The County of Santa Clara - SCC Public Portal

SEARCH SCCgov

AGENCIES & DEPTS

SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER I. WILLIAMSON ACT CONTRACTS

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

Previous heading / Next heading / Table of Contents

__________

CHAPTER I.
WILLIAMSON ACT CONTRACTS

ARTICLE I.
GENERAL PROVISIONS AND DEFINITIONS

Sec. C13-1. Purpose.

This division sets forth the requirements for county agricultural preserves and contracts pursuant to the California Land Conservation Act of 1965 ("Williamson Act"), Government Code § 51200 et seq.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-2. Definitions.

The following definitions apply to this chapter:

(a) All definitions in the Williamson Act, including but not limited to those in Government Code § 51201.

(b) Contract means a land conservation contract pursuant to the Williamson Act.

(c) Contracted land means real property restricted by a land conservation contract pursuant to the Williamson Act and this chapter.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-3. Relationship to other laws.

If there is any irreconcilable conflict between any provision 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. No. NS-1203.113, § 1, 5-23-06)

ARTICLE 2.
AGRICULTURAL PRESERVES

Sec. C13-4. Purpose and authority.

This article sets forth the procedural and substantive requirements for establishing, disestablishing and altering the county agricultural preserves pursuant to Government Code §§ 51230 through 51239. The county agricultural preserves define the boundaries of those areas within the county that contain lands eligible for consideration for contracts pursuant to the Williamson Act. The establishment, disestablishment or alteration of an agricultural preserve is a legislative act that requires approval by resolution of the Board of Supervisors.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-5. Criteria for establishing, disestablishing or altering agricultural preserves.

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

(a) Each agricultural preserve must contain at least 100 contiguous acres of land unless the Board of Supervisors 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 County general plan and zoning ordinance.

(b) The use of any land within an agricultural preserve must be restricted by zoning that is compatible with the agricultural use of the lands within the preserve that are subject to contracts. Such zoning restrictions include appropriate minimum parcel sizes consistent with the Williamson Act and this chapter.

(c) No agricultural preserve may be disestablished or altered to remove land from the agricultural preserve if removal of the land would cause or contribute to the premature or unnecessary conversion of agricultural land to urban uses or to significant encroachment of incompatible land uses into the immediate vicinity of contracted land.

(d) All agricultural preserves must comply with the County general plan and zoning ordinance.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-6. Land owner proposals to establish, disestablish or alter an agricultural preserve.

(a) A land owner whose property is devoted to agricultural 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 prepared by the County for that purpose with the Clerk of the Board of Supervisors.

(b) A land owner 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 County for this purpose with the Clerk of the Board of Supervisors.

(c) Any application submitted pursuant to this section must be accompanied by payment of all applicable fees established by resolution of the Board of Supervisors.

(d) Within 30 days of receiving a complete application, the Planning Office will prepare a report for the Board of Supervisors analyzing whether the proposal meets the requirements of the Williamson Act and this chapter and will file this report with the Clerk of the Board of Supervisors. Upon receipt of the report from the Planning Office, the Clerk will set the application for public hearing.

(e) No application submitted pursuant to this section will be approved by the Board of Supervisors unless it meets all of the criteria in section C13-5.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-7. Notice and hearing requirements.

(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, disestablish or alter an agricultural preserve will be provided in compliance with all of the following:

(1) By publication pursuant to Government Code § 6061;

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

(3) By written, mailed notice at least two weeks prior to 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 is to be removed from an agricultural preserve, by written notice sent certified mail to each owner of contracted land within one mile of the exterior boundary of the land to be removed.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-8. Recording revised agricultural preserve map.

Whenever an agricultural preserve is established, disestablished or altered, the Clerk of the Board of Supervisors will file the adopted resolution and map showing all of the county agricultural preserves, as revised, with the Clerk-Recorder.

(Ord. No. NS-1203.113, § 1, 5-23-06)

ARTICLE 3.
CONTRACTS

Sec. C13-9. Purpose and authority.

