State Codes and Statutes

Statutes > California > Gov > 51230-51239

GOVERNMENT CODE
SECTION 51230-51239



51230.  Beginning January 1, 1971, any county or city having a
general plan, and until December 31, 1970, any county or city, by
resolution, and after a public hearing may establish an agricultural
preserve. Notice of the hearing shall be published pursuant to
Section 6061, and shall include a legal description, or the assessor'
s parcel number, of the land which is proposed to be included within
the preserve. The preserves shall be established for the purpose of
defining the boundaries of those areas within which the city or
county will be willing to enter into contracts pursuant to this act.
An agricultural preserve shall consist of no less than 100 acres;
provided, that in order to meet this requirement two or more parcels
may be combined if they are contiguous or if they are in common
ownership; and further provided, that in order to meet this
requirement land zoned as timberland production pursuant to Chapter
6.7 (commencing with Section 51100) may be taken into account.
   A county or city may establish agricultural preserves of less than
100 acres if it finds that smaller preserves are necessary due to
the unique characteristics of the agricultural enterprises in the
area and that the establishment of preserves of less than 100 acres
is consistent with the general plan of the county or city.
   An agricultural preserve may contain land other than agricultural
land, but the use of any land within the preserve and not under
contract shall within two years of the effective date of any contract
on land within the preserve be restricted by zoning, including
appropriate minimum parcel sizes that are at a minimum consistent
with this chapter, in such a way as not to be incompatible with the
agricultural use of the land, the use of which is limited by contract
in accordance with this chapter.
   Failure on the part of the board or council to restrict the use of
land within a preserve but not subject to contract shall not be
sufficient reason to cancel or otherwise invalidate a contract.




51230.1.  (a) Nothing contained in this chapter shall prevent the
transfer of ownership from one immediate family member to another of
a portion of land which is currently designated as an agricultural
preserve in accordance with the provisions of this chapter, if all of
the following conditions are satisfied:
   (1) The parcel to be transferred is at least 10 acres in size in
the case of prime agricultural land or at least 40 acres in size in
the case of land which is not prime agricultural land, and otherwise
meets the requirements of Section 51222.
   (2) The parcel to be transferred conforms to the applicable local
zoning and land division ordinances and any applicable local coastal
program certified pursuant to Chapter 6 (commencing with Section
30500) of Division 20 of the Public Resources Code.
   (3) The parcel to be transferred complies with all applicable
requirements relating to agricultural income and permanent
agricultural improvements which are imposed by the county or city as
a condition of a contract executed pursuant to Article 3 (commencing
with Section 51240) covering the land of which the parcel to be
transferred is a portion. For purposes of this paragraph, if the
contracted land already complies with these requirements, the portion
of that land to be transferred shall be deemed to comply with these
requirements.
   (4) There exists a written agreement between the immediate family
members who are parties to the proposed transfer that the land which
is subject to a contract executed pursuant to Article 3 (commencing
with Section 51240) and the portion of that land which is to be
transferred will be operated under the joint management of the
parties subject to the terms and conditions and for the duration of
the contract executed pursuant to Article 3 (commencing with Section
51240).
   (b) A transfer of ownership described in subdivision (a) shall
have no effect on any contract executed pursuant to Article 3
(commencing with Section 51240) covering the land of which a portion
was the subject of that transfer. The portion so transferred shall
remain subject to that contract.
   (c) For purposes of this section, "immediate family" means the
spouse of the landowner, the natural or adopted children of the
landowner, the parents of the landowner, or the siblings of the
landowner.



51230.2.  (a) Except as provided in Section 51238, and
notwithstanding Section 51222 or 66474.4, a landowner may subdivide
land that is currently designated as an agricultural preserve if all
of the following apply:
   (1) The parcel to be sold or leased is no more than five acres.
   (2) The parcel shall be sold or leased to a nonprofit
organization, a city, a county, a housing authority, or a state
agency. A lessee that is a nonprofit organization shall not sublease
that parcel without the written consent of the landowner.
   (3) The parcel to be sold or leased shall be subject to a deed
restriction that limits the use of the parcel to agricultural laborer
housing facilities for not less than 30 years. That deed restriction
shall also require that parcel to be merged with the parcel from
which it was subdivided when the parcel ceases to be used for
agricultural laborer housing.
   (4) There is a written agreement between the parties to the sale
or lease and their successors to operate the parcel to be sold or
leased under joint management of the parties, subject to the terms
and conditions and for the duration of the contract executed pursuant
to Article 3 (commencing with Section 51240).
   (5) The parcel to be sold or leased is (A) within a city or (B) in
an unincorporated territory or sphere of influence that is
contiguous to one or more parcels that are already zoned residential,
commercial, or industrial and developed with existing residential,
commercial, or industrial uses.
   (b) The agricultural labor housing project shall be designed to
abate, to the extent practicable, impacts on adjacent landowners'
agricultural husbandry practices. The final plan for the housing
shall include an addendum that explains what features will be
included to meet this goal.
   (c) A subdivision of land pursuant to this section shall not
affect any contract executed pursuant to Article 3 (commencing with
Section 51240). The parcel to be sold or leased shall remain subject
to that contract.



51231.  For the purposes of this chapter, the board or council, by
resolution, shall adopt rules governing the administration of
agricultural preserves, including procedures for initiating, filing,
and processing requests to establish agricultural preserves. Rules
related to compatible uses shall be consistent with the provisions of
Section 51238.1. Those rules shall be applied uniformly throughout
the preserve. The board or council may require the payment of a
reasonable application fee. The same procedure that is required to
establish an agricultural preserve shall be used to disestablish or
to enlarge or diminish the size of an agricultural preserve. In
adopting rules related to compatible uses, the board or council may
enumerate those uses, including agricultural laborer housing which
are to be considered to be compatible uses on contracted lands
separately from those uses which are to be considered to be
compatible uses on lands not under contract within the agricultural
preserve.


