Article 810-2.2. Establishment

The board of supervisors may by resolution designate suitable areas of the county as agricultural preserves pursuant to the California Land Conservation Act (Government Code Section 51200, ff. as amended) to be devoted to agricultural and compatible uses.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Agricultural preserves shall comply with the following uniform standards as set forth in Sections 810-2.404 through 810-2.414.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Except as provided in subdivisions (a) and (b), no agricultural preserve shall be established having less than one hundred contiguous acres.

(a)

Agricultural preserves of less than one hundred contiguous acres may be established if the Board finds that an agricultural preserve of less than one hundred acres is necessary due to the unique characteristics of the agricultural enterprise in that area and that the establishment of preserves of less than one hundred acres is consistent with the General Plan.

(b)

Agricultural Preserves of thirty-five contiguous acres may be established in the areas of the East Contra Costa and Byron-Bethany Irrigation Districts, as previously established by the Board of Supervisors

(Gov. Code, § 51230, Ords 2003-12 § 4, 72-58 § 1, 69-76 § 1 (part), 69-49 § 1 (part), 68-53.)

No parcel of land of less than forty acres of non-prime agricultural land, or less than ten acres of prime agricultural land, shall be included in an agricultural preserve.

(Gov. Code, § 51222; Ords. 2003-12 § 5, 69-76 § 1 (part) 69-49 § 1 (part)).

As used in this title, prime agricultural land means any of the following:

(a)

all land that qualifies for rating as class I or II in the Natural Resource Conservation Service land use capability classifications;

(b)

all land that qualifies for rating eighty through one hundred in the Stone Index Rating;

(c)

land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture;

(d)

land planted with fruit- or nut-bearing trees, vines, bushes, or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural production not less than two hundred dollars per acre; and,

(e)

land which has returned from the production of unprocessed agricultural plant products an annual gross of not less than two hundred dollars ($200) per acre for three of the previous five years.

(Gov. Code, § 51201(c); Ords. 2003-12 § 6).

"Parcel" as used in this title means a contiguous area of land under common fee ownership.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

All land in a preserve must also be subject to a land conservation contract or agreement.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Land within one mile of any city may be included in an agricultural preserve and placed under contract, but not if the city files with the local agency formation commission a resolution of protest which the commission upholds in the manner provided by Government Code Section 51243.5.

(Ord. 73-93 § 1, 1973: Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Agricultural preserves shall include only land primarily used for commercial agricultural production.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Upon authorization by board resolution, its chairman may execute for the county, land conservation contracts with the owners of land located within agricultural preserves, pursuant to the California Land Conservation Act.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

The board, by resolution, shall promulgate a standard form of land conservation contract, which may include provisions additional to, but not conflicting with those in this chapter.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Article 810-4.4. Standards

Land conservation contracts shall comply with the following uniform standards as set forth in Sections 810-4.404 through 810-4.412.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Contracts shall be for a term of ten years renewable annually in the manner provided in Government Code Section 51244.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Contracts shall include landowner promises to restrict the use of the land to those commercial agricultural and compatible uses allowable in an agricultural preserve district (as set forth in Chapter 84-42).

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Contracts shall provide that, if the landowner fails to comply with the agreement's terms and conditions so as to render the land or a portion thereof unfit for further agricultural use, the owner shall pay, as liquidated damages to the county, a sum equal to the equalized assessed value of the property as established by the county assessor on the lien date next following the date of breach. This provision shall not be deemed a waiver of other legal or equitable remedies for enforcement of the terms of the contract.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Contracts shall provide that they may be cancelled only by mutual agreement of the owner and county pursuant to the provisions of Government Code Sections 51282, 51283(a) and (b), and 51283.3, provided, however, that under no circumstances shall the payment of a cancellation fee provided for therein be waived, deferred, or made subject to any contingency whatever.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Contracts shall provide that division of property subject to agreement into two or more parcels may be construed by the county as a notice of nonrenewal by the property owner upon a finding by the board of supervisors that the effect of the division is detrimental to the ultimate preservation of the property for exclusive agricultural use.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).

Article 810-4.6. Applications

The board, by resolution, shall promulgate rules and procedures for submitting applications for land conservation contracts and for review of the applications by appropriate county agencies.

(Ord. 69-76 § 1 (part), 1969: Ord. 69-49 § 1 (part), 1969).