Article 2 — AGRICULTURAL PRESERVES

Sec. C13-4. - Purpose and authority.

This article sets forth the procedural and substantive requirements for establishing, disestablishing, and altering the county agricultural preserves pursuant to Government Code §§ 51230 through 51239. The county agricultural preserves define the boundaries of those areas within the county that contain lands eligible for consideration for contracts pursuant to the Williamson Act. The establishment, disestablishment,

or alteration of an agricultural preserve is a legislative act that requires approval by resolution of the Board of Supervisors.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-5. - Criteria for establishing, disestablishing, or altering agricultural preserves.

All of the following criteria apply to the establishment, disestablishment, or alteration of an agricultural preserve, whether initiated by the County or a landowner:

(a)

Each agricultural preserve shall contain at least 100 contiguous acres of land unless the Board of Supervisors finds that a smaller preserve is necessary due to the unique characteristics of the agricultural enterprises in the area and that such preserve is consistent with the County general plan and zoning ordinance.

(b)

The use of any land within an agricultural preserve shall be restricted by zoning that is compatible with the agricultural use of the lands within the preserve that are subject to contracts. Such zoning restrictions include appropriate minimum parcel sizes consistent with the Williamson Act and this chapter.

(c)

No agricultural preserve may be disestablished or altered to remove land from the agricultural preserve if removal of the land would cause or contribute to the premature or unnecessary conversion of agricultural land to urban uses or to significant encroachment of incompatible land uses into the immediate vicinity of contracted land.

(d)

All agricultural preserves shall comply with the County general plan and zoning ordinance.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-6. - Landowner proposals to establish, disestablish, or alter an agricultural preserve.

(a)

A landowner whose property is devoted to agricultural use but is not within an established agricultural preserve may apply to have the property included in a new or existing agricultural preserve. To initiate this process, the landowner shall file an application prepared by the County for that purpose with the Clerk of the Board of Supervisors.

(b)

A landowner whose property is included in an agricultural preserve and who wishes to have that property excluded from an agricultural preserve may apply to disestablish or alter the boundaries of the agricultural

preserve in which the property is located to exclude the property. To initiate this process, the landowner shall file an application prepared by the County for this purpose with the Clerk of the Board of Supervisors.

(c)

Any application submitted pursuant to this section shall be accompanied by payment of all applicable fees established by resolution of the Board of Supervisors.

(d)

Within 30 days of receiving a complete application, the Planning Office will prepare a report for the Board of Supervisors analyzing whether the proposal meets the requirements of the Williamson Act and this chapter and will file this report with the Clerk of the Board of Supervisors. Upon receipt of the report from the Planning Office, the Clerk will set the application for public hearing.

(e)

No application submitted pursuant to this section will be approved by the Board of Supervisors unless it meets all of the criteria in section C13-5.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-7. - Notice and hearing requirements.

(a)

A noticed public hearing will be held before any final action is taken to establish, disestablish, or alter the boundary of any agricultural preserve.

(b)

Notice of the public hearing to establish, disestablish, or alter an agricultural preserve will be provided in compliance with all of the following:

(1)

By publication pursuant to Government Code § 6061;

(2)

By written, mailed notice at least two weeks prior to the hearing to the Local Agency Formation Commission;

(3)

By written, mailed notice at least two weeks prior to the hearing to any city within one mile of the exterior boundaries of the agricultural preserve proposed to be established, disestablished, or altered;

(4)

By written, mailed notice to the applicant; and

(5)

If land is to be removed from an agricultural preserve, by written notice sent by certified mail to each owner of contracted land within one mile of the exterior boundary of the land to be removed.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-8. - Recording revised agricultural preserve map.

Whenever an agricultural preserve is established, disestablished, or altered, the Clerk of the Board of Supervisors will file the adopted resolution and map showing all of the county agricultural preserves, as revised, with the Clerk-Recorder.

(Ord. No. NS-1203.130, § 1, 3-26-24)

ARTICLE 3. - CONTRACTS

Sec. C13-9. - Purpose and authority.

This article sets forth requirements for contracts between landowners and the County pursuant to the Williamson Act. This chapter is intended to supplement any other applicable state and local laws, ordinances, regulations, and guidelines.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Part 1. - Applications for Contracts

Sec. C13-10. - Application process and fees.

(a)

A landowner whose property is devoted to agricultural use and is within an agricultural preserve may file an application for a contract with the Clerk of the Board of Supervisors on a form prepared by the County. An application shall be accompanied by all of the following:

(1)

All applicable fees as established by resolution of the Board of Supervisors; and

(2)

A completed contract in a form prepared by County Counsel with notarized signatures of all landowners and all required attachments.

(b)

The County may request additional information from the landowner during the application review process to facilitate a thorough and timely review of the application.

