The purpose of this chapter is to authorize the city to designate suitable are as of the city as agricultural preserves by resolution of the city council pursuant to the Williamson Act of 1965 (Government Code Section 51200 et seq.) for the purpose of establishing agricultural and compatible land uses.

(Ord. No. 496, § 18, 7-23-2024)

Agricultural preserves shall be administered pursuant only to those portions of the Williamson Act of 1965 that apply to the preservation of agricultural lands, as now enacted or hereafter amended, and pursuant to the uniform rules, as defined under this chapter, which shall apply in all agricultural preserves now or hereafter established. Other aspects of the legislation, as defined by Section 51205 of the Government Code, can be included only if they are secondary to the primary agricultural use of the land.

(Ord. No. 496, § 18, 7-23-2024)

On or before September 1st of each year, the city shall file with the director of conservation a map of the city and designate there on all contracted parcels at the end of the preceding fiscal year.

(Ord. No. 496, § 18, 7-23-2024)

Uses permitted under this section shall be consistent with the principles of compatibility set forth in Government Code Section 51238.1(a), (b), (c), and the following uses:

A.

Agricultural Uses.

1.

Agricultural and horticultural uses, including, but not limited to, greenhouses, orchards, the raising of fields, trees, vine, berry, and bush crops, vegetables, flowers, and other plants.

2.

Harvesting, curing, processing, packaging, and storage incidental to such agricultural uses; shipping of agricultural products produced upon the premises, or where such activity is carried on in conjunction with or as a part of an agricultural use in the immediate vicinity.

3.

Farms devoted to the grazing of cattle, horses, sheep, hogs, or other farm stock, including the supplementary feeding thereof, but not including slaughterhouses.

4.

Farms or establishments for the selective or experimental breeding of cattle, horses, sheep, hogs, or other farm stock.

5.

Farms devoted to the hatching, breeding, raising, butchering, processing, and shipping of chickens, turkeys, or other fowl orpoultry, including eggs.

6.

Dairies and the production of dairy products from milk produced on the premises, excluding retail sales therefrom.

7.

Contract harvesting and agricultural services where such use is incidental and secondary to the use of the premises for agricultural purposes.

B.

Compatible Uses.

1.

Farm dwellings, mobile homes, and other residential uses occupied by the owner/operator or help employed on the premises, including accessory buildings and farm buildings incidental to the farming operation on the premises.

2.

Labor camps intended for use by and occupied housing for laborers employed directly on the farmland upon which the labor camp is located.

3.

Recreational uses are subordinate to primary agricultural use.

4.

Oil and gas drilling and production in accordance with the provisions of the state and local standards and ordinances.

5.

The erection, construction, alteration, operation, and maintenance of gas, electric, water, and communication utility facilities and similar public service facilities by corporations and companies under the jurisdiction of the Public Utilities Commission of the State of California and by public agencies.

6.

Any use not conforming to the agricultural or compatible uses specified in this chapter, which use preexisted the date the land was included within an agricultural preserve (such use discontinued for two (2) years shall not be resumed unless it then constitutes an agricultural or compatible use permitted under the uniform rules).

7.

Any use required to be permitted by any amendment to the California Land Conservation Act of 1965 which may be hereafter adopted.

8.

Any use determined to be compatible in all agricultural preserves established by the city council after public hearing or published notice and such other notice, if any, as the council may specify.

9.

Any use of a specific parcel of land in an agricultural preserve which is determined to be a compatible use as related to differences in the location and circumstances of the owners of land in agricultural or compatible uses within an agricultural preserve and which is based on character, location, or other particular circumstances of the specific parcel which are not applicable generally to other lands within that agricultural preserve (such determination maybe made by the city council only after public hearing or published notice and such other notice, if any, as the council may specify).

C.

Additional Uses Permitted in Specific Preserves as Approved by the City Council.

1.

