Resolution Number 77-7-20-6292
RESOLUTION NO. 77-7-20-6
ADMINISTRATION OF AGRICULTURAL PRESERVES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
RULES FOR THE PROCESSING AND ADMINISTRATION OF
AGRICULTURAL PRESERVE CONTRACTS
WHEREAS, on April 6, 1977, this City Council adopted
an amendment to the Land Use Element of the General Plan by
Resolution No. 77-4-6-1 establishing and designating 230 more
or less acres of land as an agricultural preserve; and,
WHEREAS, to implement the administration of one
phase of the agricultural preservation policy of the City of
San Juan Capistrano, this City Council desires to establish
rules and procedures for the creation of agricultural
preservation contracts pursuant to the Land Conservation Act
of 1965.
NOW, THEREFORE, be it resolved that:
1. The lands to be included within the agricultural
preservation area is described and shown on
Exhibit A attached hereto and made a part hereof;
2. The form contract to be utilized by land owners
desiring to enter into an agricultural preservation
contract with the City is attached hereto as
Exhibit B and made a part hereof;
3. Those uses which are considered to be compatible
uses within such agricultural preserve are set
forth in Exhibit C attached hereto;
4. The form of application for request to enter
into agricultural preservation contracts is
attached hereto as Exhibit D;
5. Owners of land located within the agricultural
preserve area described in Exhibit A who desire
to enter into a contract with the City of
San Juan Capistrano for the preservation of their
agricultural use pursuant to the Land Conservation
Act of 1965, shall file an appliction therefore
(Exhibit D) with the Director of Planning;
6. Upon receipt of the aforesaid application, the
City Manager shall first ascertain whether
or not the land of the applicant lies within the
aforesaid agricultural preserve, and whether the
use contemplated by the applicant is a compatible
use as set forth in Exhibit C;
7. Upon his verification of the foregoing facts,
the City Manager shall cause an agricultural
preservation contract (Exhibit A) to be executed
by the applicant, and shall present such contract,
together with recommendations, to the City Council
for action;
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8. Upon the approval of the contract and execution
thereof by the Mayor of San Juan Capistrano, the
City Clerk shall cause a copy thereof to be
recorded with the County Recorder in accordance
with Section 51248 of the Government Code and shall
also file a copy thereof with the Director of Food
and Agriculture of the State of California in
accordance with Section 51249 of said Code;
9. Applications for cancellation shall be similarly
filed and processed.
PASSED, APPROVED AND ADOPTED, this 20th day of
July , 1977, by the following vote, to wit:
AYES: Councilmen McDowell, Friess, Nash,
and Mayor Heckscher
NOES: Councilman Sweeney
ABSENT: None
VON 0. HECKSCHER, MAYOR
ATTEST:
CITY CL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Resolution No. 77-7-20-6 , adopted by
the City Council of the City of San Juan Capi— strano, California,
at a regular meeting thereof held on the 20th day of July
1977.
(SEAL)
MARY 17 ANOVER, CITY CLERK
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EXHIBIT A
CONTRACT FOR
THE PRESERVATION
OF
AGRICULTURE
296
THIS CONTRACT, made and entered into this day of
by and between , hereinafter
referred to as "OWNER", and the CITY OF SAN JUAN CAPISTRANO, a
California General Law City, hereinafter referred to as "CITY":
WITNESSETH:
WHEREAS, OWNER is the owner of certain real property
described in Exhibit"A"which is presently devoted to agricultural
uses in the CITY OF SAN JUAN CAPISTRANO; and
WHEREAS, said property is located within the boundaries
of an agricultural preserve established by CITY pursuant to
California Government Code Section 51201(d) and by City Council
Resolution No. ; and
WHEREAS, both OWNER and CITY recognizing that the
preservation of such land in agricultural production provides
valuable open space and constitutes an important physical, social,
aesthetic and economic asset, desire to limit the use of said
property to agricultural and compatible uses; and
WHEREAS, the parties intend and hereby determine that
the highest and best use of such above described real property
during the stated term of this Contract or any renewal thereof
is for agricultural purposes; and
WHEREAS, both OWNER and CITY intend and hereby determine
that this Contract shall be an enforceable restriction within the
meaning and for the purposes of Article XIII of the State
Constitution and the provisions of California Revenue and Taxation
Code Section 422, as amended to date.
