This chapter is adopted pursuant to the city's police powers, as set forth in the California Constitution, and in accordance with the California Land Conservation Act of 1965 for the purpose of establishing the procedural and substantive requirements to implement the Act.

(Ord. 1108, passed 6-21-04)

   Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meanings stated in the Act.

   ACT means the California Land Conservation Act of 1965, also known as the Williamson Act, set forth at Cal. Gov’t Code §§ 51200 et seq.

   AGRICULTURAL COMMODITY has the same meaning as Cal. Gov’t Code § 51201 (a): any and all plant and animal products produced in California for commercial purposes.

   AGRICULTURAL USE has the same meaning as Cal. Gov’t Code § 51201(b): the use of the land for the purpose of producing an agricultural commodity for commercial purposes.

   COMPATIBLE USE means any use determined by the city to be compatible with the agricultural, recreational, or open-space use of land within the preserve and subject to contract. COMPATIBLE USE includes agricultural use, recreational use or open- space use unless Council finds after notice and hearing that the use is not compatible with the agricultural, recreational or open-space use to which the land is restricted by contract pursuant to this chapter or the Act.

   CONTRACTED LAND means real property restricted by a land conservation contract pursuant to the Act and this chapter.

   INCIDENTAL means related to or supporting the primary agricultural, open space or recreational use of the land.

   NONPRIME AGRICULTURAL LAND means any land capable of sustaining a commercial agricultural use that is not prime agricultural land.

   OPEN-SPACE USE has the same meaning as Cal. Gov’t Code § 51201(o).

   PRIME AGRICULTURAL LAND has the same meaning as Cal. Gov’t Code § 51201 (c).

   RECREATIONAL USE has the same meaning as Cal. Gov’t Code § 51201(n).

(Ord. 1108, passed 6-21-04)

   If there is any irreconcilable conflict between any provisions of this chapter and any federal or state law, the federal or state law prevails. Any provision of this chapter that is more stringent than federal or state law is intended to supplement, not conflict with, federal or state law and to apply unless a court of law conclusively determines that the provision is preempted.

(Ord. 1108, passed 6-21-04)

   All of the following criteria apply to the establishment, disestablishment or alteration of an agricultural preserve, whether initiated by the city or a land owner:

   (A)   Each agricultural preserve must contain at least 100 contiguous acres of land unless the City Council 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 city's general plan and zoning regulations.

   (B)   The use of any land within an agricultural preserve that is subject to a land conservation contract must be restricted by zoning that is compatible with the agricultural, open space or recreational use. Such zoning restrictions include appropriate minimum parcel sizes consistent with the Act and this chapter.

   (C)   All agricultural preserves must comply with the city's general plan and zoning regulations.

(Ord. 1108, passed 6-21-04)

   (A)   A landowner whose property is devoted to agricultural, open space or recreational 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 land owner must file an application with the City Clerk on a form prepared by the City Manager or designee.

   (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 land owner must file an application prepared by the City Manager, or designee, with the City Clerk.

   (C)   Any application submitted pursuant to this section must be accompanied by a payment of all applicable fees prescribed by City Council resolution.

   (D)   Within 30 days of receiving a complete application, the Planning Director, or designee, will prepare a report for City Council consideration regarding whether the landowner's proposal meets the Act's requirements. The City Council will consider the report during a public hearing held in accordance with this chapter.

   (E)   No application submitted pursuant to this section will be approved by the City Council unless it meets all of the criteria in this chapter and the Act.

(Ord. 1108, passed 6-21-04)

   (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 or alter an agricultural preserve must be provided as follows:

      (1)   By publication pursuant to Cal. Gov’t Code § 6061;

      (2)   By written, mailed notice at least two weeks before the hearing to the Ventura County Local Agency Formation Commission;

      (3)   By written, mailed notice at least two weeks before 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 under contract is to be removed from an agricultural preserve or a preserve disestablished that contains land under contract, notice must be given in compliance with Cal. Gov’t Code § 51232.

(Ord. 1108, passed 6-21-04)

   Whenever an agricultural preserve is established, disestablished or altered, the City Clerk will file the adopted resolution and a map showing all of the city agricultural preserves, as revised, with the County Recorder.