Conservation, development, and use of water resources located within the lands covered by this preserve, and exploration conducted by scientific means on the lands located within this preserve for the purpose of determining the existence, location, and extent of any commercial mineral deposits.

2.

Uses related to or incidental to the construction, operation, and maintenance of public or private transmission or conveyance facilities.

3.

Uses related to or incidental to the establishment, maintenance, and repair of routes for ingress and egress over and through the lands included within this preserve.

4.

Any use required to be permitted by any amendment to the California Land Conservation Act of 1965 which may be hereafter adopted.

5.

Commercial fish farms and fishponds and accessory buildings.

D.

Any land included in an agricultural preserve may be zoned for urban development provided however that urban development does not occur until such time as the subject property is unencumbered by the Williamson Act and removed from the agricultural preserve.

(Ord. No. 496, § 18, 7-23-2024)

It is the intent of the city to continue contracts in force at the time the property is annexed into the city consistent with general plan policy. No new agricultural preserves will be initiated for property within the city and the city will request Kern County not to create new agricultural preserves within its sphere of influence. The city, after acquiring land in a preserve by annexation, shall have all rights and responsibilities specified in Government Code Section 51235.

(Ord. No. 496, § 18, 7-23-2024)

A.

Nonrenewal Process.

1.

Filing.

a.

Initiation. Notice of nonrenewal may be initiated by either of the following, in compliance with state law (Government Code Section 51245):

i.

Council. The council may initiate a notice of nonrenewal; or

ii.

Property Owner(s). The property owner(s) may initiate a notice of nonrenewal.

b.

A copy of the notice shall be filed with the planning division of the community development department.

c.

Contents. The notice shall contain the following materials:

i.

Notice Form. One (1) copy of the completed notice form.

ii.

Preliminary Title Report. One (1) copy of a current preliminary title report. Reports more than six (6) months old are not considered current and shall not be accepted; and

iii.

Deadline. The written notice shall be served to the city by the property owner(s) at least ninety (90) days, or on the property owner(s) by the city at least sixty (60) days, before the annual renewal date of the contract.

2.

Recordation. The notice of nonrenewal shall be recorded in the following manner:

a.

Document Preparation. Once the notice is deemed complete and acceptable per subsection (A)(1)(c) of this section, the city clerk shall prepare all documents for recordation.

b.

Forwarded for Recordation. The city clerk shall forward the notice to the county recorder's office for recordation.

c.

Mailing of Copies. A copy of the recorded notice shall be mailed to the following:

i.

The property owner(s);

ii.

The director of conservation; and

iii.

The county assessor.

d.

December Deadline. The notice shall be recorded in the county recorder's office before December 1st in order to be processed for the following March 1 st lien date, in compliance with state law (Government Code Section 51245).

8.

Terminates in Ten (10) Years. The notice of nonrenewal terminates the contract in ten (10) years, in compliance with state law (Government Code Section 51246(a)).

C.

Assessment. During this ten-year nonrenewal period, the assessment of the subject property may incrementally increase.

(Ord. No. 496, § 18, 7-23-2024)

A.

Filing.

1.

Initiation. A petition for cancellation may only be initiated by the property owner(s), consistent with Government Code Section 51281.

2.

The petition for cancellation shall be filed with the planning division of the city's community development department.

3.

Contents. The petition for cancellation shall contain the following materials:

a.

Petition Form. One (1) complete copy of the city's required form.

b.

Preliminary Title Report. One (1) copy of a current preliminary title report. Title reports more than six (6) months old at time of application are not considered current and shall not be accepted.

c.

A copy of the contract under which the parcel(s) are encumbered.

d.

A current assessor's parcel map showing the contracted parcels.

e.

Additional Information. Any additional information the director determines to be necessary to process the petition.

f.

A proposal for a specified alternative use of land.

B.

Tentative Cancellation of Contract.

1.

Notice. Notice of a public hearing shall be given as follows:

a.

