2005 California Government Code Sections 51296-51297.4 Article 7. Farmland Security Zones

51296.  The Legislature finds and declares that it is desirable to
expand options available to landowners for the preservation of
agricultural land.  It is therefore the intent of the Legislature in
enacting this article to encourage the creation of longer term
voluntary enforceable restrictions within agricultural preserves.
51296.1.  A landowner or group of landowners may petition the board
to rescind a contract or contracts entered into pursuant to this
chapter in order to simultaneously place the land subject to that
contract or those contracts under a new contract designating the
property as a farmland security zone.  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 pursuant to this section.
   (a) Before approving the rescission of a contract or contracts
entered into pursuant to this chapter in order to simultaneously
place the land under a new farmland security zone contract, the board
shall create a farmland security zone, pursuant to the requirements
of Section 51230, within an existing agricultural preserve.
   (b) No land shall be included in a farmland security zone unless
expressly requested by the landowner.  Any land located within a city'
s sphere of influence shall not be included within a farmland
security zone, unless the creation of the farmland security zone
within the sphere of influence has been expressly approved by
resolution by the city with jurisdiction within the sphere of
influence.
   (c) If more than one landowner requests the creation of a farmland
security zone and the parcels are contiguous, the county shall place
those parcels in the same farmland security zone.
   (d) A contract entered into pursuant to this section shall be for
an initial term of no less than 20 years.  Each contract shall
provide that on the anniversary date of the contract or on another
annual date as specified by the contract, a year shall be added
automatically to the initial term unless a notice of nonrenewal is
given pursuant to Section 51245.
   (e) Upon termination of a farmland security zone contract, the
farmland security zone designation for that parcel shall
simultaneously be terminated.
51296.2.  Both of the following shall apply to land within a
designated farmland security zone:
   (a) The land shall be eligible for property tax valuation pursuant
to Section 423.4 of the Revenue and Taxation Code.
   (b) Notwithstanding any other provision of law, any special tax
approved by the voters for urban-related services on or after January
1, 1999, on the land or any living improvement shall be levied at a
reduced rate unless the tax directly benefits the land or the living
improvements.
51296.3.  Notwithstanding any provision of the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
(Division 3 (commencing with Section 56000)), a local agency
formation commission shall not approve a change of organization or
reorganization that would result in the annexation of land within a
designated farmland security zone to a city.  However, this
subdivision shall not apply under any of the following circumstances:
   (a) If the farmland security zone is located within a designated,
delineated area that has been approved by the voters as a limit for
existing and future urban facilities, utilities, and services.
   (b) If annexation of a parcel or a portion of a parcel is
necessary for the location of a public improvement, as defined in
Section 51290.5, except as provided in Section 51296.5 or 51296.6.
   (c) If the landowner consents to the annexation.
51296.4.  Notwithstanding any provision of the
Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
(Division 3 (commencing with Section 56000)), a local agency
formation commission shall not approve a change of organization or
reorganization that would result in the annexation of land within a
designated farmland security zone to a special district that provides
or would provide sewers, nonagricultural water, or streets and
roads, unless the facilities or services provided by the special
district benefit land uses that are allowed under the contract and
the landowner consents to the change of organization or
reorganization.
51296.5.  Notwithstanding Article 5 (commencing with Section 53090)
of Chapter 1 of Division 2 of Title 5, a school district shall not
render inapplicable a county zoning ordinance to the use of land by
the school district if the land is within a designated farmland
security zone.
51296.6.  Notwithstanding any other provision of law, a school
district shall not acquire any land that is within a designated
farmland security zone.
51296.7.  The board shall not approve any use of land within a
designated farmland security zone based on the compatible use
provisions contained in subdivision (c) of Section 51238.1.
51296.8.  Sections 51296 to 51297.4, inclusive, shall only apply to
land that is designated on the Important Farmland Series maps,
prepared pursuant to Section 65570 as predominantly one or more of
the following:
   (a) Prime farmland.
   (b) Farmland of statewide significance.
   (c) Unique farmland.
   (d) Farmland of local importance.
   If the proposed farmland security zone is in an area that is not
designated on the Important Farmland Series maps, the land shall
qualify if it is predominantly prime agricultural land, as defined in
subdivision (c) of Section 51201.
51296.9.  Nonrenewal of a farmland security zone contract shall be
pursuant to Article 3 (commencing with Section 51240), except as
otherwise provided in this article.
51297.  A petition for cancellation of a farmland security zone
contract created under this article may be filed only by the
landowner with the city or county within which the contracted land is
located.  The city or county may grant a petition only in accordance
with the procedures provided for in Article 5 (commencing with
Section 51280) and only if all the following requirements are met:
   (a) The city or county shall make both of the findings specified
in paragraphs (1) and (2) of subdivision (a) of Section 51282, based
on substantial evidence in the record.  Subdivisions (b) to (e),
inclusive, of Section 51282 shall apply to the findings made by the
city or county.
   (b) In its resolution tentatively approving cancellation of the
contract, the city or county shall find all of the following:
   (1) That no beneficial public purpose would be served by the
continuation of the contract.
   (2) That the uneconomic nature of the agricultural use is
primarily attributable to circumstances beyond the control of the
landowner and the local government.
   (3) That the landowner has paid a cancellation fee equal to 25
percent of the cancellation valuation calculated in accordance with
subdivision (b) of Section 51283.
   (c) The Director of Conservation approves the cancellation.  The
director may approve the cancellation after reviewing the record of
the tentative cancellation provided by the city or county, only if he
or she finds both of the following:
   (1) That there is substantial evidence in the record supporting
the decision.
   (2) That no beneficial public purpose would be served by the
continuation of the contract.
   (d) A finding that no authorized use may be made of a remnant
contract parcel of five acres or less left by public acquisition
pursuant to Section 51295, may be substituted for the finding in
subdivision (a).
51297.1.  All of the provisions of Article 6 (commencing with
Section 51290) shall apply to farmland security zones created
pursuant to this article except as specifically provided in this
article.
51297.2.  No state agency, as defined in Section 65934, or local
agency, as defined in Section 65930, shall require any land to be
placed under a farmland security zone contract as a condition of the
issuance of any entitlement to use or the approval of a legislative
or adjudicative act involving, but not limited to, the planning, use,
or development of real property, or a change of organization or
reorganization, as defined in Section 56021 or 56073.  No contract
shall be executed as a condition of an entitlement to use issued by
an agency of the United States government.
51297.3.  Sections 51296.3 and 51296.4 shall not apply during the
three-year period preceding the termination of a farmland security
zone contract.
51297.4.  Nothing in Sections 51296 to 51297.4, inclusive, shall be
construed to limit the authority of a board to rescind a portion or
portions of a Williamson Act contract or contracts for the purpose of
immediately enrolling the land in a farmland security zone contract
so long as the remaining land is retained in a Williamson Act
contract and the board determines that its action would improve the
conservation of agricultural land within the county where the
rescission occurs.  The creation of multiple contracts under this
section does not constitute a subdivision of the land.