Article II — AGRICULTURAL PRESERVES

(A) Intent. The California Land Conservation Act of 1965 (Cal. Gov’t Code §§ 51200 et seq.; the “Act”) authorized counties to establish agricultural preserves. The purposes of the Act are to maintain the agricultural economy of the state and to prevent premature and unnecessary conversion of land from agricultural uses. The Board of Supervisors of the county finds it to be in the public interest to assist in the maintenance of the state’s agricultural economy and to avoid the conversion of land from agricultural uses by establishing agricultural preserves by entering into contracts with landowners (LCA contracts) as authorized by the Act. The Act authorizes counties to establish the procedures for initiating, filing and processing requests for establishment of agricultural preserves. The Board intends to implement the act by adopting this article. (B) Definition of an “agricultural preserve”. AGRICULTURAL PRESERVE. An area devoted either to agricultural use or as specified herein, a use compatible to agriculture. Once an agricultural preserve is created, its value is assessed as provided in the Act. (C) Board approval required. No person shall establish a new agricultural preserve, nor alter the physical boundaries of an existing agricultural preserve, nor cancel an existing LCA contract without the approval of the Board pursuant to this article. No person shall perform any activity on an agricultural preserve which is incompatible with the uses authorized by this article. (1966 Code, § 18A-1) (Ord. 582, § 2(part))

(A) New preserves. (1) Contiguous parcels in common ownership. An agricultural preserve shall be created only from one parcel, or portion thereof; or from two or more contiguous parcels, or portions thereof, in a common ownership. For purposes of this section, preserves separated by public roads or other public works shall be deemed to be “contiguous”. (2) Merger. When an owner of one agricultural preserve acquires any contiguous agricultural preserves the preserves shall merge into one agricultural preserve and the owner shall execute a new contract which incorporates the boundaries of all merged agricultural preserves. There shall be no merger if any of the contiguous agricultural preserves are in non- renewal status. (3) Preserves; requirements. New agricultural preserves must meet the minimum acreage and minimum income generation requirements specified in division (D)(1) of this section. No new agricultural preserve shall be established unless the Board finds all of the requirements in division (D)(1) of this section are met. (4) Planned developments. No agricultural preserve shall be created from a parcel which is part of a planned unit development. Nor can a planned unit development be created on any agricultural preserve. (B) Alterations of existing agricultural preserves. (1) Enlargements. The minimum acreage and income generation requirements shall not apply to enlargement of existing agricultural preserves. The sole criterion for consideration of the enlargement of an existing agricultural preserve is whether the proposed addition is capable of some agricultural use. However, no agricultural preserve shall be enlarged unless the parcel, or portion thereof, sought to be included is contiguous to the existing agricultural preserve and is owned by the same owner who owns the existing agricultural preserve. An agricultural preserve shall not be enlarged if a notice of non- renewal of the land conservation contract relating thereto has been given either by the owner of the agricultural preserve or by the county prior to the making of an application for enlargement. (2) Divisions. (a) Minimum standards. The Board shall approve the division of an existing agricultural preserve only if it finds that the newly created agricultural preserves will each meet the minimum acreage and income generation requirements.