Notice to Director of Conservation. Notice shall be provided to the director of conservation, along with the required findings, at least thirty (30) days prior to a public hearing at which the city council will act on the tentative cancellation;

b.

Published Notice. A notice shall be published at least once in a local newspaper of general circulation within the city at least ten (10) days before the hearing; and

c.

Mailed Notice. Notice shall be mailed to owners of contracted property within one (1) mile, property owners within five hundred (500) feet, other concerned agencies, and the department of conservation.

2.

Review Procedure. The council shall conduct a public hearing for a tentative cancellation of the contract.

3.

Findings. The council may grant cancellation of the contract only if all the findings in subsection (B)(3)(a) or (B)(3)(b), below, can be made in a positive manner:

a.

The cancellation is consistent with the purposes of the Williamson Act. This finding can only be made if the cancellation is:

i.

For property on which a notice of nonrenewal has been served in compliance with state law (Government Code Section 51245) (Nonrenewal of Williamson Act Contract), above;

ii.

Not likely to result in the removal of adjoining lands from agricultural use;

iii.

For an alternative use of land which is consistent with the land uses, objectives, policies, and programs of the general plan and any applicable PUD zoning;

iv.

Intended to ensure/maintain contiguous pattern of urban development; and

v.

In an area which has no noncontracted land available and suitable for the proposed use which is intended for the subject property or development of the contracted land would provide for a more contiguous pattern of urban development than would development of the available noncontracted land.

b.

The cancellation is in the public interest. This finding can only be made If:

i.

Other public considerations substantially outweigh the objectives of the Williamson Act; and

ii.

There is no proximate noncontracted land in the area which is available and suitable for the proposed use which is intended for the subject property, or development of the contracted land would provide for a more contiguous pattern of urban development than would development of any proximate noncontracted land.

4.

Notice of Decision. A notice of the decision on the tentative cancellation of the contract shall be published within thirty (30) days of the council's decision, with a copy to the director of the department of conservation, in compliance with Government Code Section 51284, and to the county assessor's office.

5.

Recordation. The city clerk shall record the certificate of tentative cancellation with the county recorder in compliance with Government Code Section 51283.4(a).

(Ord. No. 496, § 18, 7-23-2024)

Prior to giving approval to any contract cancellation, the city council shall determine and certify the cancellation fee pursuant to Section 51283 or Section 51297 of the Government Code. Cancellation fees that are not paid within one (1) year of the recording of the certificate of tentative cancellation will be recomputed as of the date of notice (Government Code Section 51283.4(a) and (b)).

A.

Cancellation Fee Waiver. If it finds that it is in the public interest, the city council may waive any payment or any portion of a payment by the landowner. It may extend the time for making the payment, or a portion of the payment, contingent upon the future use made of the land, and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been cancelled, if all of the following occur:

1.

The cancellation is caused by an involuntary transfer or change in the use which may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which produces a greater economic return to the owner;

2.

The city council has determined it is in the best interest of the program to conserve agricultural land use that the payment be either deferred or not required; and

3.

The waiver or extension of time is approved by the secretary of the resource agency. The secretary will approve a waiver or extension of time only on the finding that the granting of the waiver or extension of time by the local agency is consistent with the policies of the Williamson Act and that the local agency complied with the Act in approving the cancellation. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the city council, the evidence in the record of the council, and any other evidence received concerning the cancellation, waiver, or extension of time (Government Code Section 51283(c)).

B.

Recordation. The cancellation of a contract shall not be final until the community development director is satisfied that any required conditions have been fulfilled and the certificate of cancellation is recorded pursuant with Section 51283.4(a) of the Government Code.

(Ord. No. 496, § 18, 7-23-2024)

If any part of this chapter is found to conflict with any part of state law governing Land Conservation Act of 1965 contracts, the applicable section of state law shall prevail.

(Ord. No. 496, § 18, 7-23-2024)