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Home My WebLink AboutResolution 9207 N.C.S. 06/15/1981. , . t • . . ~ y --_ ;`-- . ' - PLK:ad 4-2~-~1 ,~~" ~ ~. Ir'` i'; . ._ ~ 3 0 19 $~ 1~ ~ ~A;° ~ R . ° ~~ i~es.o lution 1~10. ., 9207 ~.:~. S. A p . ~~ - of the City of~ Peta~iuma, Califbrnia - A~ RE~SOLUTION .RDOPT`i'NG RULE~S~~~ AND RErUL4TIONS ' . ~ FOR ADMIN.~IS:TRATIQNi;OF AGRICU,LTU,RAL.PRESERVESe C , f9 _. _ .r : . . *s., ' _ , , . . ~~ . .. . ' .. . BE IT RESOLVED that the Gity Counci=l he;reby~adop;ts Rules and , ` Regul ati ons for ad'mi ni strati on ~of Agri.cul tura.l Preserves 'a's set out i n the , .. .., attached Exhi bi t A, i ncorpora4ted here~i n~ by ~re,ference. ~ BE IT FURTHER RE-SOL;VED th`at the ap,pl i cati,on fee stated i n par.a- ; . _ graph.7 of said Rules and ~Regulations shali,be $300 for~ap~Tication, and $300 upon applica.tion for ca':ncellati.bn. - ~ ,. ; Under the .power and -authority conferred upon tfii's :~Coupcil, ;by the Gharter of said Gity,. "'. . sd~ , _ . . I liereby ceitify ;tlie foregoing 'ResoluEion' was_ iatroduced and adopted by the ~ . ~ ~ ' ` - ~ ~ Ap"proved as to Council;'of tlie Citg of Petalama at a'(Regular) (~~6~db~4d~E~i.l4dtaY). meeting . fo;m . . on the , .:.:...1'S:trl._ day :of .----...~11C1.e-.--- ........ .......... 19:.~a:., by the following votei .. _..... ...,.. .. .... .... ....... , • Ciry;AtEorney ~ ' AYES: : Co:uncilmen ,Perr.y%Harberson/Bond/Vice=:Mayor Battaglia/Councilmen Ba1Fs`haw/'.Cavanagii/Mayor Mattei ~ NOES: No j . ABSENT: one Q ~ _ . ~ '~~ ~ ;. , -. ATTEST: - - •, , --- - - ,. ._.. ....;. .. . . _.._. • --- ._._.._. . -~----- _--;- .. ' ~Q~~d~ Mayor ' - Giry Clerk ' . ~ - ~ ~ ~ COUN,CIL,FILE " Q~~ . " ~ ~ FORM CA 2 1/80 _ 'RES.'fVo:~` •"• ~' • . ,•i . , ~, g ; CTTY OF PETALl1MA PLK:dh 4/23/81 RULES AND RfGULATI,ONS FOR ADMINISTRATI:ON OF~AGRICULTIJRAL PRESERVES Adopted by Resolutio'n No. 9207 d''ated ~une 15,1981 ~(1') The City Council recognizes that the discouragement of premature and unnecessary co,nve"rsion of ag,riculturaT and open sPace land to urban uses is a matter of public interest,.and•will be of benefit to urban dwellers themselves, in that it will discourage d;isc:ontiguous ur6an devel~opment patterns which un- , necessarily increase the cost of community .service to community residences. ~ , In a rapidly urbanizing society, agricultura] and other open space lands have a definite public value, and pres'ervation of such lands, the use of which may be limited pursuant to t:he provi~sions of the Ca]i`forn:i~a Land Conservation Act of 1965 (Wi 11 i amson. Aet) , eonst~i`tutes an important physical , social , estheti c and economic asset to exist:ing or pending urban or metropolitan~developments. ~(2) Preserv.es shall be.a minimum of 100 acres total size, except that the Gity Council may establish preserves of lesser si`ze to a minimum of 10 ~ acres only if it makes the.findi`ngs required' by California Government Code Section 51230. The City Courieil may continue preserves.or portions thereof of any jize, when the same are i;ncorporated into the Gity through annexation or reorganization. ~(3) Within such prese:rve, any lands under contract shall not be used for any purpose other than agricultural, open space, or compati'ble use. No structures shall, be_.erected on said ]ands, except such s>tru:ctures as may be related to and compatible with the permitte'd use, and resi;dence baildings for such indiv.iduals as may be' engaged in the operation and manageme`nt of said lands and their famil'ies. (4) "Agri'cu,ltural,, open space and compa:tibT.e uses" shall be defined fu,rth`er hereafter,. sub.ject, nevertheless, to, the primary rul.es that such prese'rve is established for.the purpose of preserviag the l:and for agricultural,.. open ~space and recreat,i,o'n purposes, and the compatible uses shall be i'ncidential to such us e. ,, ~~-~ .'~ / couNC~~ F~~-E' R~B. ND• ~~~.~~~~ ~ 1~~ ~ PLK:dh 4/23/81 _' (5) If at the time a preserve is established for a particular portion of the C;ity~, there exists within that area parcels of land of smaller size than the ten-acre minimum herein specifi:ed, or the use o~f some portion of said area does .ndt •conform to the 'defi ni ti on of "agri cul tural o:pen s pace or compati bl e use" as herein contained, the same shall 6e treated;as a legal aonconforming use. No land conservation :contract will be entered into with~ the owner of such nonconforming parcels until its use becomes conforming. (6) It is the poli~.cy of the Gity Council to enter i,nto contracts with the owners of all conforming lands withi°n th;e preserve.for a term of ten years or lo;nger. For an indi:vi.dual to enter su,ch a contract with the City, it will be ne'cessary for the property owner to provide: a Tegal description of his prope~rty, either separately or as part of a preli~minary title report, a preliminary title~ report indicating what liens or encumbrances there may be (other than property taxes), and to obtain 'the consent of encumbrance holders, if any, to ~ the contract. ~ !