HomeMy WebLinkAbout3075_CCv0001.pdf RESOLUTION NO. 3075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS,
STATE OF CALIFORNIA, ESTABLISHING UNIFORM RULES AND REGU-
LATIONS FOR NON-RENEWAL OF AGRICULTURAL PRESERVE CONTRACTS
WHEREAS, the City of Redlands has established. Agricultural
Preserves under the authority of the Land Conservation Act of
1965, as amended, and
WHEREAS, the City of Redlands by Resolution No. 2812, April
21, 1970, as amended, established Uniform Rules and Compatible
Uses for Agricultural Preserves, based can the Act, and
WHEREAS, it is desirable to establish Uniform. Rules and Regu-
lations for the Non-Renewal of Agricultural Preserve Contracts,
following the guidance of the Act,
NOW, THEREFORE, BE IT RESOLVED that Uniform Rules and Regu-
lations for Non-Renewal of Agricultural Preserve Contracts, as
contained in Exhibit "A" attached hereto are approved and adopted
for administration of said contracts.
ADOPTED, SIGNED AND APPROVED by the City Council of the City
of Redlands, California., this 6th day of November, 1973.
ATTEST: '61
A
y6r of the City^ of edlands
Cerg
eWr
APPROVED FOR FORM:
City Attorney
EXHIBIT "A"
CITY OF REDLADS
CALIFORNIA
UNIFORM RULES AND REGULATIONS FOR, THE NON-
RENE14AL OF AGRICULTURAL PRESERVE CONTRACTS
The following rules and regulations are established
for the non-renewal of Agricultural Preserve Contracts:
1. REFERENCES: Government Cade, Sections 51245,
51246, 51247, and 51248.
2 . TERM: The initial term of the contract is for
10 years. It is automatically renewed each year for one
more year of a new 10-year period. There are always 10 years
remaining unless the owner files a Notice of Non -renewal.
3. NON-RENEWAL: if the property owner decides he
dues not want the contract renewed, he must file a Notice
of Non--renewal with the City. This allows the contract to
word its way out over the remaining 9 year period.
4. SALE OF THE LAND UNDER CONTRACT: The land may
be sold at any time, but the contract is assumed by each
subsequent owner of the land.
5. PENALTIES FOR NON-RENEWAL: There are no penalties
when a non-renewal is filed.
6. REVALUATION OF LAND UPON FILING OF NON-RENEWAL
OF CONTRACT: When a non-renewal is filed, the Assessor first
must determine the current market value of the property. A
formula prescribed by law is then applied to the difference
between the Open Space Contract value and the current market
value.
Resolution No. 3075
Exhibit "A" page 2
7. CANCELLATION OF CONTRACT: The Contract may be
cancelled only by the mutual agreement of the land owner
and the governing body. The landowner may petition the
governing body for cancellation of any contract, as to all
or any part of the subject land. No contract may be can-
celled until after the governing body has given notice of,
and has held, a public hearing on the matter. Normally a
cancellation will be granted only if the cancellation is
in the public interest. The governing body, at its dis-
cretion, may waive the penalty.
8. PENALTY FOR CANCELLATION. When the contract is
cancelled, the Assessor must appraise the property to
determine the fair market value. The penalty is 50% of
the new assessed value.
Example: The contract is cancelled and the Assessor
determines the fair market value is $4, 000 per acre. As
property is assessed at 25% of fair market value, this would
make the assessed value $1,000 per acre. The penalty is
50% of this figure, or $500 per acre additional assessment.
Resolution No. 3075