51232.  In the event any proposal to disestablish or to alter the
boundary of an agricultural preserve will remove land under contract
from such a preserve, notice of the proposed alteration or
disestablishment and the date of the hearing shall be furnished by
the board or council to the owner of the land by certified mail
directed to him at his latest address known to the board or council.
Such notice shall also be published pursuant to Section 6061 and
shall be furnished by first-class mail to each owner of land under
contract, any portion of which is situated within one mile of the
exterior boundary of the land to be removed from the preserve.




51233.  When a county proposes to establish, disestablish, or alter
the boundary of an agricultural preserve it shall give written notice
at least two weeks before the hearing to the local agency formation
commission and to every city within the county within one mile of the
exterior boundaries of the preserve.


51234.  Any proposal to establish an agricultural preserve shall be
submitted to the planning department of the county or city having
jurisdiction over the land. If the county or city has no planning
department, a proposal to establish an agricultural preserve shall be
submitted to the planning commission. Within 30 days after receiving
such a proposal, the planning department or planning commission
shall submit a report thereon to the board or council. However, the
board or council may extend the time allowed for an additional period
not to exceed 30 days.
   The report shall include a statement that the preserve is
consistent with the general plan, and the board or council shall make
a finding to that effect. Final action upon the establishment of an
agricultural preserve may not be taken by the board or council until
the report required by this section is received from the planning
department or planning commission, or until the required 30 days have
elapsed and any extension thereof granted by the board or council
has elapsed.



51235.  An agricultural preserve shall continue in full effect
following annexation, detachment, incorporation or disincorporation
of land within the preserve.
   Any city or county acquiring jurisdiction over land in a preserve
by annexation, detachment, incorporation or disincorporation shall
have all the rights and responsibilities specified in this act for
cities or counties including the right to enlarge, diminish or
disestablish an agricultural preserve within its jurisdiction.




51236.  The effect of removal of land under contract from an
agricultural preserve shall be the equivalent of notice of nonrenewal
by the city or county removing the land from the agricultural
preserve and such city or county shall, at least 60 days prior to the
next renewal date following the removal, serve a notice of
nonrenewal as provided in Section 51245. Such notice of nonrenewal
shall be recorded as provided in Section 51248.



51237.  Whenever an agricultural preserve is established, and so
long as it shall be in effect, a map of such agricultural preserve
and the resolution under which the preserve was established shall be
filed and kept current by the city or county with the county
recorder.



51237.5.  On or before the first day of September of each year, each
city or county in which any agricultural preserve is located shall
file with the Director of Conservation a map of each city or county
and designate thereon all agricultural preserves in existence at the
end of the preceding fiscal year.


51238.  (a) (1) Notwithstanding any determination of compatible uses
by the county or city pursuant to this article, unless the board or
council after notice and hearing makes a finding to the contrary, the
erection, construction, alteration, or maintenance of gas, electric,
water, communication, or agricultural laborer housing facilities are
hereby determined to be compatible uses within any agricultural
preserve.
   (2) No land occupied by gas, electric, water, communication, or
agricultural laborer housing facilities shall be excluded from an
agricultural preserve by reason of that use.
   (b) The board of supervisors may impose conditions on lands or
land uses to be placed within preserves to permit and encourage
compatible uses in conformity with Section 51238.1, particularly
public outdoor recreational uses.



51238.1.  (a) Uses approved on contracted lands shall be consistent
with all of the following principles of compatibility:
   (1) The use will not significantly compromise the long-term
productive agricultural capability of the subject contracted parcel
or parcels or on other contracted lands in agricultural preserves.
   (2) The use will not significantly displace or impair current or
reasonably foreseeable agricultural operations on the subject
contracted parcel or parcels or on other contracted lands in
agricultural preserves. Uses that significantly displace agricultural
operations on the subject contracted parcel or parcels may be deemed
compatible if they relate directly to the production of commercial
agricultural products on the subject contracted parcel or parcels or
neighboring lands, including activities such as harvesting,
processing, or shipping.
   (3) The use will not result in the significant removal of adjacent
contracted land from agricultural or open-space use.
   In evaluating compatibility a board or council shall consider the
impacts on noncontracted lands in the agricultural preserve or
preserves.
   (b) A board or council may include in its compatible use rules or
ordinance conditional uses which, without conditions or mitigations,
would not be in compliance with this section. These conditional uses
shall conform to the principles of compatibility set forth in
subdivision (a) or, for nonprime lands only, satisfy the requirements
of subdivision (c).
   (c) In applying the criteria pursuant to subdivision (a), the
board or council may approve a use on nonprime land which, because of
onsite or offsite impacts, would not be in compliance with
paragraphs (1) and (2) of subdivision (a), provided the use is
approved pursuant to a conditional use permit that shall set forth
findings, based on substantial evidence in the record, demonstrating
the following:
   (1) Conditions have been required for, or incorporated into, the
use that mitigate or avoid those onsite and offsite impacts so as to
make the use consistent with the principles set forth in paragraphs
(1) and (2) of subdivision (a) to the greatest extent possible while
maintaining the purpose of the use.
   (2) The productive capability of the subject land has been
considered as well as the extent to which the use may displace or
impair agricultural operations.
   (3) The use is consistent with the purposes of this chapter to
preserve agricultural and open-space land or supports the
continuation of agricultural uses, as defined in Section 51205, or
the use or conservation of natural resources, on the subject parcel
or on other parcels in the agricultural preserve. The use of mineral
resources shall comply with Section 51238.2.
   (4) The use does not include a residential subdivision.
   For the purposes of this section, a board or council may define
nonprime land as land not defined as "prime agricultural land"
pursuant to subdivision (c) of Section 51201 or as land not
classified as "agricultural land" pursuant to subdivision (a) of
Section 21060.1 of the Public Resources Code.
   Nothing in this section shall be construed to overrule, rescind,
or modify the requirements contained in Sections 51230 and 51238
related to noncontracted lands within agricultural preserves.




