This chapter is intended to identify the City's process for the initiation and processing of a notice of "nonrenewal" or cancellation of Williamson Act contracts in compliance with State law (Government Code Sections 51245 and 51281).
(Prior code § 16-770.010)
A. 
Nonrenewal Process.
1. 
Filing.
a. 
Initiation. Notice of nonrenewal may be initiated by either of the following, in compliance with State law (Government Code Section 51245):
i. 
Council. The Council may initiate a notice of nonrenewal; or
ii. 
Property Owner(s). The property owner(s) may initiate a notice of nonrenewal.
b. 
Filed with Department. A copy of the notice shall be filed with the Department.
c. 
Contents. The notice shall contain the following materials:
i. 
Notice Form. One copy of the completed notice form; and
ii. 
Preliminary Title Report. One copy of a current preliminary title report. Reports more than six months old are not considered current and shall not be accepted.
d. 
Deadline. The written notice shall be served on the City by the property owner(s) at least 90 days, or on the property owner(s) by the City at least 60 days, before the annual renewal date of the contract.
2. 
Recordation. The notice of nonrenewal shall be recorded in the following manner:
a. 
Document Preparation. Once the notice is deemed complete and acceptable, the City Clerk shall prepare all documents for recordation;
b. 
Forwarded for Recordation. The City Clerk shall forward the notice to the County Recorder's office for recordation;
c. 
Mailing of Copies. A copy of the recorded notice shall be mailed to the following:
i. 
The property owner(s);
ii. 
The Director of Conservation; and
iii. 
The County Assessor.
d. 
December Deadline. The notice shall be recorded in the County Recorder's office before December 1st in order to be processed for the following March 1st lien date, in compliance with State law (Government Code Section 51245).
B. 
Terminates in 10 Years. The notice of nonrenewal terminates the Williamson Act contract in 10 years, in compliance with State law (Government Code Section 51246(a)).
C. 
Assessment. During this 10-year nonrenewal period, the assessment of the subject property may incrementally increase.
(Prior code § 16-770.020)
A. 
Filing.
1. 
Initiation. A petition for cancellation may only be initiated by the property owner(s), in compliance with State law (Government Code Section 51281).
2. 
Filed With Department. The petition for cancellation shall be filed with the Department.
3. 
Fee. The property owner(s) shall pay the fee established by the Council's fee resolution at the time the petition for cancellation is filed with the Department.
4. 
Contents. The petition for cancellation shall contain the following materials:
a. 
Petition Form. One complete copy of the City's required form;
b. 
Preliminary Title Report. One copy of a current preliminary title report. Reports more than six months old are not considered current and shall not be accepted; and
c. 
Additional Information. Any additional information the Director determines to be necessary to process the petition.
B. 
Tentative Cancellation of Contract.
1. 
Notice. Notice of a public hearing shall be given as follows:
a. 
Published Notice. A legal notice shall be published at least once in a local newspaper of general circulation within the City at least 10 days before the hearing.
b. 
Mailed Notice. Notice shall be mailed to owners of contracted property within one mile, property owners within 300 feet, other concerned agencies, and the Department of Conservation.
2. 
Review Procedure. The Council shall conduct a public hearing in compliance with Section 16.88.050(C)(3)(b). (Actions in which the council is the review authority) for a tentative cancellation of the contract.
3. 
Findings. The Council may grant cancellation of the contract only if the findings in subsection (B)(3)(a)(i) or (ii) of this section, can be made in a positive manner:
a. 
The cancellation is consistent with the purposes of the Williamson Act. This finding can only be made if the cancellation is:
i. 
For property on which a Notice of Nonrenewal has been served in compliance with State law (Government Code Section 51245) and Section 16.236.020 (Nonrenewal of Williamson Act contract);
ii. 
Not likely to result in the removal of adjoining lands from agricultural use;
iii. 
For an alternative use of land which is consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan;
iv. 
Intended to ensure/maintain a contiguous pattern of urban development;
v. 
In an area which has no noncontracted land available and suitable for the proposed use which is intended for the subject property, or development of the contracted land would provide for a more contiguous pattern of urban development than would development of the available noncontracted land; and
vi. 
In compliance with the provisions of this chapter.
b. 
The cancellation is in the public interest. This finding can only be made if:
i. 
Other public considerations substantially outweigh the objectives of the Williamson Act; and
ii. 
There is no proximate noncontracted land in the area which is available and suitable for the proposed use which is intended for the subject property, or development of the contracted land would provide for a more contiguous pattern of urban development than would development of any proximate noncontracted land.
4. 
Notice of Decision. A notice of the decision on the tentative cancellation of the contract shall be published within 30 days of the Council's decision, with a copy to the Director of the Department of Conservation, in compliance with Government Code Section 51284.
5. 
Recordation. The City Clerk shall record the certificate of tentative cancellation with the County Recorder in compliance with Government Code Section 51283.4(a).
C. 
Certificate of Cancellation of Contract.
1. 
Resolution. Following the owner's notifying the Council that all conditions and contingencies have been satisfied, the Council shall execute a certificate of cancellation of contract within 30 days.
2. 
Recordation. The City Clerk shall record the certificate of cancellation with the County Recorder in compliance with Government Code Section 51283.4(b). Cancellation occurs when the certificate of cancellation is recorded.
3. 
Notice to Owner. The owner shall be noticed that the certificate of cancellation has been executed.
(Prior code § 16-770.030; Ord. 001-08 C.S. § 34)
Requests to subdivide property under Williamson Act Contract into parcels too small to sustain their agricultural purpose as defined in Government Code Section 66474.4 shall be denied, except:
A. 
City Not Succeeding to Contract. An annexation that has been approved by the Local Agency Formation Commission (LAFCO) and to which the City will not succeed to the contract in compliance with Government Code Sections 51243 and 51243.5, Government Code Section 66474.4(d)(1); or
B. 
Three Years Remaining on Contract. A written notice of nonrenewal of the contract in compliance with Section 16.236.020 (Nonrenewal of Williamson Act contract), has been served , as provided in Government Code Section 51245, and, as a result, there are no more than three years remaining in the term of the contract in compliance with Government Code Section 66474.4(d)(3).
(Prior code § 16-770.040)
A. 
Intent to Develop. Annexation into the City indicates an intent to develop.
B. 
Removal From Contract. No property owner shall be under Williamson Act contract at the time of annexation into the City in compliance with Government Code Sections 66474.4(d)(1), 51243, and 51243.5, unless a notice of nonrenewal has been filed and recorded for the property before the application for annexation is filed.
(Prior code § 16-770.040; Ord. 023-07 C.S. § 134)