(c)

Applications to simultaneously rescind a contract and reenter into a new contract pursuant to the Williamson Act shall be processed in the same manner as applications for new contracts. Applications to simultaneously rescind a contract and enter into an Open-Space Easement Agreement pursuant to chapter II of this Division shall be processed as an application for an Open-Space Easement Agreement pursuant to chapter II. Applications to simultaneously rescind a contract and enter into a Farmland Security Zone contract pursuant to chapter III of this Division shall be processed as an application for a Farmland Security Zone contract pursuant to chapter III.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-11. - Report to Board of Supervisors.

(a)

Upon receipt of an application for a contract, the Clerk of the Board of Supervisors will transmit a copy of the completed application to the Planning Office, County Surveyor, Agricultural Commissioner, Office of the Assessor, and Office of the County Counsel.

(b)

Within 60 days of receiving a complete application, the Planning Office will prepare a report to the Board of Supervisors. The Office of the Assessor, County Surveyor, and County Counsel will provide the Planning Office with any relevant information to assist with preparation of the report. The report will contain an analysis of whether the land meets the criteria for a contract in the Williamson Act, this chapter, and any other local ordinances and guidelines.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-12. - Criteria for evaluating contract applications.

(a)

No application for a Williamson Act contract will be approved unless all of the following criteria are met:

(1)

All parcels proposed for inclusion in the contract are devoted to an agricultural use that meets one of the definitions of commercial agriculture in the Guidelines for Williamson Act and Farmland Security Zone Programs adopted by the Board of Supervisors; and

(2)

There are no existing or permitted uses or development on the land that would significantly displace or interfere with the agricultural use of the land.

(b)

Even if all of the criteria in subsection (a) are met, the Board of Supervisors may, in its discretion, choose not to approve the application.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-13. - Recording of contracts.

The Clerk of the Board of Supervisors shall record any executed contract with the Clerk-Recorder within 20 days after the Board of Supervisors executes the contract and no later than December 31 of the calendar year in which it was executed.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Part 2. - Use and Development of Contracted Lands

Sec. C13-14. - General provisions.

The use and development of all contracted land shall at all times comply with the Williamson Act, this chapter, the terms of the Williamson Act contract, and any other applicable state and local laws, regulations, ordinance, and guidelines.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-15. - Compatible uses and development.

(a)

All use or development of any contracted land shall comply with Government Code § 51238.1 and all of the following criteria:

(1)

Agricultural use shall be the primary use of contracted land before any other use or development is allowed.

(2)

The proposed use or development is compatible with and will not significantly compromise the long-term productive agricultural capability of any contracted land within the agricultural preserve, including the land upon which the use or development is proposed to occur;

(3)

The proposed use or development will not significantly displace or impair current or reasonably foreseeable agricultural operations on the land upon which the use or development is proposed to occur. A use or development that significantly displaces agricultural operations on the land upon which the use or development is proposed to occur may, in the County's discretion, be deemed compatible if the uses or development relate directly to the production of commercial agricultural products on that parcel or nearby parcels (e.g., harvesting, processing, or shipping of locally produced commercial agricultural products).

(4)

The proposed use or development will not substantially interfere with the agricultural use of the land upon which the use or development is proposed to occur;

(5)

The portion of the parcel to remain in agricultural use shall be capable of sustaining a commercially viable agricultural use;

(6)

The proposed use or development will not hinder or impair agricultural operations in the area by significantly increasing the permanent or temporary human population of the area;

(7)

The proposed use or development does not constitute a residential subdivision; and

(8)

The proposed use or development complies with all other federal, state, and local laws, regulations, ordinances, and guidelines, including the County general plan, this Code, and the Guidelines for Williamson Act and Farmland Security Zone Programs adopted by the Board of Supervisors.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-16. - Compatible use determinations.

(a)

Prior to undertaking any development or use on contracted land, the landowner shall apply for and obtain a compatible use determination from the County. The landowner shall file an application with the Planning Office on a form prepared for this purpose together with an application fee in an amount established by resolution of the Board of Supervisors.

(b)

Staff from the Planning Office and Agricultural Commissioner's Office shall collectively review and determine whether the proposed use or development is compatible with the contract for the property, the Williamson Act, this chapter, and any adopted guidelines.

(c)

Any interested person may appeal the staff determination made pursuant to subsection (b) to a review committee comprised of the Agricultural Commissioner and the Director of Planning and Development. Any such appeal shall be filed within 15 days of the decision and be accompanied by payment of a fee in an amount established by resolution of the Board of Supervisors.

(d)

Any interested person may appeal the review committee determination made pursuant to subsection (c) to the Board of Supervisors, which shall hear and decide the matter de novo and approve, disapprove, or modify the review committee's determination. Any such appeal shall be filed within 15 days of the decision and be accompanied by payment of a fee in an amount established by resolution of the Board of Supervisors. Notice of the hearing shall be provided in conformance with section C13-7(b).