51238.2.  Mineral extraction that is unable to meet the principles
of Section 51238.1 may nevertheless be approved as compatible use if
the board or council is able to document that (a) the underlying
contractual commitment to preserve prime agricultural land, as
defined in subdivision (c) of Section 51201, or (b) the underlying
contractual commitment to preserve land that is not prime
agricultural land for open-space use, as defined in subdivision (o)
of Section 51201, will not be significantly impaired.
   Conditions imposed on mineral extraction as a compatible use of
contracted land shall include compliance with the reclamation
standards adopted by the Mining and Geology Board pursuant to Section
2773 of the Public Resources Code, including the applicable
performance standards for prime agricultural land and other
agricultural land, and no exception to these standards may be
permitted.
   For purposes of this section, "contracted land" means all land
under a single contract for which an applicant seeks a compatible use
permit.



51238.3.  (a) The requirements of Sections 51238.1 and 51238.2 shall
not apply to compatible uses for which an application was submitted
to the city or county prior to June 7, 1994, provided that the use
constituted a "compatible use" as that term was defined by this
chapter either at the time the application was submitted, or at the
time the Williamson Act contract was signed with respect to the
subject contract lands, whichever is later.
   (b) Neither shall the requirements of Sections 51238.1 and 51238.2
apply to land uses of contracted lands in place prior to June 7,
1994, that constituted a "compatible use" as the term "compatible use"
was defined by this chapter either at the time the use was
initiated, or at the time the Williamson Act contract was signed with
respect to the subject contract lands, whichever is later.
   (c) (1) Neither shall the requirements of Sections 51238.1 and
51238.2 apply to uses that are expressly specified within the
contract itself prior to June 7, 1994, and that constituted a
"compatible use" as the term "compatible use" was defined by this
chapter at the time that Williamson Act contract was signed with
respect to the subject contract lands, or at the time the contract
was amended to include the uses, whichever is later. For purposes of
this subdivision, the requirements of Sections 51238.1 and 51238.2,
effective January 1, 1995, shall apply to contracts for which
contract nonrenewal was initiated and was withdrawn after January 1,
1995.
   (2) For purposes of this chapter, a compatible use is considered
to be expressly specified within the contract only if it is
specifically enumerated within the four corners of the Williamson Act
contract either without the benefit of referenced documents, or with
respect to Williamson Act contracts signed on or before June 7,
1997, with the benefit of referenced documents as those documents
existed at the time the Williamson Act contract was initially signed.
This subdivision shall be narrowly construed to be consistent with
the purposes of this chapter.


51238.5.  (a) If an owner of land agrees to permit the use of his or
her land for free public recreation, the board or council may agree
to indemnify the owner against all claims arising from that public
use. The owner's agreement that the land be used for free, public
recreation shall not be construed as an implied dedication to that
use.
   (b) If an owner of land agrees to permit the use of his or her
land for agricultural laborer housing facilities authorized pursuant
to Section 51238, the city, county, housing authority, state agency,
or nonprofit organization may indemnify the owner against all claims
arising from that use.


51239.  The board or council may appoint an advisory board, the
members of which shall serve at the pleasure of the board or council
and may be paid their expenses. They shall advise the board or
council on the administration of the agricultural preserves in the
county or city and on any matters relating to contracts entered into
pursuant to this chapter.


State Codes and Statutes

Statutes > California > Gov > 51230-51239

GOVERNMENT CODE
SECTION 51230-51239



51230.  Beginning January 1, 1971, any county or city having a
general plan, and until December 31, 1970, any county or city, by
resolution, and after a public hearing may establish an agricultural
preserve. Notice of the hearing shall be published pursuant to
Section 6061, and shall include a legal description, or the assessor'
s parcel number, of the land which is proposed to be included within
the preserve. The preserves shall be established for the purpose of
defining the boundaries of those areas within which the city or
county will be willing to enter into contracts pursuant to this act.
An agricultural preserve shall consist of no less than 100 acres;
provided, that in order to meet this requirement two or more parcels
may be combined if they are contiguous or if they are in common
ownership; and further provided, that in order to meet this
requirement land zoned as timberland production pursuant to Chapter
6.7 (commencing with Section 51100) may be taken into account.
   A county or city may establish agricultural preserves of less than
100 acres if it finds that smaller preserves are necessary due to
the unique characteristics of the agricultural enterprises in the
area and that the establishment of preserves of less than 100 acres
is consistent with the general plan of the county or city.
   An agricultural preserve may contain land other than agricultural
land, but the use of any land within the preserve and not under
contract shall within two years of the effective date of any contract
on land within the preserve be restricted by zoning, including
appropriate minimum parcel sizes that are at a minimum consistent
with this chapter, in such a way as not to be incompatible with the
agricultural use of the land, the use of which is limited by contract
in accordance with this chapter.
   Failure on the part of the board or council to restrict the use of
land within a preserve but not subject to contract shall not be
sufficient reason to cancel or otherwise invalidate a contract.