This article sets forth requirements for contracts between land owners and the County pursuant to the Williamson Act. This chapter is intended to supplement any other applicable state and local laws, ordinances, regulations and guidelines.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Part 1.
Applications for Contracts

Sec. C13-10. Application process and fees.

(a) A land owner whose property is devoted to agricultural use and is within an agricultural preserve may file an application for a contract with the Clerk of the Board of Supervisors on a form prepared by the County. An application must be accompanied by all of the following:

(1) All applicable fees as established by resolution of the Board of Supervisors; and

(2) A completed contract in a form prepared by County Counsel with notarized signatures of all land owners and all required attachments.

(b) The County 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 contract and reenter into a new contract pursuant to the Williamson Act will be processed in the same manner as applications for new contracts. Applications to simultaneously rescind a contract and enter into an Open-Space Easement Agreement pursuant to chapter II of this division shall be processed as an application for an Open-Space Easement Agreement pursuant to chapter II.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-11. Report to Board of Supervisors.

(a) Upon receipt of an application for a contract, the Clerk of the Board of Supervisors will transmit a copy of the completed application to the Planning Office, County Surveyor, Agricultural Commissioner, Office of the Assessor, and Office of the County Counsel.

(b) Within 60 days of receiving a complete application, the Planning Office will prepare a report to the Board of Supervisors. The Office of the Assessor, County Surveyor, and County Counsel will provide the Planning Office with any relevant information to assist with preparation of the report. The report will contain an analysis of whether the land meets the criteria for a contract in the Williamson Act, this chapter, and any other local ordinances and guidelines.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-12. Criteria for evaluating contract applications.

(a) No application for a Williamson Act contract will be approved unless all of the following criteria are met:

(1) The property proposed for inclusion in the contract is at least ten acres in size in the case of prime agricultural land, and 40 acres in size in the case of nonprime agricultural land;

(2) All parcels proposed for inclusion in the contract are devoted to agricultural use; and

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

(b) Even if all of the criteria in subsection (a) are met, the Board of Supervisors may, in its discretion, choose not to approve the application.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-13. Recording of contracts.

The Clerk of the Board of Supervisors must record any executed contract with the Clerk-Recorder within 20 days after the Board of Supervisors executes the contract and no later than December 31 of the calendar year in which it was executed.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Part 2.
Use and Development of Contracted Lands

Sec. C13-14. General provisions.

The use and development of all contracted land must at all times comply with the Williamson Act, this chapter, the terms of the Williamson Act contract, and any other applicable state and local laws, regulations, ordinance and guidelines.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-15. Compatible uses and development.

(a) All use or development of any contracted land must comply with all of the following criteria:

(1) Contracted land must be devoted to agricultural use before any other use or development is allowed.

(2) The proposed use or development is compatible with and will 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;

(3) The proposed use or 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 County'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).

(4) 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;

(5) The portion of the parcel to remain in agricultural use must be capable of sustaining a commercially viable agricultural use;

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

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

(8) The proposed use or development complies with all other federal, state and local laws, regulations, ordinances and guidelines, including the County general plan and this Code.

(b) With respect to contracts executed prior to January 1, 2006, the following uses and development have been determined by the Board of Supervisors to be presumptively compatible with agricultural use of contracted land if all of the criteria in subsection (a) are also met:

(1) Residential uses incidental to the agricultural use of the land, including:

a. Single-family homes for the property owner or lessee, which includes stockholders in family corporations, beneficiaries of family trusts and estates, owners of undivided partial interests in the fee, and joint tenants.

b. Dwellings for persons employed in the agricultural use of land or structures used to provide educational experiences or day-care facilities for their children, provided the use is nonprofit and not open to the general public.

c. Temporary farm labor camps incidental and necessary to the gathering of the crops grown on the land.

d. Residential care facilities for persons actively participating in agriculture as a prime component of their training or recreation.

e. Facilities to be used as bed and breakfast inns with a maximum of six guest rooms, kitchen and dining facilities for guests and small private events, all of which are totally contained within the existing residential structure.

