord. 2024-18, § 1(Exh. A), 2024)