BILL NUMBER: AB 781	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member John A. Pérez

                        FEBRUARY 17, 2011

   An act to amend Section 51230 of the Government Code, relating to
agricultural preserves.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 781, as introduced, John A. Pérez. Agricultural preserve.
   Existing law authorized beginning January 1, 1971, any county or
city having a general plan, and until December 31, 1970, any county
or city by resolution and after a public hearing, to establish an
agricultural preserve.
   This bill would authorize a county or city having a general plan,
after a public hearing, to establish an agricultural preserve.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 51230 of the Government Code is amended to
read:
   51230.   Beginning January 1, 1971, any   A
 county or city having a general plan  , and until
December 31, 1970, any county or city, by resolution, and after a
public hearing  may  , after a public hearing, 
establish an agricultural preserve. Notice of the hearing shall be
published pursuant to Section 6061, and shall include a legal
description, or the assessor's parcel number, of the land 
which   that  is proposed to be included within the
preserve. The preserves shall be established for the purpose of
defining the boundaries of those areas within which the city or
county will be willing to enter into contracts pursuant to this act.
An agricultural preserve shall consist of no less than 100 acres;
provided, that in order to meet this requirement two or more parcels
may be combined if they are contiguous or if they are in common
ownership; and further provided, that in order to meet this
requirement land zoned as timberland production pursuant to Chapter
6.7 (commencing with Section 51100) may be taken into account.
   A county or city may establish agricultural preserves of less than
100 acres if it finds that smaller preserves are necessary due to
the unique characteristics of the agricultural enterprises in the
area and that the establishment of preserves of less than 100 acres
is consistent with the general plan of the county or city.
   An agricultural preserve may contain land other than agricultural
land, but the use of any land within the preserve and not under
contract shall within two years of the effective date of any contract
on land within the preserve be restricted by zoning, including
appropriate minimum parcel sizes that are at a minimum consistent
with this chapter, in such a way as not to be incompatible with the
agricultural use of the land, the use of which is limited by contract
in accordance with this chapter.
   Failure on the part of the board or council to restrict the use of
land within a preserve but not subject to contract shall not be
sufficient reason to cancel or otherwise invalidate a contract.