(Ord. 1108, passed 6-21-04)

   (A)   A land owner whose property is devoted to agricultural, open space or recreational use and is within an agricultural preserve may file an application with the city clerk on a form prepared by the Planning Director, or designee, to restrict the owner's land by a land conservation contract. An application must be accompanied by all of the following:

      (1)   All applicable fees as prescribed by City Council resolution; and

      (2)   A land conservation contract in a form prepared by the City Attorney and approved by the City Council for the particular use (agricultural, open space or recreational) with notarized signatures of all land owners.

   (B)   The city may request additional information from the land owner during the application review process to facilitate a thorough and timely review of the application.

   (C)   Applications to simultaneously rescind a land conservation contract and reenter into a new contract restricting the use of the land pursuant to the Act or any other state law will be considered where authorized by state law.

(Ord. 1108, passed 6-21-04)

   (A)   Upon receipt of an application for a land conservation contract, the City Clerk will transmit a copy of the completed application to the Planning Director.

   (B)   The Planning Director, or designee, will prepare a report for City Council consideration regarding whether the land subject to the proposed land conservation contract meets the criteria in the Act and this chapter for such a contract.

(Ord. 1108, passed 6-21-04)

   (A)   No application for a land conservation contract will be approved unless all of the following criteria are met:

      (1)   Each parcel affected by the proposed contract is at least 10 acres in size in the case of prime agricultural land and 40 acres in size in the case of nonprime agricultural land or land in open space or recreational use;

      (2)   All parcels affected by the proposed contract are currently being used primarily for agricultural, open space or recreational use; and

      (3)   There are no other existing or permitted uses or development on the land that would significantly displace or interfere with the agricultural, open space or recreational use of the land.

   (B)   Even if all of the above criteria are met, the City Council may, in its discretion, choose not to approve the application.

(Ord. 1108, passed 6-21-04)

   The City Clerk must record any executed land conservation contract with the County Recorder within 20 days after it is fully executed.

(Ord. 1108, passed 6-21-04)

   The use and development of all land affected by a land conservation contract must at all times comply with the Act, this chapter, the terms of the land conservation contract, and any other applicable state or local law, regulation or ordinance.

(Ord. 1108, passed 6-21-04)

   (A)   All use or development of any contracted land for agricultural use must comply with the following criteria:

      (1)   The proposed use or development must be compatible with and not significantly compromise the long-term productive agricultural capability of any contracted land within the agricultural preserve, including the land upon which the use or development is proposed to occur;

      (2)   The proposed use of development will not significantly displace or impair current or reasonably foreseeable agricultural operations on the land upon which the use or development is proposed to occur. A use or development that significantly displaces agricultural operations on the land upon which the use or development is proposed to occur may, in the city's discretion, be deemed compatible if the uses or development relate directly to the production of commercial agricultural products on that parcel or nearby parcels (e.g., harvesting, processing or shipping of locally produced commercial agricultural products).

      (3)   The proposed use or development will not substantially interfere with the agricultural use of the land upon which the use or development is proposed to occur;

      (4)   The portion of the parcel to remain in agricultural use must be capable of sustaining a commercially viable agricultural use. For prime agricultural land, at least ten acres must remain devoted to agricultural use. For nonprime agricultural land, at least 40 acres must remain devoted to agricultural use;

      (5)   The proposed use or development will not hinder or impair agricultural operations in the area by significantly increasing the permanent or temporary human population in the area;

      (6)   The proposed use or development does not constitute a residential subdivision; and

      (7)   The proposed use or development complies with all other federal, state and local laws, regulations and ordinances, including the city's general plan and this code.

   (B)   An agricultural preserve may contain land other than agricultural land, but within two years of the effective date of any contract on land within the preserve, the use of any land within the preserve and not under contract must be restricted by zoning (including minimum parcel sizes that are consistent with the Act) in such a way as not to be incompatible with the agricultural use of the lands limited by contract within the preserve.

   (C)   All permitted uses set forth in this code for the agricultural zone (A-1) are deemed compatible with agricultural use if all of the criteria in this section are also met.

