HomeMy WebLinkAboutCity Council Resolution 549 RESOLUTION NO. ~9
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARAIDeA. ESTABLISHING PROCEDURES FOR
INITIATINg, FILING AND PROCESSING REQUESTS
TO ESTABLISH AGRICULTURAL PRESERVES
(W~LLIAMSON ACT)
(C 51231)
~EREAS California land Conservation Act of 1965 (The
W 1 iamson Actl authorizes cities to establish agricultural
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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 said 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 Ci~ty Council of this City 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 aut~orized by said Act, and
WHEREAS, said Act directs cities to state by resolution
the procedures for initiating, filing and processing requests
for the establishment of such agricultural preserves,
NOW, THEREFORE the City Council of the City of Saratoga
hereby resolves as follows:
The establishment of an agricultural preserve may be
initiated either by motion of the City Council, or upon an appli-
cation therefor by the land owner or land owners of the property
within the proposed preserve, as hereinafter set forth. 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 by other than motion of the City Council shall be upon
written application signed by all of the owners of the lands in-
cluded within the confines of the proposed preserve, and filed with
the City Clerk on forms appr~ved by the City Council, which shall
include the following data:
Names and addresses of all owners;
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 applicant 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), a
request to initiate a change of zoning to A zoning
district;
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(f) Such other data or information as may be
required by the approved form;
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 City Council, covering
all or some substantial portion of the property
within the proposed agricultural preserve, each
properly executed and acknowledged by the property
owns r;
(e) A filing fee in the sum of $ 25.00 , together
with an additional filing fee of $200.00 if the
apF, lication also includes a request to rezone to
"A' zoning district.
2. Upon receipt of the application, the City Clerk shall
check the same for the adequacy and completeness of all documentation
required thereon and documents to be included therewith, and upon
determining the same as properly executed and complete, he shall
then:
(a) Forthwith submit the application and accompanying
data to the City's Planning Department, who shall
report thereon to the City Council within thirty
(30) days thereafter, and which report shall in-
clude a statement as to whether or not the proposed
preserve is consistant with the General Plan;
(b) He shall set a public hearing on the application
before the City Council, publishing notice of the
same once in a newspaper of general circulation
at least 10 days prior to the date of the hearing,
and sending a copy of said notice, postage prepaid,
to all applicants who have their addresses set
forth on the application.
3. At the time and place of the public hearing on the
application, the City Council shall hear all persons interested
therein, and thereafter may either terminate said proceedings,
or may by resolution establish all or any portion of the lands
included in the application as an agricultural preserve. Said
public hearing may he continued from time to time, and in no
event shall the City Council adopt a resolution establishing an
agricultural preserve until it has either received a report on the
application from the Planning Department, or until the expiration
of thirty (30) days from the date said matter was submitted to
said Planning Department in the event said department fails to
report thereon.
Each resolution establishing an agricultural preserve shall
contain a finding of compatible uses within the preserve, and shall
set forth such uniform rules for administering that preserve as may
be deemed advisable and necessary by the City Council.
4. At any time at or after adopting a resolution estab-
lishing an agricultural preserve, the City Council may authorize
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the Mayor of said City to enter into a land conservation
agreement with any owner or owners of land within said agri-
cultural preserve, and said authorization ma , but need not,
be included as a part of the resolution establishing the
p re s · rye.
5. Anything to the contrary hereinabove not withstanding,
the City .Council may abandon any proceedings for the establishment
of an agricultural preserve at any time after the filing of an
application therefor or initiation of the same on the Council's
own motion, by minute or other resolution, which resolution shall
set forth the reasons for such abandonment.
, , 6. Attached hereto and ~rked, respectively, Exhibits "A"
and ~ ', are forms for the application for creation of an
agricultural preserve and for land conservation contract, which
forms are hereby specifically referred to and approved as official
forms of this City.
7. The City Clerk shall cause a duplicate original of each
land conservation agreement to be recorded with the Santa Clara
County Recorder within 20 days after the completed execution of
the same, and shall file a copy of the same with the Santa Clara
County Assessor. Within 30 days after adoption of this Resolution,
the City Clerk shall file a sample copy of the hereinabove approved
form of contract with the State Director of Agriculture.
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 the 21s__t day of October ,
1970, by the following vote:
AYES: Councilmen eobbins, Smith, Dwyer, Sandere,
NOES: None
ABSENT: ~
Mayor
ATTEST:
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EXHIBIT "A"
CITY COUNCIL
CITY OF SARATOGA
APPLICATION FOR LAND CONSERVATION CONTRACT
FOR INCLUSION OF LA~\~) INTO A CITY OF SARA-
TOGA AGRICLrLTURAL PRESERVE
NOTICE: APPLICATIONS MUST REPRESENT A MINI}RIb'I OF 20 ACRES, OR BE SUBMITTED
WIT~ APPLICATIONS FROM PROPERTY OWNERS OF CONTIGUOUS PROPERTY TOTAL-
ING 20 ACRES OR BE CONTIGUOUS TO AN ALREADY EXISTING AGRICULTURAL
PRESERVE.
