CC Resolution 2002-123 RESOLUTION NO. 2002-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ESTABLISHING RULES AND
REGULATIONS OF THE CITY GOVERNING THE
DESIGNATION OF AGRICULTURAL PRESERVES AND THE
ADMINISTRATION OF THE LAND CONSERVATION ACT
OF 1965 (COMMONLY KNOWN AS THE WILLIAMSON
ACT)
WHEREAS, Chapter 7, Division 1 of Title 5 of the Government Code,
commencing with Section 51200 (the "California Land Conservation Act of 1965,"
commonly referred to as the "Williamson Act"), allows for the establishment of
agricultural preserves by Resolution of the City Council; and
WHEREAS, the City of La Quinta wishes to encourage the establishment
of agricultural preserves for the purpose of defining boundaries within which the City
is willing to enter into contracts pursuant to the California Land Conservation Act of
1965; and
WHEREAS, the enactment of this Resolution is exempt from the California
Environmental Quality Act ("CEQA") pursuant to Section 15308 of the CEQA
Guidelines, which exempts actions taken by regulatory agencies to ensure the
maintenance, restoration, enhancement, and protection of the environment where the
regulatory process involves the promulgation of procedures for the protection of the
environment; and
WHEREAS, section 51231 of the California Land Conservation Act of
1965 requires that the City Council adopt by Resolution uniform rules and regulations
("Rules and Regulations") governing the establishment and administration of
agricultural preserves;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER:
SECTION 1. Establishment of Rules and Regulations. Pursuant to Government Code
Section 51231 of the State of California, this City Council adopts the following Rules
and Regulations relating to the establishment and administration of agricultural
preserves in addition to those procedures already set forth in the California Land
Conservation Act of 1965, which are incorporated herein by this reference; and
SECTION 2. Applications. An application for the establishment or enlargement of an
agricultural preserve shall be filed with the Community Development Department of the
City of La Quinta on a form prescribed by the Community Development Director. The
application shall state the zoning and General Plan status of the property, any pending
amendments to such status, the uses to which the property is being put at the present
time, a statement setting forth whether the basis of the application is the
Resolution No. 2002-123
Agricultural Preserves - Williamson Act
Adopted: August 6, 2002
Page 2
establishment or enlargement of an agricultural preserve, and any other pertinent
information the Community Development Department may deem important relating to
the proposed agricultural use. The application shall be accompanied by a map of the
area to be included in the agricultural preserve.
SECTION 3. Approval Process. Review and approval of an agricultural preserve shall
follow the general procedures for a zoning amendment as set forth in Chapter 9.220
of the La Quinta Municipal Code, with the exception that the fee for such application
shall equal an amount to be established, from time to time, by the City Council
pursuant to Section 51231 of the California Land Conservation Act of 1965.
SECTION 4. Findings. An agricultural preserve may be established by contract only
if the City Council makes each of the following findings: (1) The proposed agricultural
preserve is established for the purpose of defining boundaries of an area of land for
which a contract may be offered pursuant to the California Land Conservation Act of
1965; (2) the land proposed to be included in the agricultural preserve and subsequent
contract is used for the purposes of producing agricultural commodities for commercial
purposes, or other uses compatible with agriculture, as set forth in Chapter 7 of the
California Government Code; (3) the proposed preserve meets the criteria for
categorical exemption from the California Environmental Quality Act per section 15317
of the CEQA Guidelines providing exemption for "the establishment of agricultural
preserves, the making and renewing of... contracts under the Williamson Act ... ";
(4) the establishment of the proposed preserve is consistent with the La Quinta
General Plan and any applicable Specific Plan; (5) the size of the proposed preserve
meets the minimum acre requirements set by Section 51230 of the California
Government Code; (6) the zoning designations of the territory to be included in the
proposed preserve is compatible with the proposed agricultural preserve.
SECTION 5. Conditions. Approval of the agricultural preserves may be subject to
conditions determined by the City Council as necessary to make the required findings
and meet the provisions of the California Land Conservation Act of 1965. Where
applicable, the following conditions shall be applied: (1) If the area proposed for
agricultural preserve status consists of more than one parcel, and if any such parcel
involved is less than 10 acres, a Notice of Merger, merging any existing parcels less
than 10 acres into one parcel shall be recorded with the Riverside County Recorder
prior to entering into a California Land Conservation Act of 1965 contract for the
proposed preserve; (2) a legal description of the area designated agricultural preserve
shall be submitted with the application; and (3) the applicant shall pay the entire fee
for such application as set forth in Section 3 of this Resolution.
SECTION 6. Compatible Uses. For purposes of these Rules and Regulations, the
term "compatible uses" shall include: (1) Agricultural, recreational, and open space
uses as said terms are defined by Section 51201 of the California Land Conservation
Act of 1965; (2) other uses delineated in the California Land Conservation Act of
1965; and (3) any other such uses determined by City Council to be consistent with
the California Land Conservation Act of 1965.
Resolution No. 2002-123
Agricultural Preserves - William$on Act
Adopted: August 6, 2002
Page 3
SECTION 7. Cancellation and Nonrenewal. Procedures for cancellation and
nonrenewal of California Land Conservation Act of 1965 contracts shall be those set
forth in the California Land Conservation Act of 1965.
SECTION 8. Filing of City Map and this Resolution with Department of Conservation.
Pursuant to the California Land Conservation Act of 1965 Section 51237.5, the City
of La Quinta shall forward the following to the California Department of Conservation,
Division of Land Resource Protection: (1) On or before the first day of each
September of each year, a map of the City designating all agricultural preserves in
existence at the end of the preceding fiscal year; and (2) a copy of this Resolution.
SECTION 9. Filing of Future Maps and Resolutions with County Recorder. Pursuant
to Section 51237 of the California Land Conservation Act of 1965, whenever an
agricultural preserve is established, and so long as such preserve shall remain in effect,
a map of such preserve along with the City Resolution under which the preserve was
established shall be filed and kept with the County Recorder.
SECTION 10. These Rules and Regulations shall apply to all applications filed on or
after August 7, 2002. All applications filed prior to August 7, 2002, and not finally
acted upon by that date shall not be finally determined until the requirements set forth
in these Rules and Regulations have been followed.
SECTION 11. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 6th day of August, 2002, by the vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
ABSTAIN: None ~~,~j ~,j ~
~~, Mayor
ira, California
Resolution No. 2002-123
Agricultural Preserves - Williamson Act
Adopted: August 6, 2002
Page 4
ATTEST:
J UNIE-~5~. G REEK, CMC,
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
City of La Quinta, California