SU0010888 - Laserfiche WebLink

Home Browse Search

Ms. Stephanie Stowers May 26, 2016 Page 2 of 3 the Department and local agencies to interpret the Act to allow activities such as harvesting, processing, and shippingz, however the interpretation is not open-ended. The interpretation is dependent upon recognition that the facility is naturally integrated with the primary agricultural use of the contracted parcel(s). Therefore an agricultural manufacturing facility with no direct tie to an agricultural commodity being produced on-site would not constitute a compatible use. The proposed site approval application would allow the applicant to obtain building permits for additional structures on the property, which does not appear to be producing an agricultural commodity despite being enrolled in a Williamson Act contract. The Department suggests that the County carefully consider its approval of this application, as it may lead to a material breach of contract. MATERIAL BREACH The Williamson Act requires that every contract shall provide uses only related to agriculture and those compatible with agriculture3. Based on 2014 NAIP imagery it appears that there is no agricultural use or agricultural commodity being produced on the property that would support a compatibility argument for the business. Due to the lack of a primary-agricultural use on the contracted parcel, there is a risk that buildings constructed on the property may be in breach of contract__ Construction of buildings not related to an agricultural use on parcels of contracted land could potentially be subject to breach of contract penalties: Government Code § 51250 provides an enhanced penalty for a material breach of contract. A breach of contract is defined as material if a commercial, industrial or residential building is all of the following: 1) not related to an agricultural or compatible use; 2) greater than 2,500 square feet; and 3) permitted or constructed after January 1, 2004. While it is the County's responsibility to enforce the sanctions contained in Government Code § 51250, the Department is also empowered to take actions against breaches of contract. REMOVAL OF THE CONTRACT The Department strongly recommends that the County place the property into nonrenewal. If the landowners of the property wish to pursue the expansion they should file for cancellation of the contract. Cancellation would terminate the contract and bring it into compliance prior to expiration via nonrenewal. Cancellation of a contract is an option under limited circumstances and conditions as set forth in Government Code § 51280 et seq. Cancellation, if approved, would eliminate any conflicts with the Williamson Act. The Department has prepared a Cancellation Advice Paper for guidance regarding the cancellation process and is available to answer any questions.4 2 Government Code § 51238.1 3 Government Code§ 51243 (a) 4 Land Conservation Act Cancellation Advice Paper- http://www.conservation.ca.gov/dlrp/Ica/basic contract provision s/Documents/Cancellation%20Advice%20P aper%20Final Amended 7.21.2014.1)df