(2) Accessory structures necessary and incidental to the agricultural use of the land, including:

a. Facilities for the drying, packing or other processing of an agricultural commodity usually performed on the premises where it is produced, but not including slaughterhouses, fertilizer yards, bone yards, or plants for the reduction of animal or vegetable matter.

b. Stands or shelters for the sale of agricultural commodities produced on the land.

c. Farmer's markets, including an agricultural stand where agricultural commodities grown, raised or produced off the premises are offered for sale to the general public by the operator of the stand.

d. Limited sales of agricultural supplies, including hay, seed, veterinary supplies and horse tack. The sale of farm equipment or horse trailers as specifically excluded.

e. Aircraft landing strips.

f. Storage and maintenance facilities for trucks used exclusively for hauling agricultural produce, which must include produce grown on the property, as long as the remainder of the property can sustain an agricultural use.

g. Temporary wood recycling operations.

(3) The maintenance of land in its natural state for the purpose of preserving open space for recreation or plant or animal preserves, or the holding of nonproducing land for future agricultural use or future mineral extraction.

(4) Recreational uses:

a. Public or private fishing or hunting of wildlife, including structures associated with hunting or fishing clubs.

b. Public or private rifle and pistol practice ranges, trap or skeet fields, archery ranges, golf driving ranges or other similar uses.

c. Public or private riding or hiking trails.

d. Riding academies, stables, and boarding of horses or other livestock.

e. Large animal clinics primarily for horses or other livestock, including associated stables and pasture. (Small animal hospitals and kennels are excluded.)

(5) Utilities, resource extraction, and waste disposal facilities.

a. The erection, construction, alteration or maintenance of gas, electric, water, or communication utility facilities; small-scale facilities testing electronic products for electromagnetic emissions under applicable Federal Communications Commission regulations; radio, television or microwave antennas; and transmitters and related facilities.

b. Oil and gas well drilling, including the installation and use of such equipment, structures and facilities as are necessary or convenient for oil and gas drilling and producing operations customarily required or incidental to usual oil field practice, including the initial separation of oil, gas and water, and the storage, handling, recycling and transportation of such oil, gas and water from the premises.

c. Surface mining operations which have an approved land rehabilitation plan which returns the land to an agricultural or open space use upon completion.

d. Sanitary landfills which have a land rehabilitation plan which returns the land to an agricultural or open space use upon completion.

(6) Educational, cultural, and religious facilities.

a. Churches, including accessory structures, as long as such use does not substantially interfere with the primary agricultural use of the land within the preserve.

b. Educational and cultural uses not located on prime agricultural soils which do not require major road improvements, and where traffic to and from the subject use location does not hinder or impair the agricultural operations in the surrounding area. At least three-quarters of the parcel must remain in agricultural or open space uses, and the maximum coverage of the site where the educational and cultural uses are to occur is limited to 20 acres.

c. Seasonal and occasional social receptions at existing facilities and immediate surrounding grounds, which do not displace or interfere with agricultural and open space use of the parcel or any adjacent parcel.

(c) With respect to contracts executed on or after January 1, 2006, the following uses and development have been determined by the Board of Supervisors to be presumptively compatible with agricultural use of contracted land if all of the criteria in subsection (a) are also met:

(1) Residential:

a. "Residence, Single-Family," as defined in § 2.10.030 of the Zoning Ordinance.

b. "Secondary Dwelling" as defined in § 2.10.030 of the Zoning Ordinance.

c. "Agricultural Employee Housing" as defined in § 2.10.030 of the Zoning Ordinance.

(2) Agricultural accessory uses that support the agricultural use of the land, including:

a. "Agricultural processing" as defined in § 2.10.040 of the Zoning Ordinance.

b. "Agricultural sales" as defined in § 2.10.040 of the Zoning Ordinance.

c. "Wineries" as defined in § 2.10.040 of the Zoning Ordinance.

d. "Aircraft landing strips - private," as defined in § 2.10.040 of the Zoning Ordinance, that are limited to the private use of the owner of the property or agricultural use of land with the agricultural preserve.

e. Storage and maintenance facilities for trucks and equipment used exclusively for tending, harvesting or hauling agricultural commodities at least some of which are grown on the property.