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297
NOW, THEREFORE, the parties hereto, in consideration of
the mutual covenants and conditions set forth herein and the sub-
stantial public benefits to be derived therefrom, do hereby
agree as follows:
1. Contract Made Pursuant to Land Conservation Act.
This Contract is made and entered into pursuant to the
California Land Conservation Act of 1965 (Chapter 7 of Part 1 0£
Division 1 of Title 5 of the California Government Code, commencing
with Section 51200 as amended to date) and is subject to all the
provisions thereof. Within twenty (20) days after execution, CITY
shall record a copy of this Contract with the Recorder of the
County of Orange and also file a copy with the Director of Food
and Agriculture of the State of California, as required by
California Government Code Sections 51248 and 51249; provided
that, the latter filing need not be made if a form of this
Contract has already been filed.
2. Restriction on Use of Property.
During the term of this Contract or any renewal
thereof, the real property herein shall not be used for any pur-
pose other than the production of agricultural commodities for
commercial purposes and compatible uses, as the same are defined
in Exhibit "B" attached hereto, and specifically including, but
not limited to, the erection, construction, alteration or
maintenance of gas, electric, water or communication utility
facilities. No structure shall be erected upon said land except
such structures as may be directly related to authorized uses
of the land.
3. Designation of Additional Compatible Uses.
The City Council of the CITY OF SAN JUAN CAPISTRANO
(hereinafter referred to as "Council") may, from time to time
during the term of this Contract or any extension thereof, by
resolution, after public hearing, add further compatible uses
to those uses listed in the resolution establishing the preserve
within which the land is located; provided, however, the Council
shall not eliminate, without the written consent of OWNER, a
compatible use during the term of this Contract or any renewals
thereof.
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4. Term of Contract.
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The term of this Contract shall commence on
and shall remain in effect for a period of ten (10) years there-
from. This Contract shall, moreover, be automatically renewed
for a period of one (1) year on the 1st day of January of each
succeeding year during the term thereof, unless notice of
nonrenewal is given as provided by Section 51245 of the California
Government Code. Each one-year extension shall, accordingly, be
added to the term of this Contract, to the end that at all times
during the continuation of this Contract as renewed, there shall
be a ten-year term of restriction unless notice of nonrenewal has
been given. Under no circumstances shall a notice of -renewal be
required of either party to effectuate the automatic renewal
option of this paragraph.
5. Removal of Land Equivalent to a Notice of Nonrenewal.
The effect of removal of any real property under this
Contract from an agricultural preserve shall be the equivalent of
a notice of nonrenewal by the CITY, and the CITY shall, at least
sixty (60) days prior to the next renewal date following the
removal, serve and record a notice of nonrenewal in accordance
with Sections 51245 and 51248 of the California Government Code.
6. Consideration.
OWNER shall not receive any payment from CITY in con-
sideration of the obligations imposed hereunder, it being
recognized and agreed that the Consideration for the execution
of this Contract is the substantial public benefit to be derived
therefrom and the advantage which will accrue to OWNER as a
result of the reduction in the assessed value of real property
described herein due to the imposition of the limitations on
its use.
7. Contract Runs With the Land.
This Contract shall run with the land described herein
and shall be binding upon the heirs, successors and assigns of the
parties hereto.
8. Division of Land.
In the event the real property under this Contract is
divided into two or more parcels, a Contract identical to the
Contract then covering the original parcel shall be executed by
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OWNER on each parcel created by the division. The CITY, or any
agency making an order of division, shall require, as a condition
of the approval, the execution of the Contract provided for in this
paragraph.
9. Automatic Termination by Eminent Domain.
This Contract shall be deemed null and void upon the
filing of an action in eminent domain or acquisition in lieu
thereof in accordance with Section 51295 of the Government Code.
10. Cancellation.
This Contract may be cancelled in accordance with and
subject to the provisions of California Government Code Sections
51281 to 51285 as amended to date. The assessed values referred
to in California Government Code Section 51283, upon.the request
of either of the parties to this Contract, will be subject to
equalization pursuant to Section 1604 of the California Revenue
and Taxation Code.
11. Notice of Cancellation.
In the event of termination of this Contract by cancel-
lation or nullification by annexation or condemnation, CITY shall
record the appropriate documents in the County Recorder's Office.
12. Distribution of Deferred Taxes.
Upon receipt of deferred taxes payable pursuant to
Paragraph 10 hereof, said taxes shall be distributed as provided
in Section 51283 of the California Government Code.