(b) Multiple ownership, non- contiguous parcels. No new agricultural preserves may be created unless the proposed preserves are non-contiguous parcels in common ownership, or contiguous parcels in different ownership or, a combination of both. (c) Common ownership of contiguous agricultural preserves. When an existing preserve is to be divided and the proposed owner of a portion thereof is the owner of a contiguous agricultural preserve, both the parcel resulting from a division and the existing preserve shall be placed in one preserve; provided that a notice of non-renewal has not been given with respect to either preserve. The division shall not be effective until a new LCA contract incorporating all contiguous preserves is executed. (d) Dividing an agricultural preserve which is in a non-renewal status. An agricultural preserve which is in a non- renewal status, may be divided, at the discretion of the Board of Supervisors, providing all provisions of this article are met. (e) Completion of division. No approval of a division shall be deemed final until such time as separate LCA contracts are executed with respect to each new agricultural preserve created by the proposed division. (3) Adjustment to lot lines. (a) Lot line adjustments between agricultural preserves. The owners of contiguous preserves may apply to adjust the lot lines between the two preserves. The proposed preserves must meet the minimum acreage and income production requirements specified in division (D)(1) of this section. (b) Adjustment of the boundary between an agricultural preserve and a non-preserve. A lot line adjustment between an agricultural preserve and a non-preserve shall be treated as an enlargement or a division of the agricultural preserve depending on whether the size of the agricultural preserve is sought to be increased or decreased. (C) Non-renewals and cancellations. An agricultural preserve may be terminated by non- renewal of the LCA contract or by cancellation of the LCA contract. A notice of non-renewal may be given by either the county or the owner of the agricultural preserve. The procedures specified in the act govern non-renewals and cancellations. (D) Preserves; requirements. (1) General. Agricultural preserves must meet both of the following minimum acreage and minimum income generation requirements. (a) Minimum required acreage. A potential or existing agricultural preserve must consist of one of the following categories of minimum acreage. 1. Ten acres of orchards, vineyards or irrigated vegetable and field crops; 2. Forty acres of irrigated pasture or dry-land farmed land; 3. One hundred sixty acres of grazing land; or 4. A combination of actual acreage in any of the above categories; provided that the sum of the percentages in any of the above categories equals or exceeds 100%. The percentage of acreage in each category is calculated by dividing the actual acreage in each category by the minimum acreage required in that category. For example, a proposed preserve with five acres orchard, ten acres irrigated pasture and 40 acres grazing would not qualify to become a preserve under divisions (D)(1)(a)1., 2. or 3. above. The property would in the example, however, satisfy the minimum acreage requirement under this division by the following computation:

5 actual acres of orchard 50% 10 minimum required acres for orchard 10 actual acres of irrigated pasture 25% 40 minimum required acres 40 actual acres of grazing land 25% 160 minimum required acres 50% + 25% + 25% = 100%

(b) Minimum income generation. A new or existing agricultural preserve shall produce a minimum of $3,500 annual

gross income from the sale of agricultural commodities. An agricultural preserve shall produce this minimum income amount for three out of every immediately preceding five consecutive year period, absent an act of God which prevents the achievement of this standard. An example of an act of God is an extended drought which prevents the achievement of the minimum income generation requirement. Prior to approving a new agricultural preserve, the Board shall find that the proposed agricultural preserve meets or will meet the minimum income generation standard. (2) New planting. New plantings of trees, vines or other perennial agricultural crops qualify for the minimum requirement if the potential production is estimated to equal or exceed the minimum income and the plantings satisfy the minimum acreage requirements. (3) Preserves of less than 100 acres. The requirements of division (D)(1) of this section provide for the creation of agricultural preserves of less than 100 acres under prescribed acreage and income generation requirements. The Board

finds that the creation of preserves of less than 100 acres under the conditions prescribed in division (D)(1) of this section is necessary due to existing and desired agricultural practices in the county. The Board further finds that the establishment of agricultural preserves of less than 100 acres is consistent with the General Plan of the county. (4) Road improvements. In the event a proposed new agricultural preserve will have less than the minimum acreage required, the agricultural preserve shall still qualify if this division is applicable. Acreage of up to one acre of contiguous county or state road can be used by an applicant to satisfy the minimum acreage requirement, if all of the following requirements are met: (a) The acreage was transferred in fee simple absolute to the county or to the state; (b) The county or the state still holds title to the property; (c) The property is contiguous to the proposed agricultural preserve; (d) The property is public thoroughfare; and (e) The proposed agricultural preserve meets or exceeds the minimum income production requirements. (5) Failure to continue to meet minimum acreage and income generation requirement. (a) Failure to meet the requirements. An owner of an agricultural preserve shall non-renew the LCA contract if the agricultural preserve fails to meet or exceed the minimum acreage or income generation requirements. The notice of non- renewal shall be given before the owner of an agricultural preserve takes any action to reduce acreage. The failure to maintain the minimum acreage or income generation requirements without giving a notice of non-renewal constitutes a violation of this article. The failure to meet these requirements also constitutes a basis for nonrenewal of the LCA contract by the county. (b) Submission of supporting information. Annually, by November 30, each year the owner of an agricultural preserve shall provide to the Assessor supporting documentation to establish that the income production and acreage requirements have been met during the preceding year. (1966 Code, § 18A-2) (Ord. 582, § 2(part); Ord. 672, § 1)

