HomeMy WebLinkAboutCity Council Resolution 16-054 - amending Williamson ActRESOLUTION No. 16-054
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA AMENDING THE CITY'S PROCEDURES FOR
INITIATING, FILING AND PROCESSING REQUESTS
TO ESTABLISH AGRICULTURAL PRESERVES
(WILLIAMSON ACT)
(GC 51231)
WHEREAS, California Land Conservation Act of 1965 (The Williamson Act)
authorizes cities to establish agricultural preserves, for the purpose of defining the boundaries of
those agricultural areas within which the city will be willing to enter into land conservation
contracts pursuant to the Williamson Act, in order, amongst other things, to maintain the
agricultural economy of the state and to prevent the premature and unnecessary conversion of land
from agricultural uses, and
WHEREAS, the City Council finds that it can assist the maintenance of the State's
agricultural economy and avoid conversion of land from agricultural uses by establishing
agricultural preserves and entering into agreements with land owners as authorized by the
Williamson Act, and
WHEREAS, the City Council finds that smaller preserves are necessary due to the
unique characteristics of the agricultural enterprises in that area, that the establishment of preserves
of less than 100 acres continues to be consistent with the City's General Plan, and that establishing
agricultural preserves in the Hillside Residential "HR" zoning district is consistent with the
permitted uses within the "HR" zoning district, and
WHEREAS, the Williamson Act directs cities to state by resolution the procedures
for initiating, filing and processing requests for the establishment of such agricultural preserves,
WHEREAS, this Resolution amends the procedures for initiating, filing, and
processing requests to establish agricultural preserves pursuant to Government Code Section
51231, adopted under Resolution 549 passed on October 21, 1970 such that the procedures set
forth under this Resolution shall supersede and replace the procedures set forth under Resolution
549, and
WHEREAS, this action is not subject to the California Environmental Quality Act
because: 1) such action is a minor alteration in land use limitations which do not result in any
changes in land use density (CEQA Guidelines Section 15305), 2) will facilitate establishment of
agricultural preserves (CEQA Guidelines Section 15317), and 3) because there is no possibility
that the activity in question may have a significant effect on the environment (CEQA Guidelines
Section 15061(b)(3)).
follows:
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as
1
The establishment of an agricultural preserve may be initiated either by the City
Council, or upon an application therefor by owner(s) of the property within the proposed preserve.
The following procedures are hereby established for the initiating, filing and processing of all
requests to establish such preserves:
1. All requests for establishing an agricultural preserve initiated other than by the City
Council shall be upon written application signed by all the owners of the land included
within the confines of the proposed preserve, and filed with the City Clerk, which shall
include the following data:
(a) Names and addresses of all owners;
(b) A statement of the location, ownership, size, and area of all the property,
and of all the present agricultural uses of the property together with any and
all other uses conducted thereon;
(c) Assessor's parcel numbers;
(d) A request that the property be established as an agricultural preserve for the
purpose of enabling the owners to enter into a land conservation contract
with the City;
(e) In the event the property or some part thereof is in a zoning district other
than "A" (Agriculture) or "HR" (Hillside Residential), a request to initiate
a change of zoning to "A" or "HR" zoning district;
(f) Such other data or information as may be required by the Community
Development Director;
In addition, each application shall be accompanied by the following documents:
(a) Two (2) copies of a legal description of all properties;
(b) Four (4) copies of assessor's maps;
(c) A completed income analysis sheet for delivery to the Santa Clara County
Assessor;
(d) Two (2) completed land conservation contracts in a form approved by the
by the Community Development Director, covering all or some substantial
portion of the property within the proposed agricultural preserve, each
properly executed and acknowledged by the property owner;
(e) An initial deposit fee pursuant to the City of Saratoga's most current fee
schedule, together with an additional initial deposit fee pursuant to the City
of Saratoga's most current fee schedule if the application also includes a
request to rezone to "A" or "HR" zoning district.