(3) Recreational uses, including:

a. Public or private fishing or hunting of wildlife.

b. Public or private riding or hiking trails.

c. Public or private stables and boarding of horses or other livestock.

(4) Utilities, including:

a. "Utilities, Minor" as defined in § 2.10.040 of the Zoning Ordinance.

b. "Antennas - Commercial" as defined in § 2.10.040 of the Zoning Ordinance.

(5) Resource Extraction:

a. "Oil and Gas Extraction" as defined in § 2.10.040 of the Zoning Ordinance.

b. "Surface Mining," as defined in § 2.10.040 of the Zoning Ordinance, so long as mining and associated activities are not visible from the public right-of-way or other public lands and do not involve open pit quarrying.

(6) Miscellaneous:

a. Facilities for agricultural education and preservation that are not located on prime agricultural land and do not require major road improvements, and where traffic to and from the facility does not hinder or impair the agricultural operations in the surrounding area.

b. A "Bed and Breakfast Inn," as defined in § 2.10.040 of the Zoning Ordinance, within a residential structure that existed when the land was first restricted by contract.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-16. Compatible use determinations.

(a) Prior to undertaking any development or use on contracted land, the land owner must apply for and obtain a compatible use determination from the County. The land owner must file an application with the Planning Office on a form prepared for this purpose together with an application fee in an amount established by resolution of the Board of Supervisors.

(b) Staff from the Planning Office and Agricultural Commissioner's Office will determine whether the proposed use or development is compatible with the contract for the property, the Williamson Act, this chapter, and any adopted guidelines.

(c) Any interested person may appeal the staff determination made pursuant to subsection (b) to a review committee comprised of the Agricultural Commissioner and the Director of Planning and Development Services. Any such appeal must be filed within 15 days of the decision and be accompanied by payment of a fee in an amount established by resolution of the Board of Supervisors.

(d) Any interested person may appeal the review committee determination made pursuant to subsection (c) to the Board of Supervisors. Any such appeal must be filed within 15 days of the decision and be accompanied by payment of a fee in an amount established by resolution of the Board of Supervisors.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Part 3.
Contract Termination

Sec. C13-17. General provisions.

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

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-18. Contract nonrenewal.

(a) If either the land owner or the County desires in any year not to renew a contract, or portion of a contract, the nonrenewing party must serve written notice of nonrenewal of the contract upon the other party before the annual renewal date of the contract. A notice of nonrenewal served by the land owner must be addressed to the Clerk of the Board of Supervisors, must be filed with or postmarked at least 90 days prior to the annual renewal date of the contract, and must identify the parcels to be nonrenewed by Assessor's parcel number. A notice of nonrenewal served by the County will be mailed to the address shown on the latest assessment roll for the property, and must be postmarked at least 60 days prior to the annual renewal date of the contract.

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

(c) If a notice of nonrenewal is filed after the applicable deadline in subsection (a), 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 County applicable to the owner's land, the owner may file a written protest with the County. The Board of Supervisors may, in its discretion, withdraw the notice of nonrenewal at any time prior to the contract's annual renewal date.

(e) During November of each calendar year, the Clerk of the Board of Supervisors will provide a report to the Board of Supervisors identifying all nonrenewal requests received from land owners pursuant to subsection (a).

(f) The Clerk of the Board of Supervisors will record all notices of nonrenewal with the Clerk-Recorder within 20 days of serving or receiving a notice of nonrenewal.

(g) The Board of Supervisors may delegate its authority to send and withdraw notices of nonrenewal to any County official, department or employee.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-19. Contract cancellation.

