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HomeMy WebLinkAbout616 . 1111 RESOLUTION NO. 616 A RESOLUTION ESTABLISHING RULES GOVERNING ADMINISTRATION OF PRESERVES AND PROCEDURES RELATING TO THE IMPLEMENTATION OF THE CALIFORNIA LAND CONSERVATION ACT IN THE TOWN OF LOS ALTOS HILLS RESOLVED, by the City Council of the Town of Los Altos Hills , California, that WHEREAS, the Town of Los Altos Hills , as a condition of implementing the California Land Conservation Act, is required to establish rules to govern the administration of agricultural and open space preserves ; WHEREAS, said rules are to apply uniformly throughout a preserve established pursuant to said Act; WHEREAS, it is the desire of the City Council to establish a common set of rules to apply to all preserves established; and WHEREAS , agricultural and open space preserves shall be established only if the establishment thereof is consistent with the intent and purposes of the California Land Conservation Act of 1965 (Williamson Act) : NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS that the City Council does hereby establish the hereinafter set forth rules to apply to all agricultural and open space preserves : 1. Purpose. The rules and regulations herein established are established to govern the implementation of the provisions of Chapter 7 , Part 1 of Division 1 of Title 5 (commencing with Section 51200 , and known as the California Land Conservation Act of 1965 or as the Williamson Act, hereinafter referred to as the Act) of the Government Code of the State of California, and shall govern the administration of agricultural and open space preserves within the corporate limits of the Town of Los Altos Hills . ROBIN O. FAISANT - ATTORNEY AT LAW 750 WELCH ROAD . PALO ALTO, CALIF. 94304 (41S) 33S-6333 -1- ' ` • • 2 . Proposal Applications . Each proposal to establish an agricultural or open space preserve in the Town of Los Altos Hills shall either be initiated by the City Council or by the owner of the concerned property, and shall be submitted to the Planning Commission of the Town in such written form as may from time to time be established as acceptable to the Town. 3 . Planning Commission Report . Pursuant to the provisions of Section 51234 of the Act, within thirty days after receiving a proposal the Planning Commission shall submit a report on the proposal to the City Council of the Town of Los Altos Hills ; provided, however, that upon request by the Planning Commission the City Council may extend the time allowed to submit a report on the proposal for an additional period not to exceed thirty days . 4 . Contents of Report. The Planning Commission 's report shall state whether the proposed preserve is consistent with the General Plan, or any Element thereof, and shall include the reasons supporting such statement, together with such other information and recommendations relating to planning objectives as the Council requires or the Planning Commission deems necessary or appropriate. 5 . Council Action. Upon receipt of the report of the Planning Commission the Council shall, by resolution of intention, set a public hearing on the proposal . Notice of the hearing shall be published pursuant to Section 6061 of the Government Code of the State of California, and shall include the applicant 's name, mailing address , the date, time and place of hearing, and a legal description, or the Assessor 's parcel number, of the land which is proposed to be included within the preserve . Upon the hearing noticed as aforesaid, the Council shall hear all interested persons , and the hearing may be continued from time to time until completed. Upon completion of the hearing, the Council may by resolution find and determine that the public interest, convenience ROBIN D. FAISANT ATTORNEY AT LAW 750 WELCH ROA° PALO ALTO, CALIF. 94304 (415) 325-5333 -2- • S and necessity require the establishment of the proposed agricultural and open space preserve. Said resolution shall establish the boundaries of the preserve, and shall state that said boundaries define those areas within which the Town is willing to enter into contracts pursuant to the Act. If, upon completion of the hearing, the Council does not find and determine that the establishing of an agricultural or open space preserve would be in furtherance of the public interest, convenience and necessity, the Council shall, by motion, terminate the proceedings on the proposal. 6 . Term of Contract . The minimum term for any contract executed on land within an agricultural or open space preserve shall be ten (10) years . 7 . Contracts . It is the policy of the Town to enter into contracts in accordance with Article 3 of the Act, limiting the use of agricultural and open space land for the purpose of preserving such land pursuant and subject to the conditions set forth in the contract and in the Act. It is the further policy of the Town that any such contract may provide for restrictions , terms and conditions including payments and fees more restrictive than, or in addition to, those required by the Act. S . Criteria for Agricultural and Open Space Preserve. An agricultural or open space preserve shall consist of not less than one hundred (100) acres provided that in order to meet the one hundred (100) acre requirement, two (2) or more parcels may be combined if said parcels are contiguous or if in common ownership. An agricultural or open space preserve of less than one hundred (100) acres may be established if smaller preserves are necessary due to the unique characteristics of the agricultural enterprises or open space requirements in the area and if it is indicated that an operation or open space area of less than one hundred (100) acres RODIN D. FAI5ANT ATTORNEY AT LAW 750 WELCH ROAD PALO ALTO, CALIF. 