(Ord. 1108, passed 6-21-04)

   (A)   All use or development of any contracted land for open space use must comply with all of the following criteria:

      (1)   The proposed use or development must be compatible with and not significantly compromise the agricultural, open space or recreational value of any contracted land within the agricultural preserve, including the land upon which the use or development is proposed to occur;

      (2)   The portion of the parcel to remain in open space must be at least 40 acres;

      (3)   The proposed use or development does not constitute a residential subdivision;

      (4)   The proposed use or development complies with all other federal, state and local laws, regulations and ordinances, including the city general plan and municipal code.

   (B)   All permitted uses set forth in this code for the open space zone (O) are deemed compatible with open space use if all of the criteria in this section are also met.

(Ord. 1108, passed 6-21-04)

   (A)   Before undertaking any development or use on contracted land that is not the primary use (agricultural or open space) for which the land conservation contract for the property was approved, the land owner must apply for and obtain a compatible use determination. The land owner must file an application with the Planning Director on a form prepared for this purpose, accompanied by a fee in an amount prescribed by resolution of the City Council.

   (B)   The Planning Director will determine whether the proposed use or development is compatible with the land conservation contract for the property, using the criteria established in Cal. Gov’t Code § 51238.1 and any applicable provisions of this code.

   (C)   The Planning Director's decision may be appealed to the Planning Commission by any interested person. Any appeal must be filed within 15 days of the decision and must be accompanied by payment of an appeal fee in an amount prescribed by City Council resolution.

(Ord. 1108, passed 6-21-04)

   A land conservation contract may only be terminated in a manner consistent with state law and this chapter.

(Ord. 1108, passed 6-21-04)

   (A)   If either the landowner or the city desires in any year not to renew a land conservation contract, the nonrenewing party must serve written notice of nonrenewal of the contract upon the other party before the annual nonrenewal date of the contract. A notice of nonrenewal served by the land owner must be addressed to the City Clerk and be filed or postmarked at least 90 days before the annual renewal date of the contract, and must be accompanied by a fee in an amount established by City Council resolution. A notice of nonrenewal served by the city will be mailed to the address shown on the latest assessment roll for the property, and must be postmarked at least 60 days before the annual renewal date of the contract.

   (B)   If no notice of nonrenewal is filed in compliance with these deadlines, the contract will be automatically renewed for another year.

   (C)   If a notice of nonrenewal is filed after the application deadline, the notice will be deemed to apply to the next annual renewal period.

   (D)   If a land owner objects to a contract nonrenewal initiated by the city applicable to the owner's land, the owner may file a written protest with the City Clerk. The City Council may, in its discretion, withdraw the notice of nonrenewal at any time before the contract's annual renewal date.

   (E)   During November of each calendar year, the City Clerk will provide a report to the City Council identifying all nonrenewal requests received pursuant to this section.

   (F)   The City Clerk will record all notices of nonrenewal with the County Recorder within 20 days after serving or receiving a notice of nonrenewal.

(Ord. 1108, passed 6-21-04)

   Any petition to cancel a land conservation contract must be filed with the City Clerk. The petition will be processed in accordance with the Act.

(Ord. 1108, passed 6-21-04)

   The City Manager, or designee, is authorized to investigate any potential land conservation contract violations. If an investigation concludes that a likely contract violation exists, the City Attorney may prosecute such violations in accordance with Cal. Gov’t Code §§ 15250 or 51251, and this code.

(Ord. 1108, passed 6-21-04)

   Land conservation contract violations include, without limitation, the following:

   (A)   Construction of a commercial, industrial or residential building that is not allowed by this chapter or the contract;

   (B)   Construction of a commercial, industrial or residential building that is not related to an agricultural or compatible use where the total area of all of the building or buildings exceeds 2,500 square feet for all property subject to any contract or all contiguous property subject to a contract or contracts owned by the same landowner or landowners.

(Ord. 1108, passed 6-21-04)

   (A)   In addition to any other remedies provided by state law or this chapter, if the city determines that a land conservation contract has or is being violated, the City Attorney is authorized to bring an action on the city's behalf for an appropriate remedy.

   (B)   An owner of contracted land may bring an action to enforce a land conservation contract covering any land within one mile of the owner's contracted land.

   (C)   Nothing in this chapter is intended to limit a court's ability to grant any relief or issue any order that it deems appropriate in its discretion, including without limitation specific performance or injunctive or equitable relief.

(Ord. 1108, passed 6-21-04)