51230.1.  (a) Nothing contained in this chapter shall prevent the
transfer of ownership from one immediate family member to another of
a portion of land which is currently designated as an agricultural
preserve in accordance with the provisions of this chapter, if all of
the following conditions are satisfied:
   (1) The parcel to be transferred is at least 10 acres in size in
the case of prime agricultural land or at least 40 acres in size in
the case of land which is not prime agricultural land, and otherwise
meets the requirements of Section 51222.
   (2) The parcel to be transferred conforms to the applicable local
zoning and land division ordinances and any applicable local coastal
program certified pursuant to Chapter 6 (commencing with Section
30500) of Division 20 of the Public Resources Code.
   (3) The parcel to be transferred complies with all applicable
requirements relating to agricultural income and permanent
agricultural improvements which are imposed by the county or city as
a condition of a contract executed pursuant to Article 3 (commencing
with Section 51240) covering the land of which the parcel to be
transferred is a portion. For purposes of this paragraph, if the
contracted land already complies with these requirements, the portion
of that land to be transferred shall be deemed to comply with these
requirements.
   (4) There exists a written agreement between the immediate family
members who are parties to the proposed transfer that the land which
is subject to a contract executed pursuant to Article 3 (commencing
with Section 51240) and the portion of that land which is to be
transferred will be operated under the joint management of the
parties subject to the terms and conditions and for the duration of
the contract executed pursuant to Article 3 (commencing with Section
51240).
   (b) A transfer of ownership described in subdivision (a) shall
have no effect on any contract executed pursuant to Article 3
(commencing with Section 51240) covering the land of which a portion
was the subject of that transfer. The portion so transferred shall
remain subject to that contract.
   (c) For purposes of this section, "immediate family" means the
spouse of the landowner, the natural or adopted children of the
landowner, the parents of the landowner, or the siblings of the
landowner.



51230.2.  (a) Except as provided in Section 51238, and
notwithstanding Section 51222 or 66474.4, a landowner may subdivide
land that is currently designated as an agricultural preserve if all
of the following apply:
   (1) The parcel to be sold or leased is no more than five acres.
   (2) The parcel shall be sold or leased to a nonprofit
organization, a city, a county, a housing authority, or a state
agency. A lessee that is a nonprofit organization shall not sublease
that parcel without the written consent of the landowner.
   (3) The parcel to be sold or leased shall be subject to a deed
restriction that limits the use of the parcel to agricultural laborer
housing facilities for not less than 30 years. That deed restriction
shall also require that parcel to be merged with the parcel from
which it was subdivided when the parcel ceases to be used for
agricultural laborer housing.
   (4) There is a written agreement between the parties to the sale
or lease and their successors to operate the parcel to be sold or
leased under joint management of the parties, subject to the terms
and conditions and for the duration of the contract executed pursuant
to Article 3 (commencing with Section 51240).
   (5) The parcel to be sold or leased is (A) within a city or (B) in
an unincorporated territory or sphere of influence that is
contiguous to one or more parcels that are already zoned residential,
commercial, or industrial and developed with existing residential,
commercial, or industrial uses.
   (b) The agricultural labor housing project shall be designed to
abate, to the extent practicable, impacts on adjacent landowners'
agricultural husbandry practices. The final plan for the housing
shall include an addendum that explains what features will be
included to meet this goal.
   (c) A subdivision of land pursuant to this section shall not
affect any contract executed pursuant to Article 3 (commencing with
Section 51240). The parcel to be sold or leased shall remain subject
to that contract.



51231.  For the purposes of this chapter, the board or council, by
resolution, shall adopt rules governing the administration of
agricultural preserves, including procedures for initiating, filing,
and processing requests to establish agricultural preserves. Rules
related to compatible uses shall be consistent with the provisions of
Section 51238.1. Those rules shall be applied uniformly throughout
the preserve. The board or council may require the payment of a
reasonable application fee. The same procedure that is required to
establish an agricultural preserve shall be used to disestablish or
to enlarge or diminish the size of an agricultural preserve. In
adopting rules related to compatible uses, the board or council may
enumerate those uses, including agricultural laborer housing which
are to be considered to be compatible uses on contracted lands
separately from those uses which are to be considered to be
compatible uses on lands not under contract within the agricultural
preserve.


51232.  In the event any proposal to disestablish or to alter the
boundary of an agricultural preserve will remove land under contract
from such a preserve, notice of the proposed alteration or
disestablishment and the date of the hearing shall be furnished by
the board or council to the owner of the land by certified mail
directed to him at his latest address known to the board or council.
Such notice shall also be published pursuant to Section 6061 and
shall be furnished by first-class mail to each owner of land under
contract, any portion of which is situated within one mile of the
exterior boundary of the land to be removed from the preserve.




51233.  When a county proposes to establish, disestablish, or alter
the boundary of an agricultural preserve it shall give written notice
at least two weeks before the hearing to the local agency formation
commission and to every city within the county within one mile of the
exterior boundaries of the preserve.


51234.  Any proposal to establish an agricultural preserve shall be
submitted to the planning department of the county or city having
jurisdiction over the land. If the county or city has no planning
department, a proposal to establish an agricultural preserve shall be
submitted to the planning commission. Within 30 days after receiving
such a proposal, the planning department or planning commission
shall submit a report thereon to the board or council. However, the
board or council may extend the time allowed for an additional period
not to exceed 30 days.
   The report shall include a statement that the preserve is
consistent with the general plan, and the board or council shall make
a finding to that effect. Final action upon the establishment of an
agricultural preserve may not be taken by the board or council until
the report required by this section is received from the planning
department or planning commission, or until the required 30 days have
elapsed and any extension thereof granted by the board or council
has elapsed.