13. Substitution.
In the event that the State Legislature changes assess-
ment practices that affect land in an agricultural preserve which
is subject to this Contract, CITY or OWNER may request renegotiation
of this Contract to accordance with such amendment. This Contract
shall, moreover, be superseded if it is replaced by a new Contract
containing enforceable restrictions authorized by the California
Land Conservation Act of 1965 or by Article XIII of the California
Constitution.
14. Termination.
If Sections 421-429 of the Revenue and Taxation Code are
repealed or become inoperative, and other law is not enacted to
30A
implement Article XIII of the California Constitution with
respect to the tax assessment of lands devoted to the uses
specified in such Article, this Contract is terminated, and
no deferred tax or other penalties shall be assessed against
OWNER.
15. Annexation.
This Contract shall be transferred to and binding
upon any succeeding county or city acquiring jurisdiction over
the above described real property, or any portion thereof,
except as hereinafter provided. On annexation by any city of
any of the above described real property, such city shall
succeed to all rights, duties and powers of CITY under this
Contract, unless the land being annexed to such city was
within one (1) mile of such city at the time of the execution
of this Contract and such city stated its protest to the
execution of the Contract prior to its execution, pursuant to
Government Code Section 51243.5. If such city does not ex-
ercise its option to succeed, this Contract shall be null and
void as to the land actually being annexed on the date of
annexation.
16. Owner's Representations and Obligations.
OWNER represents that he is the owner of the real
property and described in Exhibit "A" which is the subject of
this Contract, and that there are no outstanding encumbrances,
mortgages, deeds of trust, or liens to which said property
'is subject. OWNER further agrees to provide, upon request of
CITY, such information and facts relating to his duties under
this Contract.
IN WITNESS WHEREOF, the parties hereto have executed
this Contract on the day and year first above written.
"OWNER"
"CITY"
By
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STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this day of 19 before me,
the undersigned, a Notary Public in and for said County and State,
residing therein, duly commissioned and sworn, personally
appeared , known to me to be the person whose
name is subscribed to the within instrument and acknowledged that
he executed the same.
WITNESS my hand and official seal.
Notary Public in and for said
County and State
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A. PURPOSE AND INTENT:
To implement the General Plan provision for the preservation and
use of land for large scale agriculture and agricultural residency.
B. PRINCIPAL USES AND STRUCTURES PERMITTED:
1. Farming, including all types of agriculture and horticulture;
EXCLUDJNG: farms operated publicly or privately for the
disposal of garbage, sewage, rubbish or offal.
2. One principal residential dwelling per lot.
C. ACCESSORY USES AND STRUCTURES PERMITTED:
1. Temporary stands primarily for the sale of agricultural products
produced on the premises, provided that:
a. The stand shall not be located closer than 20 feet from
any street right-of-way.
b. The stand shall be of wood frame type construction.
C. The accessory signs used to identify the use shall be
located on or adjacent to the stand, in accordance with
the provisions of Section 3.6.3 (Sign Regulations).
2. Detached guest cottages and employee quarters, all of a permanent
character placed in permanent locations.
3. Home Occupations in accordance with Section 3.6.11.
4. Accessory uses and structures necessary for the operation
of a permitted agricultural use.
5. Accessory uses and structures incidental to the use of a
single family dwelling.
EXHIBIT C
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PROPERTY OWNERS REQUEST TO ESTABLISH AN AGRICULTURAL PRESERVE UNDER
THE PROVISIONS OF THE LAND CONSERVATION ACT OF 1965
STATE OF CALIFORNIA
Date
CITY COUNCIL
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
ATTENTION: Planning Department, City Hall
Gentlemen:
I hereby request the City Council to notice and hold a public hearing for
the purpose of establishing an Agricultural Preserve including my properties
described hereunder pursuant to the Government Code Section 51201(d) of the
California Land Conservation Act of 1965 (as amended).
It is my intent to enter into Contract pursuant to the Act. I have read
from a sample copy of the Contract proposed to be offered to those property
owners within such a Preserve and understand its contents, restrictions, terms
and conditions.
OWNER'S NAME
ADDRESS
I am the (principal) (sole) owner of
acres of my property under Contract.
PHONE NO.
acres and I desire to place
Assessor's Parcel Number(s) of property to be placed under Contract:
A map clearly showing property boundaries is attached (Assessor's map(s) or other
prepared map).
EXHIBIT D
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OTHER PART OWNERS OF RECORD OR INTEREST
NOTE: All fee owners of any surface interest, including all trust deed beneficia
or mortgagees of record, must join in any Contracts.