Separate applications are required if titles to parcels are vested differently,
or if parcels of property are non-contiguous.
1. AP PL I C AN T - OW ~qE R
Name (Please print or ~ype)
. AGENT
Name
Number Street City Zip Code
(The above address will be used for all correspondence)
Telephone Number
2. LOCATION OF THE PROPERTY
side of
North, South, East, West Street or Road
and
at/between Street or Road Street or Road
2. ASSESSOR'S PARCEL NU>[BER(S)
Total acreage:
For each parcel attach:
1. Assessor Map (4) or 1 copy of reproducible (tracing, ~ranslucent, sepia,
etc.)
2. Leg'at descriptions (2) Identify each legal description by As'sessor Parcel
Number (s).
4. PRESENT USE OF PROPERTY (please check all applicable uses)
Agricultural
Orchard Row Crop. Hay... Gr az ing,__
Drying, Packing, Processing of Agricultural Commodity
Holding of Non-producing Land for Future Agricultural Use
Holding of Non-producing Mineral Resource Areas for Future Use
Maintained in Natural State for Recreational, Plant or Animal preserve
Single Family Dwelling for Residence of Family of Owner or Employees
Farm Labor
.Agricultural Stands (Sale of Produce)
Aircraft Landing Strips
Public Utility Installations
Communication Facilities
· Hunting aZd Fishing
Rifle and Pistol Ranges
Riding and Hiking Trails
Riding Academy
Gas & Oil Drilling
Vineyards
,Quarry or other mineral gathering activity
Other (describe) '
5. If the present zoning of this property is other than A (exclusive agricultural)
.. this application is accompanied by an application to the City of Saratoga to
change the zoning to A Zoning District.
6. Attach two completed Land Conservation_Contracts which'must be signed by all
property owners. All signatures must be properly acknowledged. Separate
applications are required if titles to parcels are vested differently or if
parcels of property are ~on-contiguous.
7. Detach and return completed property rental questionnaire to Assessor.
g. File application with the City Clerk, City of Saratoga, 13777 Fruitvale Avenue,
Saratoga, California 95070. Telephone Number 867-3438.
LAND CONSERVATION CONTRACT
This is an agreement between the City of Saratoga, California, (hereinafter
called "City'), and
(hereinafter cTalled "~qner").
WHEREAS, Owner possesses certain real property located within the City of
Saratoga, County of Santa Clara, State of California, which is presently devoted
to agricultural uses and is described in Exhibit B attached hereto and made a
part hereof; and
WHEREAS, the property is located in an agricultural preserve heretofore es-
tablished by City; and
WHEREAS, both Owner and City desire to limit the use of the property to ag-
ricultural and compatible uses; and
WHEREAS, the parties have determined that the highest and best use for the
property during the term of this contract, or any renewal thereof, shall be for
agricultural purposes.
NOW, THEREFORE, City and Owner agree as follows:
1. CONTRACT SUBJECT TO CALIFORNIA LAX~ CONSERVATION ACT OF 1965
This contract is entered into pursuant to Chapter 7 (commencing with Sections
51200) of Part 1,'Division 1, Title 5 of the Government Code, which is known as
the California LandConservation Act of 1965. This contract is subject to all of
the provisions of this Act including any amendments"ther~to ~hich may hereafter
be enacted. " ..
2. RESTRICTION ON USE OF PROPERTY
During the term of this contract, and any and all renewals thereof, the
property described in Exhibit B shall not be used by Owner, or Owner's successors
in interest, for any purpose other than the production of agricultural commodities
for commercial purposes and uses compatible thereto. A list of all such compatible
uses is set forth in Exhibit A, attached hereto and by this reference incorporated
herein. City, by uniform rule adopted by the .City Council of City, may from time
to time during the term of this contract and all rerewals thereof, add to the 1B t
of compatible uses which shall be uniform throughout the agricultural preserve in
which the property in Exhibit B is located; provided, however, City may not during
the term of this contract or any renewal thereof, without the prior written consent
of Owner, remove any of the compatible uses for the subject property which are set
forth in Exhibit A. The provisions of this contract and any uniform rule supplementing
the list of compatible uses are not intended to limit or supersede the planning and
zoning powers of City.
3. TERM OF CONTRACT
This contract shall become effective on the date of execution and shall remain
in full force and effect for an initial term of ten years. The initial term of ten
years shall be measured commencing as of the first day of January next succeeding the
date of execution if the date of execution is between March 2 and December 31. The
initial term of ten years shall be measured commencing as of the first of January of
the year of execution if the date of execution is between January 1 and March 1. Each
succeeding first day of January shall be deemed to be the annual renewal date of this
contract. This contract shall be renewed on each succeeding January 1 and one add-
itional year shall be added automatically to' the initial term unless notice of non-
renewal is given as provided in paragraph 4.