(A) Form, content and purpose of contracts. The Board shall, by resolution, approve the form and content of the Land Conservation Act contract (LCA contract). The county and all owners of a potential agriculture preserve shall enter into a contract as a prerequisite to the establishment of an agricultural preserve. The purpose of the contract shall be to govern the rights and responsibilities of the parties, with the ultimate goal of preserving agricultural land in the county. The LCA contract shall qualify as an enforceable restriction as specified in Cal. Revenue and Taxation Code § 422. (B) Duration. The initial term of each contract shall be ten years. Each contract shall provide that on the anniversary date of the contract, a year shall be automatically added to the initial term unless a notice of non-renewal is given. (C) Signature of the Chairperson of the Board. At the time of establishing agricultural preserves, or thereafter, the Board, by resolution, may authorize the Chairperson of the Board to sign the land use contract with the owners. (D) Applicability of state law. All operative provisions of the Act relevant to the nature of LCA contracts shall apply. (1966 Code, § 18A-3) (Ord. 582, § 2(part))

(A) General principles. The primary purposes of the creation of agricultural preserve is to foster agriculture and to preserve agricultural land. The determination of compatible use shall be made in light of these principles. Agricultural use is any use of land for the purpose of producing an agricultural commodity for commercial purposes. Agricultural commodities are any and all plant and animal products produced for commercial purposes. (B) Categories o£ compatible uses. The following uses are deemed compatible. The following compatible uses shall not be used in calculating the minimum acreage requirements of an agricultural preserve. (1) The use and conservation of natural resources, which include: (a) The mining and processing of minerals, petroleum products, rock, sand, gravel and clay. Processing is compatible only if it involves only the use of on-site required materials, except for water. Processing includes, without limitation, crushing, washing and screening; (b) Forestry and production of wood products; (c) Dams, reservoirs, water facilities; (d) Fire prevention facilities; and (e) Flood control works.