2. Upon receipt of the application, the City Clerk shall check the same for adequacy and
completeness and upon determining the application as properly executed and complete, the
City Clerk shall then:
(a) Promptly submit the application and accompanying data to the City's
Community Development Department, who shall report thereon to the City
2
Council within thirty (30) days thereafter, and which report shall include a
statement as to whether or not the proposed preserve is consistent with the
General Plan;
(b) Set a public hearing for consideration of the application before the City
Council, publishing notice of the same once in a newspaper of general
circulation at least ten (10) days prior to the date of the hearing, and sending
a copy of said notice, postage prepaid, to all owners who have their
addresses set forth on the application.
3. A. At the time and place of the public hearing on the request to establish an agricultural
preserve, the City Council shall hear all interested persons. The hearing may be
continued from time to time. Following the public hearing the City Council may
either reject the request, or may by resolution establish all or any portion of the
lands included in the request as an agricultural preserve. Alternatively, the City
Council may abandon the proceedings prior to the public hearing by a resolution
setting forth the reasons for such abandonment.
B. Each resolution establishing an agricultural preserve shall contain a finding of
compatible uses within the preserve, and establish uniform rules for administering
that preserve as deemed advisable by the City Council.
C. In no event shall the City Council adopt a resolution establishing an agricultural
preserve until either (i) it has received a report on the request from the Community
Development Department, or (ii) the expiration of thirty (30) days from the date the
request was submitted to the Department in the event the Department fails to make
a report.
4. In the resolution establishing an agricultural preserve or at any time after its adoption, the
City Council may authorize the City Manager to enter into a land conservation contract
with any owner or owners of land within the preserve.
5. Attached hereto and marked as Exhibit "A," Land Conservation Contract: Compatible
Uses, is a list of land uses determined to be compatible with the agricultural use of the land
subject to a land conservation contract, which may be revised from time to time by the City
Council.
6. The City Clerk shall cause a duplicate original of each land conservation contract to be
recorded with the Santa Clara County Recorder within twenty (20) days after complete
execution, and shall file a copy with the Santa Clara County Assessor.
(Continued next page)
3
The above and foregoing resolution was duly and regularly passed and adopted by
the City Council of the City of Saratoga at a regular meeting thereof, held on 5th day of
October, 2016, by the following vote:
AYES: Mayor E. Manny Cappello, Vice Mayor Emily Lo, Council Member Mary -Lynne
Bernald, Howard A. Miller, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
ATTEST:
E. Manny Cappello, Mayor
Date: /o//3/Lo/P
74 6 b; e 6 rt-fs cti d , Dee(4,41 G i.k) _
Crystal Bothelio, City Clerk
4
EXHIBIT "A"
LAND CONSERVATION CONTRACT
COMPATIBLE USES
The following is a list of land uses determined to be compatible with the agricultural use of the
land subject to this agreement, when established in accord with the zoning regulations applicable
in the zoning district in which said land lies:
1. The drying, packing or other processing of an agricultural commodity usually
performed on the premises where it is produced but not including slaughter houses,
fertilizer yards, bone yards or plants for the reduction of animal of vegetable matter.
2. Structures necessary and incidental to the agricultural use of the land.
3. The holding of nonproducing land for future agricultural use.
4. The maintenance of land in its natural state for the purpose of preserving open space
for recreation or plant or animal preserves.
5. Single family dwellings incidental to the agricultural use of the land for the residence
of the owner, and the family of the owner or Single family dwellings incidental to the
agricultural use of the land for the residence of the lessee of the land and the family of
the lessee.
823416.2
Owner or lessee shall be construed to include:
(a) stockholders in family corporations
(b) beneficiaries of family trusts and estates
(c) owners of undivided partial interests in the fee
(d) joint tenants
6. Dwellings for persons employed by owner or lessee in the agricultural use of the land.
7. The construction and maintenance of a stand or shelter for the sale of agricultural
commodities produced on the land.
8. The erection, construction, alteration or maintenance of gas, electric, water or
communication utility facilities in compliance with Saratoga City Ordinance NS -3.20.
9. Public or private fishing.
10. Public or private riding or hiking trails.
11. Stables and the boarding of horses or other livestock but not including an animal
hospital or kennel.
5