51235.  An agricultural preserve shall continue in full effect
following annexation, detachment, incorporation or disincorporation
of land within the preserve.
   Any city or county acquiring jurisdiction over land in a preserve
by annexation, detachment, incorporation or disincorporation shall
have all the rights and responsibilities specified in this act for
cities or counties including the right to enlarge, diminish or
disestablish an agricultural preserve within its jurisdiction.




51236.  The effect of removal of land under contract from an
agricultural preserve shall be the equivalent of notice of nonrenewal
by the city or county removing the land from the agricultural
preserve and such city or county shall, at least 60 days prior to the
next renewal date following the removal, serve a notice of
nonrenewal as provided in Section 51245. Such notice of nonrenewal
shall be recorded as provided in Section 51248.



51237.  Whenever an agricultural preserve is established, and so
long as it shall be in effect, a map of such agricultural preserve
and the resolution under which the preserve was established shall be
filed and kept current by the city or county with the county
recorder.



51237.5.  On or before the first day of September of each year, each
city or county in which any agricultural preserve is located shall
file with the Director of Conservation a map of each city or county
and designate thereon all agricultural preserves in existence at the
end of the preceding fiscal year.


51238.  (a) (1) Notwithstanding any determination of compatible uses
by the county or city pursuant to this article, unless the board or
council after notice and hearing makes a finding to the contrary, the
erection, construction, alteration, or maintenance of gas, electric,
water, communication, or agricultural laborer housing facilities are
hereby determined to be compatible uses within any agricultural
preserve.
   (2) No land occupied by gas, electric, water, communication, or
agricultural laborer housing facilities shall be excluded from an
agricultural preserve by reason of that use.
   (b) The board of supervisors may impose conditions on lands or
land uses to be placed within preserves to permit and encourage
compatible uses in conformity with Section 51238.1, particularly
public outdoor recreational uses.



51238.1.  (a) Uses approved on contracted lands shall be consistent
with all of the following principles of compatibility:
   (1) The use will not significantly compromise the long-term
productive agricultural capability of the subject contracted parcel
or parcels or on other contracted lands in agricultural preserves.
   (2) The use will not significantly displace or impair current or
reasonably foreseeable agricultural operations on the subject
contracted parcel or parcels or on other contracted lands in
agricultural preserves. Uses that significantly displace agricultural
operations on the subject contracted parcel or parcels may be deemed
compatible if they relate directly to the production of commercial
agricultural products on the subject contracted parcel or parcels or
neighboring lands, including activities such as harvesting,
processing, or shipping.
   (3) The use will not result in the significant removal of adjacent
contracted land from agricultural or open-space use.
   In evaluating compatibility a board or council shall consider the
impacts on noncontracted lands in the agricultural preserve or
preserves.
   (b) A board or council may include in its compatible use rules or
ordinance conditional uses which, without conditions or mitigations,
would not be in compliance with this section. These conditional uses
shall conform to the principles of compatibility set forth in
subdivision (a) or, for nonprime lands only, satisfy the requirements
of subdivision (c).
   (c) In applying the criteria pursuant to subdivision (a), the
board or council may approve a use on nonprime land which, because of
onsite or offsite impacts, would not be in compliance with
paragraphs (1) and (2) of subdivision (a), provided the use is
approved pursuant to a conditional use permit that shall set forth
findings, based on substantial evidence in the record, demonstrating
the following:
   (1) Conditions have been required for, or incorporated into, the
use that mitigate or avoid those onsite and offsite impacts so as to
make the use consistent with the principles set forth in paragraphs
(1) and (2) of subdivision (a) to the greatest extent possible while
maintaining the purpose of the use.
   (2) The productive capability of the subject land has been
considered as well as the extent to which the use may displace or
impair agricultural operations.
   (3) The use is consistent with the purposes of this chapter to
preserve agricultural and open-space land or supports the
continuation of agricultural uses, as defined in Section 51205, or
the use or conservation of natural resources, on the subject parcel
or on other parcels in the agricultural preserve. The use of mineral
resources shall comply with Section 51238.2.
   (4) The use does not include a residential subdivision.
   For the purposes of this section, a board or council may define
nonprime land as land not defined as "prime agricultural land"
pursuant to subdivision (c) of Section 51201 or as land not
classified as "agricultural land" pursuant to subdivision (a) of
Section 21060.1 of the Public Resources Code.
   Nothing in this section shall be construed to overrule, rescind,
or modify the requirements contained in Sections 51230 and 51238
related to noncontracted lands within agricultural preserves.




51238.2.  Mineral extraction that is unable to meet the principles
of Section 51238.1 may nevertheless be approved as compatible use if
the board or council is able to document that (a) the underlying
contractual commitment to preserve prime agricultural land, as
defined in subdivision (c) of Section 51201, or (b) the underlying
contractual commitment to preserve land that is not prime
agricultural land for open-space use, as defined in subdivision (o)
of Section 51201, will not be significantly impaired.
   Conditions imposed on mineral extraction as a compatible use of
contracted land shall include compliance with the reclamation
standards adopted by the Mining and Geology Board pursuant to Section
2773 of the Public Resources Code, including the applicable
performance standards for prime agricultural land and other
agricultural land, and no exception to these standards may be
permitted.
   For purposes of this section, "contracted land" means all land
under a single contract for which an applicant seeks a compatible use
permit.