DESCRIPTION OF LAND f, INCOME
Land Capability
Land Class -Crop or Use Classification (if known) Acre
PRIME AGRICULTURAL
LAND
(gross of $200/Ac. or more)
Annual Gross Agricultural Income (Average of any 3 of last 5 years)
Do you have plans for more intensive agricultural use of your property?
Proposed crop type(s) and acreage(s)
How many acres of your property is irrigated with locally available water resourc
What is the source of irrigation water?
The land is (flat) (gentle rolling).
The land is primarily used as (row crop) (orchard) (other
Soil type is basically (sand (loam) (other
EXHIBIT D
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305
CHECKLIST FOR APPLICATION. FOR AGRICULTURAL PRESERVE CONTRACT
City of San Juan Capistrano Planning Department
1. TWO (2) COPIES OF APPLICATION (Form Provided by Planning Department).
2. FOUR (4) COPIES OF LEGAL DESCRIPTION OF PROPERTY PROPOSED FOR PRESERVE
STATUS AND ONE (1) COPY OF MAP OF PROPERTY. ,
3. FOUR (4) COPIES OF STANDARD FORM CONTRACT (Provided by Planning
Department).
4. ONE (1) PRELIMINARY TITLE REPORT.
Completed contract materials may be substitued to the Planning Department at any
time after your agricultural perserve is approved by the City Council. -To qualify
for property tax benefits for the ensuing tax year, however, these materials should
be submitted to the Planning Department no later than the end of January to ensure
that contracts will be processed in time for the annual March 1 contract recording
deadline. Although the State has extended the recording deadline to the latter
part of May the past few years, there is no assurance that extensions will be
approved in the future.
Please check the following items carefully to avoid delays in processing:
1. Complete the application forms and sign at the bottom of the third page.
2. Complete the last two pages of the contracts, requiring the signatures and
notarization of signatures by a notary public of all owners, mortgagees,_
and trust deed beneficiaries.
3. The County Recorder requires that the signatures of all persons signing
the contracts must either be legible or else the names must be typed or
printed to the side of or below the.signatures.
4. Contracts should be signed and notarized in the manner the names are shown
on the vesting page(s) of the lot book report. In the case of name or
signature changes, a person may sign as follows: who acquired title
as ..... or ....., also known as .....
S. A spouse must sign the contracts for an interest held as community property. ^
6. For any person signing as a representative, the representative interest
should be indicated along with both the signature and notarization of the
signature. Examples are: as Administrator of the Estate of .....;
as Trustee(s) of the ..... Trust; ....., as Power of Attorney for
or President, ..... Corporation.
EXHIBIT D
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VERIFICATION:
I hereby certify that the petitioners listed herein are the owners of property
affected by the requested preserve and zoning and certify tinder penalty of perjury
that all statements in the application are true and correct. (I am one of the
petitioners listed above.
Signature
A
APPLICATION FOR CONTRACT
I hereby request that the property described be placed under Contract.
DATED: SIGNATURE:
CONTRACT FEE PAID: RECEIVED BY:
(Planning Department)
EXHIBIT D
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A
7. If the space provided for notarization of signatures is inadequate, have
any additional notary acknowledgement forms stapled to the last page of
each contract. Use appropriate printed notary acknowledgement forms:
individual, partnership, or corporate.
8. The lot book report must include the proper vesting, legal description, and
Assessor's maps of the property proposed for contract. If not all the property
is to be covered by contract or if different portions of the property are
to be covered by two or more contracts, please request the title company
to prepare the properly corresponding vesting and legal description(s).
Legal descriptions submitted to the Planning Department should be typed
and clearly legible for recording by the County Recorder.
If you have any additional questions concerning the preparation of contracts,
please contact the Planning Department.
Soon after your contract is approved and recorded, the County Assessor will mail
you an agricultural income statement. Please direct any questions you may have
concerning the income statement to the County Assessor's Office.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 76-12-15-10 and on the 2nd day of August
1977 she caused to be posted:
RESOLUTION NO. 77-7-20-6
being: ADMINISTRATION OF AGRICULTURAL PRESERVES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
RULES FOR THE PROCESSING AND ADMINISTRATION' OF
AGRICULTURAL PRESERVE CONTRACTS.
0
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The Post Office;
The Orange County Public Library.
MARY VER; ity C erc
San .:ua Capistrano, California
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