San Bernardino County Municipal Code Ch. 86.10 Agricultural Preserves/Land Conservation Contract Actions

This Chapter provides procedures to disestablish, establish, expand, or reduce an Agricultural Preserve boundary and/or cancel or establish a Land Conservation Contract in compliance with the California Land Conservation Act of 1965 for the management and preservation of agricultural lands within the County.

(Ord. 4011, passed - -2007)

(a) When a Public Hearing Is Required. All of the activities identified in § 86.10.010 (Purpose), above require a public hearing by both the Commission and the Board except for a County-initiated Land Conservation Contract, which shall be heard by the Board without a hearing by the Commission.

(b) Procedure. Public hearing.

(c) Review Authority. Board, with Commission recommendation.

(d) Request for Approval of a Contract. Before action on a request for an approval of a Land Conservation Contract, the review authority shall make the finding that the operation on site and the contract are consistent with the General Plan, any applicable community plan or specific plan, and this Development Code.

(e) Request for Non-Renewal of a Contract.

(1) No findings are required when a request is made for a non-renewal of a Land Conservation Contract.

(2) The request shall be processed in compliance with Government Code § 51245.

(3) Non-renewal of a contract shall be accomplished through “Staff action without notice” procedures with the Director as the review authority.

(f) Request for Cancellation of a Contract. Before action on a request for cancellation of a Land Conservation Contract:

(1) The land owner shall pay a cancellation fee equal to twelve and one-half percent of the cancellation value of the land plus any deferred tax amount; and

(2) The review authority shall make the findings identified in Government Code § 51282.

(Ord. 4011, passed - -2007)