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Home My WebLink About79 - 66 PLANNING COMMISION MINUTES & AGENDAS MAY 1979 3 OF 3of non --renewal as provided in Section 51245. notice of non-reftelva:L shall bF: recorded as prov.i dod in Section 51248". Having, in eff(Ict, given _a Notice of noa-rencwal by rcjtjt(jV1�tjg the land under contract from apreserve, the land remni,cta subject to the enforceable restriction of the contrrtcty for the remaining; term of the contract by virtue of Govei:ntttErtt Code Section 51245 which provides: the county or city, or: the 1wid ovyner_ serves notice Of intent in any year noL to renew the con- tract, the Existing contract shall remain in effect for the balance of the peri.od remaining .since the original execution or the last renewerl of the con- as the: case may be." it should be Rept i.n mind that, pursuant to Government Cone Section 51244, oil the anniversat "r date of any contract: aYear is added automatically to the initi_a7, term of the contract unless a notice of. non --renewal , is given. Removal of land under contract from a prestMrve will therefore re81a:1t in the land being enfol:ceably restricted pursuant to the contract for a period of 10 years from the date the preserve Is abcalM Because of the removal o ' land u ndcr contract from a preserve is.in effect �t notice of Tion-ronatyal, such action n cr 1 . also have Property taX consequences to the Ocmcr of the land by vir, Lurgi of p\evetlue and 'Cil,tirlt 1 Un Code Section 425 Which. provides.,► 1 "Jyotwithst-andin8 5ny provision of Section 123 to trh, ca?Itxary, if either the county of city or the o.:ner o, land subject to contract• agreement, s � . , y '� �� ", ..cCna;� res�t�.cton, ar open -space casement has served 1.Yota.ce Of nonrenet,zal as provided in Sections 5i091 or 51245 or the. Govern;,ctlt Gods, the baazd, for purposes of surveys required by Section 1515, and the county assessors shall vtitl.ue such Land as provided in this section. �a) If the al-nxer of land serves Notice of nonr _ , .enc, aJ or L''he county.Or city serve, notice of nonro- newal and the Gtgner fails to protest as P). -O I dart in Section 5109.,'. az 51245 Of the Government Coe►e, subdivision (b) shall apply immediately, If the county or City serves notice of nonrenewal and ner does , i the at,� protest as p:tova�cled 1.n Sections 51091 or 51245 of the Government Code, 8ubd1vi8ion. (b) shall app ly weerl less than six years remain until the t:exmina�iocl 0R the period for which the land is enPorceably restrictwd; ibi v;qtex;e any � of the Conditions in subdi,vi siol., (r�) li apply; the board or ass"80r it, each year until' the termination of the c , ricacl for t�,hich the land i a u enfozcea:bly restrietod shall: il> netc `minc rite full cas01 value 05 the bind a5 3U, it toe c not~ sub loot to etrfOrceably rc,st„rxctvedi t;2) l�ct:c:rm�.ne t;he value of. Lite land. by 16, t capital ,zati.on of income as pj:ovided in Section 423 and w:i i hout rcq, ,rd to the existence of any of the conA i Lious in SLb- divisiph (a) ; (3) Subtract the value determinad in subdivision (b) (2) by capitalization of income from the full cash value determined in subdivision (b)(1);. (4) Using the rate announced by the board pur- suant to subdivision (b) (l.) of Section 423 .'. discount the amount obtained in subdivision (b) (3) of this sE'ati.on for the number of years remaining un`ti1 the termination of the period For which the 'land is enforceably restricted; ` (5) Determine the value of the land by adding the value determined by capitalization or - income as pr,OVided in subdivision (b) (2) and the value obtained in subdivision (b)(4), and . (6) Apply the ratio proscribed it Section 401 to the value: of the land determined in sub- division. (b) (5) to obt ails, its assLssed value The net. ei=i ect of Revenuo and Taxation Corte 426, is to cause all land under contract removed from a praservc, ox.cept land also includea rii a. tai ober preserve zoac, to be taxed more than land under, tit>t ,tact Whti.cti is not removed f 1: oi1,i a preserve,. Regardless of whether or not.- it is removed from an agricultural; preserve, land Linder contract C•rll;i ch is also included in a timber preser've zone will, under L.he pr:o%,i- suns of Government Code Section 51246, be taxed as fol.lo-,1s: itNotwithstanding any other provision of lacy; cwom,- Mencing with the lien date for the 1.977-78 fiscal. year all timberland within an exist-ing contract WI-Lich has been nonr;enewed as mandated by this section shall, be valued according to Section. 