Santa Clara County Municipal Code Art. 2 Agricultural Preserves

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)

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)

(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)

(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)

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)