4. NOTICE OF NONRENEWAL
(a) If either party desires in any year not to renew this contract, that
party shall serve written notice of nonrenewal upon the other party insdvance of
the annual renewal date of this contract. Unless such wri[ten notice of nonrenewal
~s served by Owner at leat 90 days prior to the renewal date, or by City at least
60 days prior to the renewal date, this contract shall be considered renewed as
provided in paragraph 3 above'.
(b) If either party serves written notice of nonrenewal in any year within
the time limits of (a) above, this contract shall re~ain in effect for the balance
of the period remaining since the original execution or the last renewal of this
contract, as the case may be.
5. NO COb~ENSATION
Owner shall not receive any payment from City in consideration of the obliga-
tions imposed under this contract, it being recognized and agreed that the con-
sideration for the execution of this contract is the substantial benefit to be
derived therefrom, an~ the advantage that may accrue to Owner as a result of the
effect upon the assessed value of the property on account of the restrictions on
the use of the property contained herein.
6. SUCCESSORS IN INTEREST
This contract and the restrictions imposed hereunder shall be binding upon,
and insure to the benefit of, the successors in interest of the Owner. Whenever
~nyof the property described in Exhibit B is divided, the owner of any parcel may
exercise, independent of any other owner of a portion of the divided property,
any of the rights of the owner in this contract, including the right to give
notice of nonrenewal and to petition for cancellation. The effect of any such
action by the owner of a parcel created by the division of land described in
Exhibit B shall not be imputed to the owners of the remaining parcels and shall
have no effect on this contract as it applies to the remaining parcels of the divided
property. The territory described in Exhibit B is within one mile of the City of
_~u.Dert~no .... on the date of execution of this contract. The City of
_Cupertino did not protest the execution of this contract.
7. CA~NCELLAT ION
This contract may be cancelled and a cancellation fee imposed pursuant to the
provisions of the Land Conservation Act of 1965.
8. NOTICES
All notices required or permitted by this contract, including notice of a
change of address, shall be in writing and given by personal delivery or sent
by United States Mail addressed to the party intended to be notified. Notice
shall be deemed given as of the date of delivery in person or as of the date
when deposited in any post o£fice or any post office box regularly maintained
by the United States Government.
Notice to the City shall be addressed:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
Notice to the Owner shall be addressed:
Name:
Address:
City and State:
IN WITNESS W~jEREOF the parties here to have caused this contract to be
executed: by Gwner on and by City on .
ATTEST: CITY OF S~RATOGA
CITY CLERK MAYOR
APPROVED AS TO FOPS!
CITY ATTORNEY (Owner)
EXHIBIT A (TO EXHIBIT B OF RESOLUTION 549)
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 or 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~
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.
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 t'he land.
7. The construction and maintenance of a stand or shelter for the sale
of agricultural commodities produced on the lando
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 in-
cluding an animal hospital or kennel.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SA~NTA CLARA )
On %his day of , before lne,
the Undersign~ed~ a Notary Public in and for the State of
California with principal office in the County of Santa
Clara, residing therein, duly commissioned and sworn,
personally appeared
kno%~n to me to be the of
, the corporation that
executed the within instrument, and kno~m to me to be the
person who executed the within instrument on behalf of the
corporation therein named, and acknowledged to me that such
corporation executed the same pursuant to its By-Laws or a
resolution of the Board of Directors.
IN WIT~rESS ~'qEREOF, I ha e hereunto set my hand and
affixed my official se,~l the ~ay and year in this Certificate
first above written.
Notary Public in and for the
State of California
STATE OF CALIFORNIA )
COUNTY OF SA~ITA CLARA )
On this day of , before me,
the undersigned, a Notary Public in and for the State of
California with principal office in the 'County of Santa
Clara, residing therein, duly commissioned and sworn,
personally appeared
and '~ kno~.rn to me
to ~'~he persons described in, whose names are subscribed
to and who executed the within instrument, and acknowledged
that they executed the same.
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IN WITNESS ~EREOF, I have hereunto set my hand ahd
affixed my official seal the day and year in this Certificate
first above written.
Notary Public ~n and for the
State of California
STATE OF CALIFORNIA )
~ SS.
COUNTY OF SANTA CLARA )
On this day of , before me, ..... ,
a Notary Public in and for said County and State. residing therein, duly commiss-
ioned and sworn, personally appeared , known
to me to be the person described in and whose name is subscribed to the attached
instrument, and acknowledged to me that executed the same.
IN WITNESS ~rHEREOF, I have hereunto set my hand and affixed my official seal,
the day and year in this certificate first above written.
Notary Public in and for the
County of Santa Clara,
State of California
STATE OF CALIFORNIA )
) SS.
COUNTY OF SANTA CLARA )
On this day of . , 19 .... , before me,
, a Notary Public in and for the said County and State,
residing therein, duly commissioned and sworn, personally appeared
, known to me to be the Mayor of the City of Saratoga that
executed the within agreement and acknowledged to me that said City of Saratoga
did execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and 'affixed my offical seal
the day and year in this Certificate first above written.
NOTARY PUBLIC in and for said
County and State
My Commission Expires