51238.3.  (a) The requirements of Sections 51238.1 and 51238.2 shall
not apply to compatible uses for which an application was submitted
to the city or county prior to June 7, 1994, provided that the use
constituted a "compatible use" as that term was defined by this
chapter either at the time the application was submitted, or at the
time the Williamson Act contract was signed with respect to the
subject contract lands, whichever is later.
   (b) Neither shall the requirements of Sections 51238.1 and 51238.2
apply to land uses of contracted lands in place prior to June 7,
1994, that constituted a "compatible use" as the term "compatible use"
was defined by this chapter either at the time the use was
initiated, or at the time the Williamson Act contract was signed with
respect to the subject contract lands, whichever is later.
   (c) (1) Neither shall the requirements of Sections 51238.1 and
51238.2 apply to uses that are expressly specified within the
contract itself prior to June 7, 1994, and that constituted a
"compatible use" as the term "compatible use" was defined by this
chapter at the time that Williamson Act contract was signed with
respect to the subject contract lands, or at the time the contract
was amended to include the uses, whichever is later. For purposes of
this subdivision, the requirements of Sections 51238.1 and 51238.2,
effective January 1, 1995, shall apply to contracts for which
contract nonrenewal was initiated and was withdrawn after January 1,
1995.
   (2) For purposes of this chapter, a compatible use is considered
to be expressly specified within the contract only if it is
specifically enumerated within the four corners of the Williamson Act
contract either without the benefit of referenced documents, or with
respect to Williamson Act contracts signed on or before June 7,
1997, with the benefit of referenced documents as those documents
existed at the time the Williamson Act contract was initially signed.
This subdivision shall be narrowly construed to be consistent with
the purposes of this chapter.


51238.5.  (a) If an owner of land agrees to permit the use of his or
her land for free public recreation, the board or council may agree
to indemnify the owner against all claims arising from that public
use. The owner's agreement that the land be used for free, public
recreation shall not be construed as an implied dedication to that
use.
   (b) If an owner of land agrees to permit the use of his or her
land for agricultural laborer housing facilities authorized pursuant
to Section 51238, the city, county, housing authority, state agency,
or nonprofit organization may indemnify the owner against all claims
arising from that use.


51239.  The board or council may appoint an advisory board, the
members of which shall serve at the pleasure of the board or council
and may be paid their expenses. They shall advise the board or
council on the administration of the agricultural preserves in the
county or city and on any matters relating to contracts entered into
pursuant to this chapter.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 51230-51239

GOVERNMENT CODE
SECTION 51230-51239



51230.  Beginning January 1, 1971, any county or city having a
general plan, and until December 31, 1970, any county or city, by
resolution, and after a public hearing may establish an agricultural
preserve. Notice of the hearing shall be published pursuant to
Section 6061, and shall include a legal description, or the assessor'
s parcel number, of the land which is proposed to be included within
the preserve. The preserves shall be established for the purpose of
defining the boundaries of those areas within which the city or
county will be willing to enter into contracts pursuant to this act.
An agricultural preserve shall consist of no less than 100 acres;
provided, that in order to meet this requirement two or more parcels
may be combined if they are contiguous or if they are in common
ownership; and further provided, that in order to meet this
requirement land zoned as timberland production pursuant to Chapter
6.7 (commencing with Section 51100) may be taken into account.
   A county or city may establish agricultural preserves of less than
100 acres if it finds that smaller preserves are necessary due to
the unique characteristics of the agricultural enterprises in the
area and that the establishment of preserves of less than 100 acres
is consistent with the general plan of the county or city.
   An agricultural preserve may contain land other than agricultural
land, but the use of any land within the preserve and not under
contract shall within two years of the effective date of any contract
on land within the preserve be restricted by zoning, including
appropriate minimum parcel sizes that are at a minimum consistent
with this chapter, in such a way as not to be incompatible with the
agricultural use of the land, the use of which is limited by contract
in accordance with this chapter.
   Failure on the part of the board or council to restrict the use of
land within a preserve but not subject to contract shall not be
sufficient reason to cancel or otherwise invalidate a contract.




51230.1.  (a) Nothing contained in this chapter shall prevent the
transfer of ownership from one immediate family member to another of
a portion of land which is currently designated as an agricultural
preserve in accordance with the provisions of this chapter, if all of
the following conditions are satisfied:
   (1) The parcel to be transferred is at least 10 acres in size in
the case of prime agricultural land or at least 40 acres in size in
the case of land which is not prime agricultural land, and otherwise
meets the requirements of Section 51222.
   (2) The parcel to be transferred conforms to the applicable local
zoning and land division ordinances and any applicable local coastal
program certified pursuant to Chapter 6 (commencing with Section
30500) of Division 20 of the Public Resources Code.
   (3) The parcel to be transferred complies with all applicable
requirements relating to agricultural income and permanent
agricultural improvements which are imposed by the county or city as
a condition of a contract executed pursuant to Article 3 (commencing
with Section 51240) covering the land of which the parcel to be
transferred is a portion. For purposes of this paragraph, if the
contracted land already complies with these requirements, the portion
of that land to be transferred shall be deemed to comply with these
requirements.
   (4) There exists a written agreement between the immediate family
members who are parties to the proposed transfer that the land which
is subject to a contract executed pursuant to Article 3 (commencing
with Section 51240) and the portion of that land which is to be
transferred will be operated under the joint management of the
parties subject to the terms and conditions and for the duration of
the contract executed pursuant to Article 3 (commencing with Section
51240).
   (b) A transfer of ownership described in subdivision (a) shall
have no effect on any contract executed pursuant to Article 3
(commencing with Section 51240) covering the land of which a portion
was the subject of that transfer. The portion so transferred shall
remain subject to that contract.
   (c) For purposes of this section, "immediate family" means the
spouse of the landowner, the natural or adopted children of the
landowner, the parents of the landowner, or the siblings of the
landowner.



