ATTACHMENT A

RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AMENDING RESOLUTION NO. 44396 CONCERNING THE

CALIFORNIA LAND CONSERVATION ACT TO INCLUDE THE

FARMLAND SECURITY ZONE PROGRAM

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that:

WHEREAS, through the California Land Conservation Act (Government Code, Section 51200, et seq.; the "Williamson Act"), the County has entered into many land conservation contracts in which a property owner voluntarily agrees to preserve lands with prime soils, intensive high value agricultural operations and/or open space in return for a reduction in property taxes for a minimum ten (10) year term; and

WHEREAS, on May 12, 1983, the Board of Supervisors adopted Resolution No. 44396 to conform the County's procedures for implementing the Williamson Act; and

WHEREAS, the California Legislature had recently added the Farmland Security Zone Program (Government Code, Section 51296 et seq.) to the Williamson Act to expand options available for property owners for the preservation of agricultural lands including, among other things, a longer minimum term for qualifying land conservation contracts in return for greater property tax reduction; and

WHEREAS, the Board of Supervisors desires to strengthen the County's agricultural land preservation program by participating in the new Farmland Security Zone Program and to amend Resolution 44396 to that effect.

NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors does hereby establish the following rules to implement the Williamson Act, and the Farmland Security Zone Program:

1.

Application. A property owner shall submit his application to the San Mateo County Planning Division on a form supplied by the Division. The Planning Division shall review the application and submit it to the Planning Commission for a public hearing. The Planning Division is directed to refuse to process incomplete application forms.

2.

Recommendation of Planning Commission. The Planning Commission shall, within sixty (60) days after receipt of the application, hold a public hearing and submit to the Board of Supervisors a recommendation of approval or disapproval as to establishment of the preserve and the contract, and whether the preserve, if established, is consistent with the General Plan of San Mateo County and within the intent of the Land Conversation Act.

3.

Hearing and Notice. The Board of Supervisors shall establish a preserve after a public hearing has been held on the matter, and notice thereof given as provided in Section 6061 of the Government Code. The notice shall contain the applicant's name, mailing address, date, time and place of the hearing, and legal description or Assessor's Parcel Number(s) describing the property.

4.

Notice to LAFCo and Cities. Written notice on the matter shall be given by first-class mail to the Local Agency Formation Commission and to every city within one (1) mile of the exterior boundaries of the proposed preserve at least two (2) weeks before the public hearing of both the Planning Commission and the Board of Supervisors.

5.

Form of Contracts. There shall be three (3) forms of Williamson Act Contracts.

a.

Class A Contracts shall be available for all lands within two (2) miles of areas designated for urbanization or as rural service areas on the County General Plan and which contain predominantly (greater than 50%) prime and moderately prime agricultural soils defined by the U.S. Department of Agriculture as Soil Classes I, II, and III.

b.

Class B Contracts shall be available for all other lands which otherwise meet the requirements of this resolution.

c.

Farmland Security Zone Contracts shall be available for lands designated on the Important Farmland Series Maps, available in the Planning Division, as predominantly one of the following:

(1)

Prime Farmland.

(2)

Farmland of Statewide Significance.

(3)

Unique Farmland.

(4)

Farmland of a Local Importance.

If the proposed Farmland Security Zone is in an area that is not designated on the Important Farmland Series Maps, the land may still qualify if it is predominately prime agricultural land as defined under the Williamson Act.

6.

Minimum Parcel Sizes Required.

a.

Lands under a Class A Contract shall consist of not less than 40 acres, provided that a parcel of at least 5 acres may be considered if the parcel is intensive agricultural use. Two or more parcels may be combined to meet the 40-acre requirement if said parcels are contiguous or in common ownership. (Intensive agricultural use shall be defined as an agricultural operation producing income equivalent in value to $200 to $250 per ace per year over a three (3) year period, or as otherwise defined by the Planning Division.)

b.

Lands under a Class B Contract shall consist of not less than 100 acres, provided that in order to meet the 100-acre requirement, two (2) or more parcels, may be combined if said parcels are contiguous or in common ownership. A preserve may consist of not less than 40 acres if contiguous to an existing Williamson Act Preserve.

7.

Terms of Contract. Both Class A and Class B Contracts shall have a minimum term of ten (10) years. Farmland Security Zone Contracts shall have a minimum term of twenty (20) years.

8.

Division of Lands Under Contract. Division of land under Class A, Class B or Farmland Security Zone Contracts shall be limited to:

a.

