CC Resolution No. 2091RESOLU'1 ]. ;:: NO. 2091
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO ESTABLISIiING PROCEDURES FOR
INITIATING, FILING AND PROCESSING REQUESTS
TO ESTABLISH AGRICULTURAL PRESERVES
(WILLIAMSON ACT)
(GC 51231)
WHEREAS, California Land Conservation Act of 1965 (The .
Williamson Act) authorizes cities to establish agricultural
preserves, for the purpose of defining the boundaries of those
agricultural areas within which the city will be willing to
enter into land conservation contracts pursuant to said Act,
in order, amongst other things, to maintain the agricultural
economy of the state and to prevent the premature and unneces-
sary conversion of land from agricultural uses, and
WHEREAS, the City 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 authorized 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 Cupertino
hereby resolves as follows:
The establishment of an agricultural preserve may be
initiated either by motion of the City Council, or upon an
application 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 approved by the City Council, which
shall include the following data:
(a) Names and addresses of all owners;
(b) A statement of the location, ownership, size, and
area of all the property, and of all the present
agricultural uses of the property together with
any and all other uses conducted thereon;
(c) Assessor's parcel numbers;
(d) A request that the property be established as an
agricultural preserve for the purpose of enabling
the applicant to enter into a land conservation
contract with the City;
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(e) In the event the property or some part thereof
is in a zoning district other than A (agricul-
ture), a request to initiate a change of zoning
to A zoning district;
(f) Such other data or information as may be required
by the approved form;
In addition, each application shall be accompanied by the follow-
ing 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 owner;
(e) A filing fee in the sum of $40.00, together with
an additional filing fee of $100.00 if an applica-
tion is included requesting rezoning to the "A"
zoning district.
2. Upon receipt of the application, the City Clerk shall
check the same for the adequacy and completeness of all documenta-
tion 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 consistent with the General Plan;
(b) Ile 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 be continued from time to time, and in no
event shall the City Council adopt a resolution establishing an
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a(Iricultural prc.._rve until it has either i eived a report on
the application from the Planning Dcpartment, or until the
cxpi.rati.on of thirty (30) days from the date said matter was
submitted to said Planning Department in the event said depart-
ment 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
the Mayor of said City to enter into a land conservation agreement
with any owner or owners of land within said agricultural preserve,
and said authorization may, but need not, be included as a part of
the resolution establishing the preserve.
5. Anything to the contrary hereinabove notwithstanding,
the City Council may abandon any proceedings.for the establish-
ment 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 marked, respectively, Exhibits "A"
and "B", are forms for the application for creation of an agricul-
tural 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.
PASSED AND ADOPTED at an adjourned regular meeting of the
City Council of the City of Cupertino on the 30th. day of November ,
1970, by the following vote:
AYES: Councilmen - Fitzgerald, Frolich, Green, Stokes
NOES: Councilmen - None
ABSENT: Councilmen - Noel
ATTEST:
/s/ Wm. E. Ryder
City Cler
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APPROVED:
/s/ Gary G. Stokes
Mayor, City of Cupertino