Martinez City Zoning Code
CHAPTER 22
32 AGRICULTURAL LAND CONSERVATION
§ 22.32.010 Purpose.
The purpose of the agricultural land conservation provisions of this Title is to provide enabling provisions to allow the City to enter into agricultural land preservation contracts permitted by the California Land Conservation Act.
(Prior code § 10,113.0; Ord. 822 C.S. § 2, 1975)
§ 22.32.020 Establishment.
Agricultural preserves may be established within any area of the City designated on its General Plan as being planned for open space used and within any area of the City within the areas identified on the General Plan as "conservation zones." All land within an agricultural preserve shall be subject to a land conservation contract or agreement.
(Prior code § 10,113.1; Ord. 822 C.S. § 2, 1975)
§ 22.32.030 Standards.
There shall no minimum size for agricultural preserves in the City provided, however, that the use of the land shall be devoted to agricultural uses as defined in the California Land Conservation Act (Government Code Section 51200 ff. as amended).
(Prior code § 10,113.2; Ord. 822 C.S. § 2, 1975)
§ 22.32.040 Contracts.
Land conservation contracts shall be for a minimum term of ten years, renewable annually in the manner provided in Government Code Section 51244. Land conservation contracts shall include the following:
A.
Landowner promises to restrict the use of the land to those agricultural and compatible uses allowed by terms of the contract;
B.
Provisions that, if the landowner fails to comply with the agreement's terms and conditions so as to render the land or portion thereof unfit for further agricultural use, the owner shall pay as liquidated damages to the City a sum equal to the equalized assessment 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 contracts;
C.
Provisions that the contract may be cancelled only by the mutual agreement of the owner and the City 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 therein be waived, deferred or made subject to any contingency whatever;
D.
Provisions that division of the property subject to the agreement into two or more parcels may be construed by the City as a notice of nonrenewal by the property owner upon a finding by the Board of Adjustments that the effect of the division is detrimental to the ultimate preservation of the property for exclusively agricultural use.
(Prior code § 10,113.3; Ord. 822 C.S. § 2, 1975)
§ 22.32.050 Zoning.
Land subject to an agricultural land conservation agreement or contract shall be zoned to RF Recreational Facilities District, OS Open Space District or U Undesignated District.
(Prior code § 10,113.4; Ord. 822 C.S. § 2, 1975)
§ 22.32.060 Application.
The City Council shall, by resolution, establish rules and procedures for submitting applications for land conservation contracts and for review of the applications by the appropriate City agencies.
(Prior code § 10,113.5; Ord. 822 C.S. § 2, 1975)