In the Planned Agricultural District, land divisions which receive a Planned Agricultural Use Permit. The provisions of Rule 14 below to the contrary notwithstanding, the provisions of this Rule 8.a, shall apply to all lands under California Land Conservation Contract in the Planned Agricultural District.

b.

In all other districts, a minimum parcel size of 40 acres.

9.

Other General Criteria. Property to be included in a preserve shall be located in the RM (Resource Management) District, RM-CZ (Resource Management-Coastal Zone) and PAD (Planned Agricultural District) and shall be in agricultural or open space use or be suitable for agricultural or open space uses or compatible uses or use in growing forest products. Lands with exceptionally high open space value or unique agricultural value, as determined by the Board of Supervisors upon recommendation of the Planning Commission, may be eligible for either Class A or Class B Contracts regardless of size, provided that the establishment of the preserve is consistent with the County General Plan. The minimum acreage of any parcel of land to be included in a preserve shall be five (5) acres.

10.

Disestablishment of a Preserve or Cancellation of a Preserve Contract. The County's policy is that Class A Contracts shall be cancelable only if the Board of Supervisors finds that the cancellation is not inconsistent with the purposes of the Williamson Act, and that cancellation is in the public interest. The uneconomic character of an existing agricultural use may be considered only if there is not other reasonable or comparable agricultural use to which the land may be put. It is further the County's policy that Class B Contracts shall not be cancelable and that it is against the withdrawal of lands from an agricultural preserve prior to completion of the term set forth in the contract. Termination of a Farmland Security Zone Contract shall be governed by Article 7 of the Williamson Act (Government Code, Section 51296 et seq.).

11.

Alteration of Boundaries of Preserve. The rules applicable herein to establish a preserve shall apply in the event there is a proposed alteration to the boundaries of an existing preserve.

12.

Notice to Contracting Party. If a hearing is scheduled on a proposal to cancel, disestablish, or alter the boundary of a preserve which will remove land under contract from such a preserve, the County Planning Division shall give notice two (2) weeks prior to the proposed hearing by publication pursuant to Government Code Section 6061 and by first-class mail as follows:

a.

To the owner whose land is removed from the preserve: Notice shall be by certified mail to the address specified in the contract for giving notice of non-renewal.

b.

To all other owners of property within the preserve, and within one (1) mile of the exterior boundary of the land upon which the contract is proposed to be canceled or disestablished: Notice shall be by first-class mail to the latest address available to the County.

c.

To the Local Agency Formation Commission and to every city within one (1) mile of the exterior boundaries of the preserve.

13.

A non-returnable fee as set by resolution of the Board of Supervisors shall be charged for filing an application for the purpose of helping defray costs of processing the application.

14.

This resolution supersedes the rules established for agricultural preserves contained in Resolution 28375 adopted October 27, 1970 and Resolution 44396 adopted May 12, 1983. The rules for agricultural preserves contained in Resolution No. 28375 shall continue to be effective and in force as to agricultural preserves established prior to May 15, 1977.

15.

Farmland Security Zones. A landowner or group of landowners may petition the Board to rescind a Williamson Act Contract or Contracts and place the land subject to the contract simultaneously under a new Farmland Security Zone Contract. A landowner or group of landowners may also petition the Board to create a Farmland Security Zone for the purpose of entering into Farmland Security Zone Contracts. If more than one landowner requests the creation of a Farmland Security Zone and the parcels are contiguous, the Board will place those parcels in the same Farmland Security Zone. No land shall be included in a Farmland Security Zone unless expressly requested by the landowner. For land not currently subject to a Williamson Act Contract, the Board may allow the landowner to enter a Class A or Class B Contract, and then authorize the immediate rescission of that contract and enter a Farmland Security Zone Contract.

The Board shall not approve any use of land within a designated Farmland Security Zone based on the compatible use provisions contained in Government Code Section 51238.1.

Applications for either a Farmland Security Zone Contract or the creation of a Farmland Security Zone shall be made in accordance with the procedures outlined in this resolution for Williamson Act Contracts generally as well as all requirements stated in the Article 7 of the Williamson Act (Government Code, Section 51296, et seq.) Farmland Security Zone Contracts shall be for a minimum of twenty (20) years, and shall self-renew each year unless a notice of non-renewal is given pursuant to Government Code Section 51245. Upon termination of a Farmland Security Zone Contract, the Farmland Security Zone shall also be terminated simultaneously.

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