(Ord. No. NS-1203.130, § 1, 3-26-24)

Part 3. - Contract Termination

Sec. C13-17. - General provisions.

A contract may only be terminated in a manner consistent with state law and this chapter.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-18. - Contract nonrenewal.

(a)

If either the landowner or the County desires in any year not to renew a contract, or portion of a contract, the nonrenewing party shall serve written notice of nonrenewal of the contract upon the other party before the annual renewal date of the contract. A notice of nonrenewal served by the landowner shall be addressed to the Clerk of the Board of Supervisors, shall be filed with or postmarked at least 90 days prior to the annual renewal date of the contract, and shall identify the parcels to be nonrenewed by Assessor's parcel number. A notice of nonrenewal served by the County shall be mailed to the address shown on the latest assessment roll for the property, and shall be postmarked at least 60 days prior to the annual renewal date of the contract.

(b)

If no notice of nonrenewal is filed in compliance with the deadlines in subsection (a), the contract will be automatically renewed for another year.

(c)

If a notice of nonrenewal is filed after the applicable deadline in subsection (a), the notice will be deemed to apply to the next annual renewal period.

(d)

If a landowner objects to a contract nonrenewal initiated by the County applicable to the owner's land, the owner may file a written protest with the County by December 1 of the calendar year in which the notice of nonrenewal was served. The Board of Supervisors may, in its discretion, withdraw the notice of nonrenewal at any time prior to the contract's annual renewal date.

(e)

During November of each calendar year, the Clerk of the Board of Supervisors will provide a report to the Board of Supervisors identifying all nonrenewal requests received from landowners pursuant to subsection (a).

(f)

The Clerk of the Board of Supervisors will record all notices of nonrenewal with the Clerk-Recorder within 20 days of serving or receiving a notice of nonrenewal.

(g)

The Board of Supervisors may delegate its authority to send and withdraw notices of nonrenewal to any County official, department, or employee.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-19. - Contract cancellation.

Any petition to cancel a land conservation contract shall be filed with the Clerk of the Board of Supervisors on a form prepared by the County for this purpose. The petition shall be accompanied by payment of an application fee in an amount established by resolution of the Board of Supervisors. The petition will be processed in accordance with the Williamson Act.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Part 4. - Contract Compliance and Enforcement

Sec. C13-20. - Annual agricultural preserve questionnaire.

By December 31 of each year, the Office of the Assessor mails an agricultural preserve questionnaire to the mailing address of the owner or other person identified on the Assessor's roll as responsible for the payment of property taxes for the parcel. Each owner of contracted land shall return the completed questionnaire to the Office of the Assessor by the following April 10. The Office of the Assessor will provide a copy of the non-confidential information on each returned questionnaire, and a list of parcels for which no questionnaire was returned, to the Planning Office. Those properties for which a completed questionnaire was not returned may be subject to an investigation by the Planning Office and/or Agricultural Commissioner regarding whether the parcel is in compliance with the contract, the Williamson Act, and other state and local laws, regulations, ordinances and guidelines. A landowner who fails to return the completed questionnaire by the April 10 deadline may be charged an investigation fee in an amount established by resolution of the Board of Supervisors.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-21. - Audits and inspections.

(a)

The County may audit any contracted land for compliance with the contract, the Williamson Act, and other state and local laws, regulations, ordinances, and guidelines. Such audits may include reviewing available

documentation such as aerial photographs and agricultural preserve questionnaires and contacting the landowner or manager to obtain additional information or documentation.

(b)

If the County has probable cause to suspect that contracted land is not in compliance, it may contact the landowner to arrange for an inspection of the property by the County's officers, employees, contractors, or agents. The County shall give the landowner at least 48 hours' written notice of the inspection date, approximate time, the person(s) who will be participating in the inspection, and the reason for the inspection. When scheduling an inspection, the County will make a reasonable attempt to accommodate the landowner's schedule. Any such inspection shall occur during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.).

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-22. - Material breaches of contract.

The County will fulfill its enforcement responsibilities for material breaches of contracts as defined in the Williamson Act pursuant to Government Code § 51250.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Sec. C13-23. - Judicial relief.

(a)

In addition to any other remedies provided by state law or this chapter, including, but not limited to, Government Code §§ 51250 and 51251, if the County determines that a contract has been or is being violated, the Office of the County Counsel may bring an action on behalf of the County in a court of law for an appropriate remedy.

(b)

If a court determines that a contract was violated, in addition to any other relief granted by the court, the court may order the land owner to reimburse the County for its costs, including, but not limited to, staff time and attorneys' fees, associated with investigating the violation and bringing the enforcement action.

(c)

Nothing in this chapter is intended to limit a court's ability to grant any relief or issue any order that it deems appropriate in its discretion, including, but not limited to, specific performance or injunctive or equitable relief.

(Ord. No. NS-1203.130, § 1, 3-26-24)