51230.2.  (a) Except as provided in Section 51238, and
notwithstanding Section 51222 or 66474.4, a landowner may subdivide
land that is currently designated as an agricultural preserve if all
of the following apply:
   (1) The parcel to be sold or leased is no more than five acres.
   (2) The parcel shall be sold or leased to a nonprofit
organization, a city, a county, a housing authority, or a state
agency. A lessee that is a nonprofit organization shall not sublease
that parcel without the written consent of the landowner.
   (3) The parcel to be sold or leased shall be subject to a deed
restriction that limits the use of the parcel to agricultural laborer
housing facilities for not less than 30 years. That deed restriction
shall also require that parcel to be merged with the parcel from
which it was subdivided when the parcel ceases to be used for
agricultural laborer housing.
   (4) There is a written agreement between the parties to the sale
or lease and their successors to operate the parcel to be sold or
leased under joint management of the parties, subject to the terms
and conditions and for the duration of the contract executed pursuant
to Article 3 (commencing with Section 51240).
   (5) The parcel to be sold or leased is (A) within a city or (B) in
an unincorporated territory or sphere of influence that is
contiguous to one or more parcels that are already zoned residential,
commercial, or industrial and developed with existing residential,
commercial, or industrial uses.
   (b) The agricultural labor housing project shall be designed to
abate, to the extent practicable, impacts on adjacent landowners'
agricultural husbandry practices. The final plan for the housing
shall include an addendum that explains what features will be
included to meet this goal.
   (c) A subdivision of land pursuant to this section shall not
affect any contract executed pursuant to Article 3 (commencing with
Section 51240). The parcel to be sold or leased shall remain subject
to that contract.



51231.  For the purposes of this chapter, the board or council, by
resolution, shall adopt rules governing the administration of
agricultural preserves, including procedures for initiating, filing,
and processing requests to establish agricultural preserves. Rules
related to compatible uses shall be consistent with the provisions of
Section 51238.1. Those rules shall be applied uniformly throughout
the preserve. The board or council may require the payment of a
reasonable application fee. The same procedure that is required to
establish an agricultural preserve shall be used to disestablish or
to enlarge or diminish the size of an agricultural preserve. In
adopting rules related to compatible uses, the board or council may
enumerate those uses, including agricultural laborer housing which
are to be considered to be compatible uses on contracted lands
separately from those uses which are to be considered to be
compatible uses on lands not under contract within the agricultural
preserve.


51232.  In the event any proposal to disestablish or to alter the
boundary of an agricultural preserve will remove land under contract
from such a preserve, notice of the proposed alteration or
disestablishment and the date of the hearing shall be furnished by
the board or council to the owner of the land by certified mail
directed to him at his latest address known to the board or council.
Such notice shall also be published pursuant to Section 6061 and
shall be furnished by first-class mail to each owner of land under
contract, any portion of which is situated within one mile of the
exterior boundary of the land to be removed from the preserve.




51233.  When a county proposes to establish, disestablish, or alter
the boundary of an agricultural preserve it shall give written notice
at least two weeks before the hearing to the local agency formation
commission and to every city within the county within one mile of the
exterior boundaries of the preserve.


51234.  Any proposal to establish an agricultural preserve shall be
submitted to the planning department of the county or city having
jurisdiction over the land. If the county or city has no planning
department, a proposal to establish an agricultural preserve shall be
submitted to the planning commission. Within 30 days after receiving
such a proposal, the planning department or planning commission
shall submit a report thereon to the board or council. However, the
board or council may extend the time allowed for an additional period
not to exceed 30 days.
   The report shall include a statement that the preserve is
consistent with the general plan, and the board or council shall make
a finding to that effect. Final action upon the establishment of an
agricultural preserve may not be taken by the board or council until
the report required by this section is received from the planning
department or planning commission, or until the required 30 days have
elapsed and any extension thereof granted by the board or council
has elapsed.



51235.  An agricultural preserve shall continue in full effect
following annexation, detachment, incorporation or disincorporation
of land within the preserve.
   Any city or county acquiring jurisdiction over land in a preserve
by annexation, detachment, incorporation or disincorporation shall
have all the rights and responsibilities specified in this act for
cities or counties including the right to enlarge, diminish or
disestablish an agricultural preserve within its jurisdiction.




51236.  The effect of removal of land under contract from an
agricultural preserve shall be the equivalent of notice of nonrenewal
by the city or county removing the land from the agricultural
preserve and such city or county shall, at least 60 days prior to the
next renewal date following the removal, serve a notice of
nonrenewal as provided in Section 51245. Such notice of nonrenewal
shall be recorded as provided in Section 51248.



51237.  Whenever an agricultural preserve is established, and so
long as it shall be in effect, a map of such agricultural preserve
and the resolution under which the preserve was established shall be
filed and kept current by the city or county with the county
recorder.



51237.5.  On or before the first day of September of each year, each
city or county in which any agricultural preserve is located shall
file with the Director of Conservation a map of each city or county
and designate thereon all agricultural preserves in existence at the
end of the preceding fiscal year.


51238.  (a) (1) Notwithstanding any determination of compatible uses
by the county or city pursuant to this article, unless the board or
council after notice and hearing makes a finding to the contrary, the
erection, construction, alteration, or maintenance of gas, electric,
water, communication, or agricultural laborer housing facilities are
hereby determined to be compatible uses within any agricultural
preserve.
   (2) No land occupied by gas, electric, water, communication, or
agricultural laborer housing facilities shall be excluded from an
agricultural preserve by reason of that use.
   (b) The board of supervisors may impose conditions on lands or
land uses to be placed within preserves to permit and encourage
compatible uses in conformity with Section 51238.1, particularly
public outdoor recreational uses.



