Murrieta Municipal Code § 16.50 Agricultural Preserves and Land Conservation Contract Actions

The purpose of this chapter is to provide for and protect lands for which Williamson Act contracts have been or should be signed. Allowed land uses are limited to agricultural crop production, grazing, and limited sales of agricultural products.

(Ord. 182 § 2 (part), 1997)

Applications for the cancellation, establishment, expansion, or other amendments to a land conservation con-tract, established in compliance with state law (California Land Conservation Act of 1965 (Williamson Act)), may be made only by the city, the property owner(s). or authorized representative (s).

(Ord. 182 § 2 (part). 1997)

The following conditions shall exist to quality for an agricultural preserve contract in compliance with the Land Conservation Act of 1965:

A. Agricultural Use. The agricultural use of the subject property is consistent with the objectives, policies, general land uses. and programs of the general plan and any applicable specific plan:

B. Agricultural Production. The subject property has been under agricultural production for a minimum period of five years before the date of application for the contract;

C. Minimum Acreage. The subject property shall consist of a minimum often acres wider single or joint ownership; and

D. Contract Length. The minimum contract length is ten years.

(Ord. 182 § 2 (part), 1997)

A. Director's Recommendation. Upon the acceptance of a completed application. the director shall review the application for compliance with the provisions of this development code and state law (Government Code Section 51200 et seq.). The director shall prepare a written recommendation and forward the recommendation, application, and other relevant materials to the city clerk.

B. For the Establishment or Expansion of a Land Conservation Contract.

1. Notice and Public Hearing. The city clerk shall notice and the council shall conduct a public hearing and take action upon the application, in compliance with Chapter 16.76 (Public Hearings).

2. Council's Action. The council shall act to approve, approve with modifications, or disapprove the application in compliance with Section 16.50.030 (Qualifications), above. Action by the council to approve in any form shall be by ordinance.

C. For the Cancellation of a Land Conservation Contract.

1. City Initiated. The city clerk shall notice and the council shall conduct a public hearing and take action upon a city initiated application, in compliance with Chapter 16.76 (Public Hearings).

2. Property Owner Initiated. A noticed public hearing shall not be required for the council's consideration of a property owner initiated application.

3. Council's Action. The council shall act to approve, approve with modifications. or disapprove the application in compliance with Section 16.50.050 (Findings Required for Cancellations), below. Action by the council to approve in any form shall be by ordinance.

(Ord. 182 § 2 (part), 1997)

The council shall be required to make the following findings of fact before acting to cancel a land conservation contract. The council shall find that the cancellation is:

A. Consistent with the purposes of the Williamson Act;

B. For land on which a notice of nonrenewal has been served in compliance with state law (Government Code Section 51245):

C. Not likely to result in the removal of adjacent lands from agricultural use;

D. Not likely to result in discontiguous patterns of development;

E. Consistent with the objectives, policies, general land uses. and programs of the general plan and any applicable specific plan: and

F. In the public interest.

(Ord. 182 § 2 (part), 1997)