(7) A fee as established.by resolution .of the City Counc~il must accompany each~application fo.r pr.eserve and,contract, or discontinuation thereof. ,(8) The Williamson Act requires the adoption of a policy respecting cont~r,acts to the effect that there shall be no reasonable probability of the remov,al or modification of the limitation or restriction wi-thin the near futur,e. The City Council adoPts 'that policy and t'o tii'at end such contracts shall; provide that there sfi'all be no "right" to canc'el sueh eontract, but that ~ contr'acts shall limit cancellation, i,n accordance with the provisions of Government Code Sections 51281 theough: 5T285, and further restriet cancellation to instances of hardship arising out of (:I) probate proceedings:, o:r (2) actions in eminent domai;n. Such cancellations sha]1 6e subject t_o payment of the cancellation fees as specified by the Government Code at the time of cancellation (subject to the waiver provisions .of Government Code Sec,t~on 51283): ~ (9): A person bound by a contract should as:sume that the contract will run for t,he full term provided therein and that e'ach year it will be extended so that at a11 ti`me's the same will remain in effect fbr a period of 1'0 years unless notice-of nonren'ewal is given. (10) The authorization for "agricultural open space or compatibl,e uses" as contained in t'h'is Res'olution and California Land Gonservation Act contracts is nat intended to modify or take the place of any restrictions imposed by any -2- ~j~~,-~ COUNCIL.iFIL~ , - - R~. NO: ' ~~`~.~ ~ ~~ ~ ~~~~ ~ -~ • PLK:dh 4/23/81 ' zonin'g ord'inance. Subject to such underst'anding, for the: purpos'e of Contracts, ~ "agricultural, open space or compatible uses" shall be defined as follows: A. Permitted ag~ri`c.ultural uses - the following ag,ricultural uses a:nd those uses which in the opinion of the City Counca~] may ~be substantially similar in nature shall be permitted agricultural uses within such preserves; 1. General farmi'ng;, including but not l~imited to the raising, growing and harvesting of ~e,getables, field,, orchard, bu:sh and berry crops, vineyards and trees. 2. Forestry; but not including any proces;si,ng of raw materials. (Note! paragraph B). ~ 3. Stock nurseries; greenhouses, flori;culture and horticulture. I 4. Raising;, feedin:g, maintaini.n:g and breeding of horses, cattle, sheep~, goats, and swine; provided, however, there sha:Jl be no feeding of garba'ge, refuse or o;ffal. (Note paragraph B). 5. Dairies. 6. Raising, feeding, maintaini.ng, breedi`ng and caging of chickens, turkeys, rabbits, pigs,: ducks;, geese, birds, fish, frogs and similar animals f or fowl. r ~ 7. The processin:g,, packing, selling and shipping of agricultural ~ produ~cts located on a pareel deuoted to agricultura;l use and treating products grown; or raised on the premis`es qther than commereiaT packing or processing plants. ~ - ~ 8. One fami'ly dwell~ing, guest houses, and accessory dwellings, accessory buildi~ngs of :all kinds, when located upon farms and occupied or used by thle owner or persons engaged in the operation or maintenance thereof. I 9. Accessory uses~and structures appurtenant and necessary to the operation of the permi'tt;ed uses. 10. Schools for academic instruction, ~blic utility structures, public uses where owned and opera:ted by politi,cal subdivisions and to the extent that.such are necessa:ry to serve such preserve. 11. Appurtenant signs to identify--the permitted uses. 12. 0pen:space uses, such as game and,wildlife preserves and sanctuaries, reereation fac,i}iti;es ~regu~iri°ng open space as a~~principle feature (example: gol'f courses), or lands in their natural state. .~ _ -3-' COUNCIL FILE~D~ ~/ RBS. NO.. ~ . ~~~~ ~ ~ ~ °~ ~ 3 ~ ~ - :.., _- • PLK:dh 4/23/81 ~ B. Compati;ble uses - the following uses will be permitted within the defanition of "''agricuYtural open space or compatible uses", if the zoning classification for the land in ques.tion permits su,ch use subjeet to first securing a use per.mit: 1. Commerc,ial mushroom growi.ng. ~ 2. Publi:c stables; horse riding and horse training academies. 3. The commercia'1 rais-ing of swine or livestock where there is feedi'ng of garbage, refuse of offal. 4. Electronic towers and antennas over fifty (50) feet in height. 5. Private air strips. 6. Commercial :raising of fur-beari;ng animals. I 7. Gravel and- quarrying operati:ons, bu't not including crushing or othe ~ refining of raw materia.ls. ~ 8. Lands within a•~pr,eserve which,are not subject to a land conservation I contr,act shall not be subject ;to the above restriction_s. , End of Regulati.ons -4- ~Dz3-~/ I COUNCIL FIt~E RES. NO. ~ ~~~o~~~~a~~ ~