51238.1.  (a) Uses approved on contracted lands shall be consistent
with all of the following principles of compatibility:
   (1) The use will not significantly compromise the long-term
productive agricultural capability of the subject contracted parcel
or parcels or on other contracted lands in agricultural preserves.
   (2) The use will not significantly displace or impair current or
reasonably foreseeable agricultural operations on the subject
contracted parcel or parcels or on other contracted lands in
agricultural preserves. Uses that significantly displace agricultural
operations on the subject contracted parcel or parcels may be deemed
compatible if they relate directly to the production of commercial
agricultural products on the subject contracted parcel or parcels or
neighboring lands, including activities such as harvesting,
processing, or shipping.
   (3) The use will not result in the significant removal of adjacent
contracted land from agricultural or open-space use.
   In evaluating compatibility a board or council shall consider the
impacts on noncontracted lands in the agricultural preserve or
preserves.
   (b) A board or council may include in its compatible use rules or
ordinance conditional uses which, without conditions or mitigations,
would not be in compliance with this section. These conditional uses
shall conform to the principles of compatibility set forth in
subdivision (a) or, for nonprime lands only, satisfy the requirements
of subdivision (c).
   (c) In applying the criteria pursuant to subdivision (a), the
board or council may approve a use on nonprime land which, because of
onsite or offsite impacts, would not be in compliance with
paragraphs (1) and (2) of subdivision (a), provided the use is
approved pursuant to a conditional use permit that shall set forth
findings, based on substantial evidence in the record, demonstrating
the following:
   (1) Conditions have been required for, or incorporated into, the
use that mitigate or avoid those onsite and offsite impacts so as to
make the use consistent with the principles set forth in paragraphs
(1) and (2) of subdivision (a) to the greatest extent possible while
maintaining the purpose of the use.
   (2) The productive capability of the subject land has been
considered as well as the extent to which the use may displace or
impair agricultural operations.
   (3) The use is consistent with the purposes of this chapter to
preserve agricultural and open-space land or supports the
continuation of agricultural uses, as defined in Section 51205, or
the use or conservation of natural resources, on the subject parcel
or on other parcels in the agricultural preserve. The use of mineral
resources shall comply with Section 51238.2.
   (4) The use does not include a residential subdivision.
   For the purposes of this section, a board or council may define
nonprime land as land not defined as "prime agricultural land"
pursuant to subdivision (c) of Section 51201 or as land not
classified as "agricultural land" pursuant to subdivision (a) of
Section 21060.1 of the Public Resources Code.
   Nothing in this section shall be construed to overrule, rescind,
or modify the requirements contained in Sections 51230 and 51238
related to noncontracted lands within agricultural preserves.




51238.2.  Mineral extraction that is unable to meet the principles
of Section 51238.1 may nevertheless be approved as compatible use if
the board or council is able to document that (a) the underlying
contractual commitment to preserve prime agricultural land, as
defined in subdivision (c) of Section 51201, or (b) the underlying
contractual commitment to preserve land that is not prime
agricultural land for open-space use, as defined in subdivision (o)
of Section 51201, will not be significantly impaired.
   Conditions imposed on mineral extraction as a compatible use of
contracted land shall include compliance with the reclamation
standards adopted by the Mining and Geology Board pursuant to Section
2773 of the Public Resources Code, including the applicable
performance standards for prime agricultural land and other
agricultural land, and no exception to these standards may be
permitted.
   For purposes of this section, "contracted land" means all land
under a single contract for which an applicant seeks a compatible use
permit.



51238.3.  (a) The requirements of Sections 51238.1 and 51238.2 shall
not apply to compatible uses for which an application was submitted
to the city or county prior to June 7, 1994, provided that the use
constituted a "compatible use" as that term was defined by this
chapter either at the time the application was submitted, or at the
time the Williamson Act contract was signed with respect to the
subject contract lands, whichever is later.
   (b) Neither shall the requirements of Sections 51238.1 and 51238.2
apply to land uses of contracted lands in place prior to June 7,
1994, that constituted a "compatible use" as the term "compatible use"
was defined by this chapter either at the time the use was
initiated, or at the time the Williamson Act contract was signed with
respect to the subject contract lands, whichever is later.
   (c) (1) Neither shall the requirements of Sections 51238.1 and
51238.2 apply to uses that are expressly specified within the
contract itself prior to June 7, 1994, and that constituted a
"compatible use" as the term "compatible use" was defined by this
chapter at the time that Williamson Act contract was signed with
respect to the subject contract lands, or at the time the contract
was amended to include the uses, whichever is later. For purposes of
this subdivision, the requirements of Sections 51238.1 and 51238.2,
effective January 1, 1995, shall apply to contracts for which
contract nonrenewal was initiated and was withdrawn after January 1,
1995.
   (2) For purposes of this chapter, a compatible use is considered
to be expressly specified within the contract only if it is
specifically enumerated within the four corners of the Williamson Act
contract either without the benefit of referenced documents, or with
respect to Williamson Act contracts signed on or before June 7,
1997, with the benefit of referenced documents as those documents
existed at the time the Williamson Act contract was initially signed.
This subdivision shall be narrowly construed to be consistent with
the purposes of this chapter.


51238.5.  (a) If an owner of land agrees to permit the use of his or
her land for free public recreation, the board or council may agree
to indemnify the owner against all claims arising from that public
use. The owner's agreement that the land be used for free, public
recreation shall not be construed as an implied dedication to that
use.
   (b) If an owner of land agrees to permit the use of his or her
land for agricultural laborer housing facilities authorized pursuant
to Section 51238, the city, county, housing authority, state agency,
or nonprofit organization may indemnify the owner against all claims
arising from that use.


51239.  The board or council may appoint an advisory board, the
members of which shall serve at the pleasure of the board or council
and may be paid their expenses. They shall advise the board or
council on the administration of the agricultural preserves in the
county or city and on any matters relating to contracts entered into
pursuant to this chapter.