Santa Clara County Municipal Code § C13-48 Purpose

This chapter sets forth requirements for farmland security zone contracts pursuant to Government Code § 51296 et seq. In enacting this Chapter III, the Board of Supervisors declares its support to expand options available to landowners for the preservation of agricultural lands and to encourage the creation of longer-term voluntary enforceable restrictions within agricultural preserves.

(Ord. No. NS-1203.130, § 1, 3-26-24)

(a) Except as otherwise provided in subsection (b), farmland security zone contracts shall only apply to land that is designated on the Important Farmland Series maps, on file with the Department of Planning and Development and prepared pursuant to Government Code § 65570, as predominantly one or more of the following:

(1) Prime farmland;

(2) Farmland of statewide significance;

(3) Unique farmland; or

(4) Farmland of local importance.

(b) If the proposed farmland security zone is an area that is not designated on the Important Farmland Series maps, the land shall qualify if it is predominately prime agricultural land, as defined in Government Code § 51201(c).

(Ord. No. NS-1203.130, § 1, 3-26-24)

A landowner or group of landowners may apply to the Clerk of the Board of Supervisors on a form prepared by the County to rescind a Williamson Act contract or contracts entered into pursuant to chapter I in order to simultaneously place the land subject to that contract or those contracts under a new contract designating the property as a farmland security zone. A landowner or group of landowners may also apply to the Clerk of the Board of Supervisors to create a farmland security zone for the purpose of directly entering into a farmland security zone contract pursuant to this section. An application shall be accompanied by all applicable fees as established by resolution of the Board of Supervisors and a completed farmland security zone contract in a form prepared by County Counsel with notarized signatures of all landowners and all required attachments.

(Ord. No. NS-1203.130, § 1, 3-26-24)

(a) Prior to entering into a farmland security zone contract, the Board of Supervisors shall create a farmland security zone, pursuant to the requirements of section C13-7 and Government Code § 51230 and all of the following:

(1) No land shall be included in a farmland security zone unless expressly requested by the landowner;

(2) No land located within a city's sphere of influence shall be included within a farmland security zone, unless the creation of the farmland security zone within the sphere of influence has been expressly approved by resolution by the city with jurisdiction within the sphere of influence; and,

(3) If more than one landowner requests the creation of a farmland security zone and the parcels are contiguous, the County shall place those parcels in the same farmland security zone.

(b) Upon termination of a farmland security zone contract, the farmland security zone designation for the parcel(s) shall simultaneously be terminated.

(Ord. No. NS-1203.130, § 1, 3-26-24)

(a) No application for a Farmland Security Zone contract shall be approved by the Board of Supervisors unless all of the following criteria are met:

(1) The land is included within a farmland security zone as created by the Board of Supervisors in accordance with section C13-51;

(2) The land meets the qualification requirements of section C13-49; and

(3) All parcels proposed for inclusion in the farmland security zone contract are devoted to agricultural use.

(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.

(c) 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)

(a) The term of a farmland security zone contract shall be for an initial term of no less than 20 years. Each contract shall provide that on the anniversary date of the contract or on another annual date as specified by the contract, one year shall be added automatically to the initial term of the contract unless a notice of nonrenewal is given pursuant to section C13-18.

(b) The use and development of all contracted land shall at all times comply with Government Code § 51200 et seq., this chapter, the terms of the farmland security zone contract, and other applicable state and local laws, regulations, ordinances, and guidelines, including the Guidelines for Williamson Act and Farmland Security Zone Programs adopted by the Board of Supervisors. If there is any conflict between these sources of authority, state law shall prevail.

(c) The land subject to a farmland security zone contract shall be eligible for property tax valuation pursuant to Government Code § 51296.2.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Prior to undertaking any development or use on contracted land, the landowner shall apply for and obtain a compatible use determination from the County pursuant to the requirements of sections C13-14 through C13-16, and subject to the requirements of Government Code § 51296.7.

(Ord. No. NS-1203.130, § 1, 3-26-24)

The procedures set forth in section C13-18 shall govern the nonrenewal of any farmland security zone contract.

(Ord. No. NS-1203.130, § 1, 3-26-24)

Any petition to cancel a farmland security zone contract shall be filed with the Clerk of the Board of Supervisors on a form prepared by the County for this purpose. The petition be accompanied by payment of an application fee in an amount established by resolution of the Board of Supervisors. The cancellation of a farmland security zone contract shall be processed in accordance with Government Code § 51297.

(Ord. No. NS-1203.130, § 1, 3-26-24)

The procedures established in sections C13-20 to C13-23 shall govern compliance and enforcement of farmland security zone contracts.

(Ord. No. NS-1203.130, § 1, 3-26-24)

The real estate disclosure requirements established in section C13-25 shall apply to land subject to a farmland security zone contract.

(Ord. No. NS-1203.130, § 1, 3-26-24)