Any petition to cancel a land conservation contract must be filed with the Clerk of the Board of Supervisors on a form prepared by the County for this purpose. The petition must be accompanied by payment of an application fee in an amount established by resolution of the Board of Supervisors. The petition will be processed in accordance with the Williamson Act.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Part 4.
Contract Compliance and Enforcement

Sec. C13-20. Annual agricultural preserve questionnaire.

By December 31 of each year, the Office of the Assessor mails an agricultural preserve questionnaire to the mailing address of the owner or other person identified on the Assessor's roll as responsible for the payment of property taxes for the parcel. Each owner of contracted land shall return the completed questionnaire to the Office of the Assessor by the following April 10. The Office of the Assessor will provide a copy of the non-confidential information on each returned questionnaire, and a list of parcels for which no questionnaire was returned, to the Planning Office. Those properties for which a completed questionnaire was not returned may be subject to an investigation by the Planning Office and/or Agricultural Commissioner regarding whether the parcel is in compliance with the contract, the Williamson Act, and other state and local laws, regulations, ordinances and guidelines. A land owner who fails to return the completed questionnaire by the April 10 deadline may be charged an investigation fee in an amount established by resolution of the Board of Supervisors.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-21. Audits and inspections.

(a) The County may audit any contracted land for compliance with the contract, the Williamson Act, and other state and local laws, regulations, ordinances and guidelines. Such audits may include reviewing available documentation such as aerial photographs and agricultural preserve questionnaires and contacting the land owner or manager to obtain additional information or documentation.

(b) If the County has probable cause to suspect that contracted land is not in compliance, it may contact the land owner to arrange for an inspection of the property by the County's officers, employees, contractors or agents. The County shall give the land owner at least 48 hours' written notice of the inspection date, approximate time, the person(s) who will be participating in the inspection, and the reason for the inspection. When scheduling an inspection, the County will make a reasonable attempt to accommodate the land owner's schedule. Any such inspection shall occur during normal business hours (Monday through Friday, 8:00 am to 5:00 pm).

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-22. Material breaches of contract.

The County will fulfill its enforcement responsibilities for material breaches of contracts as defined in the Williamson Act pursuant to Government Code § 51250.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Sec. C13-23. Judicial relief.

(a) In addition to any other remedies provided by state law or this chapter, including but not limited to Government Code §§ 51250 and 51251, if the County determines that a contract has been or is being violated, the Office of the County Counsel may bring an action on behalf of the County in a court of law for an appropriate remedy.

(b) If a court determines that a contract was violated, in addition to any other relief granted by the court, the court may order the land owner to reimburse the County for its costs, including but not limited to staff time and attorneys' fees, associated with investigating the violation and bringing the enforcement action.

(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 but not limited to specific performance or injunctive or equitable relief.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Part 5.
Fees

Sec. C13-24. Fees.

The Board of Supervisors may adopt by resolution any fees necessary to ensure that the County recovers its costs associated with administering and enforcing the Williamson Act and contracts executed thereunder. Such fees shall not exceed the amount reasonably necessary to recover the cost of providing the product or service or the cost of enforcing any law or ordinance for which the fee is levied. The fee may reflect the average cost of providing any product or service or enforcing any law or ordinance.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Part 6.
Disclosure Requirements

Sec. C13-25. Real estate transfer disclosure statement.

Pursuant to Civil Code § 1102.6a, prior to any transfer of contracted land by sale, exchange, installment land sale contract (as defined in Civil Code § 2985), lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, or real property or residential stock cooperative, improved with or consistent of not less than one nor more than four dwelling units, the transferor shall provide the following disclosure: "The real property that is the subject of this transaction is subject to a contract pursuant to the California Land Conservation Act of 1965 ("Williamson Act"), Government Code § 51200 et seq., which requires that the land be devoted to agricultural use and imposes restrictions on the use and development of the land." This disclosure shall be provided on a form substantially similar to that provided in Civil Code § 1102.6a or section B29-4 of this Code. The transferor shall ensure that the transferee signs the disclosure prior to completing the transfer.

(Ord. No. NS-1203.113, § 1, 5-23-06)

Secs. C13-26--C13-29. Reserved.