(2) Outdoor recreation only if the recreation is incidental, and not detrimental to the agricultural use. Recreational use is the use of land by the public, with or without charge, for any of the following: walking, hiking, picnicking, camping, swimming, boating, fishing, hunting, parks or other outdoor games or sports for which facilities are provided for public participation; (3) Signs appurtenant to any authorized use; (4) Signs of property for sale; (5) Communication facilities or public utility facilities; (6) Home occupations; (7) Event centers; (8) Wineries; (9) Small solar projects for the operation of a farm or ranch; (10) Vegetable processing plants; (11) Meat processing plants; (12) Airplane runway strips for landowner's non-commercial use; (13) Any use which was approved by the Board and which existed at the time is included in a preserve; (14) Any use required to be permitted by the Act; and (15) Any other similar compatible use as determined by the Board upon a finding that the proposed use is incidental and not detrimental to agricultural use. (C) Structures. No structures shall be constructed or placed upon land in an agricultural preserve except those structures related directly to an agricultural or compatible use. One dwelling unit shall be permitted if no dwelling unit exists. Additional dwellings units shall be limited to those necessary for the operation of the agricultural preserve. Any structures existing in an agricultural preserve before the operative date of the ordinance codified in this article, including dwelling units, which structures are inconsistent with the current requirements of this article shall be deemed legal non-conforming structures. A legal non-conforming structure shall be allowed in an agricultural preserve, but it may not be enlarged, nor may its use be altered, without prior Board approval. With prior Board approval, a legal non-conforming structure may be reconstructed or may be relocated within the agricultural preserve. The Board’s approval shall be conditioned upon a timely destruction of the original non-conforming structure. The Board shall condition any approval to ensure that the agricultural production of the agricultural preserve is not substantially impaired or reduced. The Board shall include as part of such conditions a condition that the owner of the agricultural preserve maintain the same amount of area of agricultural production after the reconstruction or relocation. In no event shall a relocated or reconstructed structure exceed the square footage of the footprint of the previously existing structure, unless the Board determines the agricultural production of the agricultural preserve will not be substantially impaired or reduced. For the purposes of this division, FOOTPRINT shall mean the exact outer perimeter of the previously existing structure, determined by computing the area within the surrounding exterior walls of the legal non- conforming structure, including the walls themselves. (D) “Incidental” defined. For purposes of this article, the term INCIDENTAL means secondary in terms of acreage. (E) Board review. No agriculture preserve shall be created, enlarged, divided or adjusted until the proposed use is determined by the Board to be a compatible use. No category of use of an agricultural preserve shall change until the Board determines that the proposed use is compatible. The Board shall impose any reasonable conditions upon a use to insure the use’s compatibility as specified in this section. (F) Compatible uses. (1) Uses approved as compatible on agricultural preserves shall be consistent with all of the following principles of compatibility: (a) The use will not significantly compromise the long-term productive agricultural capability of the subject agricultural preserve or on other surrounding agricultural preserves. (b) The use will not significantly displace or impair current or reasonably foreseeable agricultural operations on the subject agricultural preserve or on other surrounding agricultural preserves. Uses that significantly displace agricultural operations on a portion of the subject agricultural preserve may be deemed compatible if they relate directly to the production of commercial agricultural products on the remaining portion of the agricultural preserve or on neighboring lands, including activities such as harvesting, processing or shipping. (c) The use will not result in the significant removal of adjacent agricultural preserves from agricultural or open-space use. (2) In evaluating compatibility, the Board shall consider the impacts on non-contracted lands near the agricultural preserve. (G) Non-conformance with principles of compatibility. A use that does not conform to the principles of compatibility set forth in division (I) below may nevertheless be approved by the Board only if the use is proposed to be located on non-prime

lands and if the requirements of division (H) below are satisfied. (H) Criteria for non-prime land. (1) In applying the criteria pursuant to division (F) above, the Board may approve a use on non-prime land which, because of onsite or offsite impacts, would not be in compliance with divisions (F)(1) and (2) above, provided the compatible use application is approved conditionally with findings based on substantial evidence in the record, demonstrating the following: (a) Conditions have been required for, or incorporated into the use that mitigate or avoid those onsite and offsite impacts so as to make the use consistent with the principles set forth in divisions (F)(1) and (2) above to the greatest extent possible while maintaining the purpose of the use; (b) The productive capability of the subject land has been considered as well as the extent to which the use may displace or impair agricultural operations; (c) The use is consistent with the purposes of this article to preserve agricultural and open-space land or supports the continuation of agricultural uses, as defined in this article and in Cal. Gov’t Code § 51205, or the use or conservation of natural resources, on the subject agricultural preserve or on other surrounding agricultural preserves. The use of mineral resources shall comply with division (I) below; and (d) The use does not include a residential subdivision. (2) For the purposes of this division, NON- PRIME LAND means land not defined as “prime agricultural land”, pursuant to Cal. Gov’t Code § 51201(c), or as land not classified as “agricultural land”, pursuant to Cal. Public Resources Code § 21060.1(a). (I) Compatible uses; mineral extraction. (1) Mineral extraction that is unable to meet the principles of division (H) above may nevertheless be approved as compatible use if the Board is able to determine based upon substantial evidence in the record that: (a) The underlying contractual commitment to preserve prime land as defined in Cal. Gov’t Code § 51201(c); and/or (b) The underlying contractual commitment to preserve non-prime land for open-space use as defined in Cal. Gov’t Code § 51201(c), will not be significantly impaired. (2) Conditions imposed on mineral extraction as a compatible use of an agricultural preserve shall include compliance with the reclamation standards adopted by the Mining and Geology Board pursuant to Cal. Public Resources Code § 2773, including the applicable performance standards for prime agricultural land and other agricultural land. No exception to these standards shall be permitted. (J) Definition of “agricultural preserve”. For purposes of this section, an AGRICULTURAL PRESERVE means all land under a single contract for which an applicant seeks a compatible use permit. (1966 Code, § 18A-4) (Ord. 582, § 2(part); Ord. 607, § 1, 1991; Ord. 665, § 1; Ord. 979, § 1, 2019)

