Section 51238.3 Of Article 2.5. Agricultural Preserves From California Government Code >> Division 1. >> Title 5. >> Part 1. >> Chapter 7. >> Article 2.5.
51238.3
. (a) The requirements of Sections 51238.1 and 51238.2 shall
not apply to compatible uses for which an application was submitted
to the city or county prior to June 7, 1994, provided that the use
constituted a "compatible use" as that term was defined by this
chapter either at the time the application was submitted, or at the
time the Williamson Act contract was signed with respect to the
subject contract lands, whichever is later.
(b) Neither shall the requirements of Sections 51238.1 and 51238.2
apply to land uses of contracted lands in place prior to June 7,
1994, that constituted a "compatible use" as the term "compatible use"
was defined by this chapter either at the time the use was
initiated, or at the time the Williamson Act contract was signed with
respect to the subject contract lands, whichever is later.
(c) (1) Neither shall the requirements of Sections 51238.1 and
51238.2 apply to uses that are expressly specified within the
contract itself prior to June 7, 1994, and that constituted a
"compatible use" as the term "compatible use" was defined by this
chapter at the time that Williamson Act contract was signed with
respect to the subject contract lands, or at the time the contract
was amended to include the uses, whichever is later. For purposes of
this subdivision, the requirements of Sections 51238.1 and 51238.2,
effective January 1, 1995, shall apply to contracts for which
contract nonrenewal was initiated and was withdrawn after January 1,
1995.
(2) For purposes of this chapter, a compatible use is considered
to be expressly specified within the contract only if it is
specifically enumerated within the four corners of the Williamson Act
contract either without the benefit of referenced documents, or with
respect to Williamson Act contracts signed on or before June 7,
1997, with the benefit of referenced documents as those documents
existed at the time the Williamson Act contract was initially signed.
This subdivision shall be narrowly construed to be consistent with
the purposes of this chapter.