HomeMy WebLinkAbout3096_CCv0001.pdf RESOLUTION NO, 3096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS,
STATE OF CALIFORNIA, ESTABLISHING U21FORM RULES AND
REGULATIONS FOR NON-RENEWAL OF AGRICULTURAL PRESERVE
CONTRACTS AND RESCINDING RESOLUTION NO. 3075
WHEREAS, the City of Redlands has established Agricultural
Preserves under the authority of the Land Conservation Act of
1965, as amended, and
WPIEREAS , the City of Redlands by Resolution No. 2812, April
21, 1970, as amended, established Uniform Rules and Compatible
Uses for Agricultural Preserves, based on 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, and
BE IT FURTHER RESOLVED that Resolution No. 3075 is hereby
rescinded.
ADOPTED, SIGNED AND APPROVED by the City Council of the City
of Redlands , California, this 5th day of February, 1974.
.�_,vkqor of the City 0_-, edlands
ATTEST:
C'
rk
APPROVED FOR FORM:
City Attorney
EXHIBIT "A"
CITE' OF REDLANDS
CALIFORNIA
UNIFORM RULES AND REGULATIONS FOR THE NON-
RENEWAL OF AGRICULTURAL PRESERVE CONTRACTS
The following rules and regulations are established
for the non -renewal of Agricultural Preserve Contracts :
1 . REFERENCES : Government Code, Sections 51245,
51246, 51247, 51248, and 5128.3 .
2 . TERM: The initial term of the contract is for
10 nears . It is automatically .renewed each year for one
more year of a news 10-year period. There are arrays 10 years
remaining unless the owner files a Notice of Non-renewal.
3. RON-RENEWAL: If the property owner decides he
does not want the contract renewed, he must file a Notice
of Non.-renewal with the City. This allows the contract to
work 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 NOT4-RENEWAL
OF CONTRACT: When a non--renewal is filed, the Assessor first
gust 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. 3096
1
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 land owner 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 t'he matter . Prior to
giving tentative approval to the cancellation of any
contract, the Council shall determine the amount of the
cancellation fee as prescribed in Section 51283 of the
Government Code. Normally a cancellation will be granted
only if the cancellation is in the public interest. The
governing body may waive part or all of the cancellation
fee, subject to approval by the Secretary of the Resources
Agency of the State of California.
S. 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
tl.-.e new assessed value (Paragraph b, Section 51283, Govern-
ment Code) .
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 . 3096