(A) Creation, composition. (1) There shall be an advisory committee known as the Agricultural Preserve Advisory Committee. The committee formerly known as the LCA Advisory Committee, shall constitute the Agricultural Preserve Advisory Committee. The Agricultural Preserve Advisory Committee shall consist of seven members, all of whom shall be engaged in agriculture as a primary occupation, retired therefrom, or be knowledgeable about agriculture. Five of the seven members shall be “district members”. Two of the seven members shall be at-large members. (2) Each supervisor for the county shall appoint one resident of that supervisor’s district to serve as a district member. The district member shall serve at the pleasure of the appointing supervisor. The entire Board shall appoint the two at-large members, who are residents of the county and who shall serve at the pleasure of the Board. (3) All appointments shall be reviewed annually in January. A member of the Agricultural Preserve Advisory Committee shall continue to serve until replaced by a qualified successor. (B) Responsibilities. The Agricultural Preserve Advisory Committee has the following responsibilities: (1) The Agricultural Preserve Advisory Committee shall review any application to establish new agricultural preserves or any application to alter existing agricultural preserves. Upon conducting a review of an application, the Committee shall forward its recommendation to the Board for review as more particularly described in § 19.01.023. (2) Pursuant to § 19.01.025, the Agricultural Preserve Advisory Committee shall review any request for a determination of compatible use and make recommendation to the Board. (3) At the request of the Board, the Agricultural Preserve Advisory Committee shall advise the Board on the administration of agricultural preserves in the county and on any matters relating to contracts entered into pursuant to this article.

(4) Notwithstanding this division, the Chairperson of the Agricultural Preserve Advisory Committee, with the advice of the assessor, shall review any compatible use request to place a temporary dwelling unit on an existing agricultural preserve and make recommendations to the Board. Notwithstanding § 19.01.025 of this article, an application for determination of compatible use of the placement of a temporary dwelling unit may be made at any time. (C) Meeting: administration. The Agricultural Preserve Advisory Committee shall meet regularly twice a year. The Committee may also hold special meetings whenever necessary. The Brown Act, Cal. Gov’t Code §§ 54950 et seq., shall apply to the meetings of the Agricultural Preserve Advisory Committee. The Assessor shall administer this article and provide administrative functions for the Committee. The Director of the University of California Extension shall be the ex- officio clerk of the Agricultural Preserve Advisory Committee. (1966 Code, § 18A-5) (Ord. 582, § 2(part); Ord. 618, § 1; Ord. 730, § 1)

