15 - AGRICULTURAL PRESERVES2
Editor's note— Ord. No. 360, § 8(Exh. A), adopted December 5, 2018, repealed the former Art. 15-15., §§ 15-15.010—15-15.060, and enacted a new Art. 15-15 as set out herein. The former Art. 15-15 pertained to AP/OS: agricultural preserve open space overlay district and derived from the 1992 Code.
In addition to the objectives set forth in Section 15-05.020, the City establishes agricultural preserves to:
(a)
satisfy legal requirements with respect to the designation of land on which Williamson Act contracts may be executed and renewed, thereby encouraging and preserving such contracts in accordance with the policies set forth in the General Plan.
(b)
implement the open space element of the General Plan.
(Ord. No. 360, § 8(Exh. A), 12-5-2018)
In addition to the definitions set forth in Article 15-06, all of which are applicable to this Article, the following definitions shall also apply to certain terms used herein:
(a)
Williamson Act means the California Land Conservation Act of 1965, as set forth in Chapter 7 (commencing with Section 51200) of Part 1, Division 1, Title 5 of the Government Code.
(b)
Williamson Act contract means an agreement between the City and the landowner executed pursuant to the Williamson Act and the rules and regulations adopted by the City for the conduct of proceedings thereunder.
(c)
Agricultural preserve means a parcel or area of land that is (1) devoted to either agricultural use, recreational use, open space use or any combination of such uses, as defined in Section 51201 of the Williamson Act and (2) designated by the City Council in accordance with the City's Procedures for Initiating, Filing and Processing Requests to Establish Agricultural Preserves.
(d)
Open space means a parcel or area of land which is essentially unimproved and devoted to open space, as defined in Section 65560(b) of the Government Code.
(e)
Underlying zoning means the zoning classification of a parcel or area of land in an agricultural preserve.
(Ord. No. 360, § 8(Exh. A), 12-5-2018)
Each parcel or area of land designated as an agricultural preserve shall be used only for the purposes expressly permitted under the terms of the Williamson Act contract applicable to such land.
(Ord. No. 360, § 8(Exh. A), 12-5-2018)
Upon the effective date of any expiration or termination of a Williamson Act contract covering any parcel or area of land designated as an agricultural preserve, such land shall automatically be terminated as an agricultural preserve and shall thereafter be regulated solely according to the underlying zoning for such land. Nothing herein shall prevent the subsequent execution of a new Williamson Act contract pertaining to such land, in which event the land shall again be designated as an agricultural preserve.
(Ord. No. 360, § 8(Exh. A), 12-5-2018)
This Article shall not constitute or be interpreted as causing any alteration, amendment or impairment of any Williamson Act contract which has not expired or been terminated as of the effective date of this Article, and all such contracts are hereby ratified, acknowledged and confirmed by the City and declared to be in full force and effect.
(Ord. No. 360, § 8(Exh. A), 12-5-2018)
15 - AGRICULTURAL PRESERVES2
Editor's note— Ord. No. 360, § 8(Exh. A), adopted December 5, 2018, repealed the former Art. 15-15., §§ 15-15.010—15-15.060, and enacted a new Art. 15-15 as set out herein. The former Art. 15-15 pertained to AP/OS: agricultural preserve open space overlay district and derived from the 1992 Code.
In addition to the objectives set forth in Section 15-05.020, the City establishes agricultural preserves to:
(a)
satisfy legal requirements with respect to the designation of land on which Williamson Act contracts may be executed and renewed, thereby encouraging and preserving such contracts in accordance with the policies set forth in the General Plan.
(b)
implement the open space element of the General Plan.
(Ord. No. 360, § 8(Exh. A), 12-5-2018)
In addition to the definitions set forth in Article 15-06, all of which are applicable to this Article, the following definitions shall also apply to certain terms used herein:
(a)
Williamson Act means the California Land Conservation Act of 1965, as set forth in Chapter 7 (commencing with Section 51200) of Part 1, Division 1, Title 5 of the Government Code.
(b)
Williamson Act contract means an agreement between the City and the landowner executed pursuant to the Williamson Act and the rules and regulations adopted by the City for the conduct of proceedings thereunder.
(c)
Agricultural preserve means a parcel or area of land that is (1) devoted to either agricultural use, recreational use, open space use or any combination of such uses, as defined in Section 51201 of the Williamson Act and (2) designated by the City Council in accordance with the City's Procedures for Initiating, Filing and Processing Requests to Establish Agricultural Preserves.
(d)
Open space means a parcel or area of land which is essentially unimproved and devoted to open space, as defined in Section 65560(b) of the Government Code.
(e)
Underlying zoning means the zoning classification of a parcel or area of land in an agricultural preserve.
(Ord. No. 360, § 8(Exh. A), 12-5-2018)
Each parcel or area of land designated as an agricultural preserve shall be used only for the purposes expressly permitted under the terms of the Williamson Act contract applicable to such land.
(Ord. No. 360, § 8(Exh. A), 12-5-2018)
Upon the effective date of any expiration or termination of a Williamson Act contract covering any parcel or area of land designated as an agricultural preserve, such land shall automatically be terminated as an agricultural preserve and shall thereafter be regulated solely according to the underlying zoning for such land. Nothing herein shall prevent the subsequent execution of a new Williamson Act contract pertaining to such land, in which event the land shall again be designated as an agricultural preserve.
(Ord. No. 360, § 8(Exh. A), 12-5-2018)
This Article shall not constitute or be interpreted as causing any alteration, amendment or impairment of any Williamson Act contract which has not expired or been terminated as of the effective date of this Article, and all such contracts are hereby ratified, acknowledged and confirmed by the City and declared to be in full force and effect.
(Ord. No. 360, § 8(Exh. A), 12-5-2018)