422.5 of the Revenue and. Taxation. Code, succeeding to and inclu- ding the lien date for the 1981.-82 :discal. year. Commencing raith the lien date for the 1982-83 fi scl year and sicceeding until the end of the contract, such timberland .shczl;l be valued ac:cordi.ng to Section 426 of the Revenue and Taxation Code, Commencing r With th the lien date next succeeding �, the termination date of the contract, and on each lien &Rbl- thereafter, sucl� timberland shall be valued �,.ccorrling to Section 4.34.5 of the Revenue and iia, a- H-011 Code. gg ted that Boca se it is unfair to ta:.: late It has begirt su cs under cvn�tvrnct rcr� .,d rived from a. prersej:ve -It a , higher than land under: contract sL-ill raitl�in a pr ew;c�r��c rah a.le Still keeping the. land. un(iear co, yyyy y �ry y tr y �• ' ] J'01�lo Y 4 d l lr L�F1� a p4+ y '•• serve en t oi'cc'a1 1.y S tr x.CtE.(I for t~�IC? 7."C'tltil l.Tl� t1�» tC 1'ITl OP elf? f` Lae owner of sarsl land shoal, be oPCered the. Option of . g the'.r con L)'act Lin t,ho provision,-, w 18, i ... ... ,,. ,. ,....... ...,.. is Of Gove:rnA Code Seco 1 Section 51282 and c+n Cancellation, the cancellation fee be waived under Gvveril,rr,ent Code Section 51283(c). it is our opinion that, upon rrcrtov .ng land ut1dor contract from a preserve, a valid basi;t for cancelling the contracts could be established under: Goucrnment Code Section 5282. But, it is our further opinion Lhat waiver of the cancellation fee would not be po8n ble because the follow. ng finding, required by Governments Cocke SeQ t - .(,On 51283 (c) (1) { and necessary to the waiver of, a cance'll ttLion fce could be made; The cancellation is caused by an i.nvol.unt ary transfer or change in the use which may be made of the lanai and the land is not immediately suitable, nor will be immediately used, for purposes which produces a grater economic return to,, I the ,owrtter, � h,~nce; the effect of removing Land under contract from a Preserve Would be to keep the land enfoi::cea sly restricted for a 10 -year: period following CP 7 ernoval and r k suit: in a higher tdx r:at e to the owner of the land than if the land were not remgved from a preserve which cannot be offectivtI3, ameliorated by an attempt: to waive the cancellation fee. Irtd, PRO CLbUVI', TO B8 rpraLOI.MD TO REVISE AGRICULTURAL i1i,t.8riRVrS THE tiIfLLTA ISOi� ACT, Ut�Di✓E The fal:laGAt �; procedural steps should be follot�ed in connection with the revision of Buttf'. Count~ „w y a8ticul.tura preserve A. Obtain Board approval to rcconsi,derat±.'i,on of agricultural .. preso ve.s. ('This is not a legal r equ'rement bLIL is Probably approprcorisaclex i,n the g Political rami i i I 1 11 cations 'Of abolishina,0 some preservon anct 'the invOStmo-nt of manpower necessary to such a Pr Submit the Proposed revised preserves to the ButtQ County Planning DepartmolIC for a do-L-crmin Preserves are co Ion WhoWler the Proposed Pt ns'stent W'th the Butte Coun Y General Plan (Government code section 51234). C. Submit the PrOPOsal to the Bu I Cte County T? n4,4 3-ronmental =w Director for Vreparati After the draft JIR i. ion of a draft draft s cOmPleted, file a COPY Of the x-7ith the Planning depilrtment, file a not're Of COLV'etion 01 the M With the State p ,esources Agency and County clerlc* and Publish notice tiOn Of the Etp, in a CCO' Of COMPle- danc e c"th Government Code Section 6061, Schedule -the matter for a h0arilILI, befo.L°o thy: Board of Supervisors and prior to required notices: the hearing give the foljot.ring Ices: r�ritten notice Of proposal3. PX -AV to rclvt8e the eservos to L Co and tO each incOrPorated within the Count: Y Oj, Butte at least 2 Weeks prior to the (Government Cod . e' 80CLIOn 51233)4 Give notice of henri.lig J)V I Certified maxi to each O'C, lard SLtts cL to 'I to ntract l"O'd agrictIltural mail t owner of land which has a• common boundtry with the k land under_ a contract, proposed to be removed from a preserve. (Government Code Section 51232). (iii) Publish notice of the hearina on the E1;1t and on the 10 proposal. in accordance with Government Code Section 6061 (Government Code Sect:i.on.53.230) HAS BEEN REMOVED AND FILMED ON 35MM } NO'TI\CE l' OVERSIZE DRAWING HAS BEEN REMOVED AND FILMED ON 31,51VIM v NOTICE OVERSIZE SIZE DRAWING It HAS BEEN REMOVED NOTICE OVERSIZE DRAWING AS BEEN REMOVED 'D FILMED ON 315MM NOTICE OVERSIZE DRAWING HAS BEEN REMOVED AND FILMED ON 3.151MMC