AGRICULTURAL PRESERVES OR FOR DETERMINING COMPATIBLE USES. (A) Procedures applicable to all applications. The procedures specified in this section shall apply to all applications whether the applicant seeks to establish a new agricultural preserve, alter existing agricultural preserves or obtain a determination of compatible uses. The applications include, but are not limited to, applications to establish a new agricultural preserve, to enlarge an existing agricultural preserve, to divide an existing agricultural preserve, to adjust the lot line of agricultural preserves, to cancel an agricultural preserve, or to obtain a determination of compatible use of an agricultural preserve. (B) Application period. All applications shall be filed during either of two applications periods: (1) Application period. The application periods are: (a) March 1, through and including March 31; and (b) September 1, through and including September 30. (2) Mandatory time periods. No applications shall be accepted unless filed with the county’s Assessor during either of the periods of time specified in this section. There shall be no waiver of this filing period requirement. All applications shall be made upon forms furnished by the County Assessor. (C) Application fee. Each application shall be accompanied by a non-refundable fee in an amount to be determined by resolution of the Board of Supervisors. (D) Contents of application. The application shall identify the owner, locate the property, indicate the size of the property, state any current or proposed uses of the property and provide any information relevant to the application. (E) Review of application by Agricultural Preserve Advisory Committee. (1) Upon the filing of an application, the County Assessor shall check and verify for accuracy the application, and forward the application to the Agricultural Preserve Advisory Committee for review and recommendation. (2) Upon the conclusion of the review by the Agricultural Preserve Advisory Committee, the County Assessor shall forward the application along with the Committee’s determination to the County Clerk who shall give notice in the manner required by the Act. (F) Consideration of application by the Board. (1) Public hearing. The Board shall, by written resolution, authorize the establishment of an agricultural preserve, alteration of an agricultural preserve or make a determination of compatible uses of an agricultural preserve, only after conducting a public hearing; provided, however, that all of the requirements of this article and the Act are satisfied. (2) Completed documents. Prior to the hearing upon each application, the applicant shall file with the Assessor all required documents, fully executed by the applicant. All new contracts, enlargements of contracts, divisions of existing contracts or lot line adjustments must include a complete legal description or survey adequate to identify the land and acreage in each proposed preserve. Assessor’s parcel numbers may be substituted for a legal description or survey if they exactly correspond to the boundaries of the proposed preserve. (G) Establishment of agricultural preserves. A new agricultural preserve is established only when all requirements of this article and the act are satisfied, when all conditions of approval are fulfilled, and when a land conservation contract is executed by the owner of the potential agricultural preserve and by the county. (H) Time for completion. An applicant shall complete the creation of a new preserve, the enlargement or division of an existing agricultural preserve or the adjustment of a lot line of an agricultural preserve within two years from the date the Board grants its approval. An agricultural preserve shall not be created until all of the requirements of this article, including, but not limited to, the execution of contracts and the transfer of title, are met, and until all necessary discretionary government approvals are obtained. The failure of an applicant to complete the process within the specified time period for whatever reason, shall void an application and an approval. There shall be no extension of time for this requirement for any reason. The application shall not be subsequently considered or reconsidered unless a new application, accompanied by a new application fee is filed within the application period designated in division (B) of this section.

(1966 Code, § 18A-6) (Ord. 582, § 2(part); Ord. 690, § 1)

(A) Pending applications. (1) Pending matters; Planning Commission action; stayed. Any matter before the Planning Commission involving a determination under this article or the act shall be deemed incomplete and shall be held until a final determination of the question arising under this article or under the act. (2) Exceptions. An application to subdivide land under an LCA contract which will terminate in one year or less may be deemed complete and may be considered by the Planning Commission. However, if the application is approved, no structures shall be built nor shall the use of the property be altered until the LCA contract terminates, nor can a final map be filed. (B) Board administration regulations. The Board shall have authority to enact uniform rules by resolution for the administration of the preserves. (C) Terminology. Unless the context otherwise requires language indicating singular includes the plural, and the language specifying the masculine includes the feminine. (D) Payment of funds. No payment of public funds will be made as a part of consideration for the entering into of any agreement authorized by the act. (E) Legal non-conforming agricultural preserves. Unless the agricultural preserve is in non- renewal status, all agricultural preserves and compatible uses existing at the operative date of the ordinance codified in this article, shall remain an appropriate agricultural preserve, notwithstanding the failure to meet minimum requirements. However, all agricultural preserves preexisting this article shall continue in commercial production of agricultural commodities. The owner of a legal non-conforming agricultural preserve shall comply with this article if the owner divides or otherwise alters the existing agricultural preserve. (1966 Code, § 18A-7) (Ord. 582, § 2(part))

The Board enacts the ordinance codified in this article pursuant to its police power for the purpose of preserving the health, safety and public welfare of the residents of the county. The Board finds that agriculture is extremely important to the county’s economy and that insuring the continued agricultural commodities is essential to the health and well being of the county residents. The Board determines that the enforcement of this article is essential and therefore the Board adopts all the provisions of the Code Enforcement Ordinance (Ord. 567) as though the provisions were specified in this article. Violation of this article shall be punished only by resort to civil remedies. (1966 Code, § 18A-8) (Ord. 582, § 2(part))