94304 (415) 328-6333 -3- • • is an economic coi.uuuercial agricultural unit or of such unique character that it should be retained as an economic operation or as open space norwithstanding, and that the agricultural or open space preserve of less than one hundred (100) acres is consistent with the General Plan of the Town or any Element thereof. The property to be included in a preserve may be located in any zoning district shall be in agricultural use or be suitable for agricultural or open space use or compatible uses . 9 . Compatible Uses . Uses which are considered to be 'ycompatible uses" (as said term is defined and used in the Act) include permitted uses in any zoning district as set forth in Ordinance No. 78, the Zoning Ordinance of the Town of Los Altos Hills , as amended, and which are designated in contracts entered into pursuant to the Act . 10 . Zoning Requirements . Land within an agricultural or open space preserve shall be devoted to agricultural, open space, and compatible uses as defined by the Act, and as designated by the City Council. The authorization for such uses as contained herein, and contracts entered hereunder, shall not be deemed to modify or take the place of any restrictions imposed upon the land, or any portion thereof, within the preserve by any zoning requirements . In no event may the uses permitted by contract be less restrictive than existing zoning requirements ; provided, however, that restrictions imposed by contracts may be more restrictive than zoning requirements . 11. Recordation. Whenever an agricultural or open space preserve is established, and so long as it shall be in effect, a map of such preserve and the resolution under which the preserve was established shall be filed by the City Clerk with the County Recorder and the Director of Agriculture of the State of California. Not less than twenty (20) days after entering into a contract ROSIN D. FAISANT ATTORNEY AT LAW 750 WELCH ROAD .PALO ALTO, CALIF. 94304 (415) 326-6333 -4- ® • with a landowner pursuant to the Act, the Clerk shall record a copy of the contract with the County Recorder. 12 . Cancellation or Alteration of Preserve - Procedure Policy. The rules applicable herein to establish an agricultural or open space preserve shall apply in the event it is proposed that an existing preserve be cancelled, except as otherwise provided in Section 13 hereof. The rules applicable herein to establish a preserve shall apply in the event there is a proposed alteration to the boundaries of anexisting preserve. 13. Cancellation of Contract. Petitions for cancellation of any contract as to all or any part of the subject land shall be made in writing to the City Council of the Town of Los Altos Hills , and filed with the City Clerk. Upon receipt of the petition, the Clerk shall request the County Assessor to determine the full cash value of the land as though it were free of any contractual restriction and to certify to the Council the cancellation valuation of the land pursuant to the provisions of Section 51283(a) of the Act. Upon receipt of the County Assessor's certification aforesaid, and upon review of the petition, the Council shall, by resolution, set a public hearing upon the petition after giving notice thereof in accordance with Section 6061 of the Government Code of the State of California. In accordance with the provisions of Section 51283(b) of the Act, prior to giving tentative approval to the cancellation of any contract, the Council shall determine and certify to the County Auditor the amount of the cancellation fee, if any, which the landowner must pay to the County Treasurer ROBIN O. FAISANT ATTORNEY.AT LAW ' 750 WELCH ROAD PALO ALTO. CALIF. 94304 (415) 32e-6333 -5- • • as deferred taxes upon cancellation. After the public hearing, and upon finding that the cancellation is not inconsistent with the purposes of the Act, and that cancellation is in the public interest, the Council may, by resolution, tentatively approve the cancellation of a contract. Upon such tentative approval, the City Clerk shall cause to be recorded in the office of the County Recorder the certificate required under Section 51283 .3 of the Act . 14 . Notice of Proposed Cancellation or Alteration. If a hearing is scheduled on a proposal to cancel a preserve or to alter the boundary of a preserve so as to remove land under contract from such a preserve, the Town shall give notice two (2) weeks prior to the proposed hearing, by first class mail, in accordance with the requirements of Section 51284 of the Government Code of the State of California. * * * * * I HEREBY CERTIFY that the foregoing Resolution was regularly adopted at a regular meeting of the City Council of the Town of Los Altos Hills held on the 19th day of April , 1971, by the following roll call vote : AYES : Councilmen Corbett, Davey, Helgesson, Mayor Benson NOES : None ABSENT: Councilman Grabowski ATTEST : . / City Cl c APPROVED :1 ROSIN D. FAISANT ATTORNEY AT LAW '.....'-‘-^,- \. 750 WELCH ROAD ALTO, CALIF. 94304 ) 328-6333 -