(A) The City Council may deny a proposed tentative map if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Cal. Gov’t Code §§ 51200 et seq.) and the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use.
(B) For purposes of this section, land is presumed to be in parcels too small to sustain their agricultural use if the land is: less than ten acres in size in the case of prime agricultural land; or less than 40 acres in size in the case of land which is not prime agricultural land.
(C) For purpose of this section, agricultural land is presumed to be in parcels large enough to sustain their agricultural use if the land is: at least ten acres in size in the case of prime agricultural land; or at least forty acres in size in the case of land which is not prime agricultural land.
(D) A subdivision with parcels smaller than those specified in this section may be approved if either of the following findings are made:
(1) The parcels can nevertheless sustain an agricultural use permitted under the contract, or are subject to a written agreement for joint management pursuant to Cal. Gov’t Code § 51230.1, provided that the parcels which are jointly managed total at least ten acres in size in the case of prime agricultural land or 40 acres in size in the case of land which is not prime agricultural land.
(2) One of the parcels contains a residence and is subject to Cal. Rev. and Tax. Code § 428; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least ten years; and the remaining parcels shown on the map are at least ten acres in size if the land is prime agricultural land, or at least 40 acres in size if the land is not prime agricultural land. In such case, no other homesite parcels may be created on any remaining parcels under contract for at least ten years following the creation of a homesite parcel pursuant to this section.
(E) This section does not apply to land subject to a contract when any of the following occurred:
(1) A local agency formation commission approved annexation of the land to the city and the city will not succeed to the contract as provided in Cal. Gov’t Code §§ 51243 and 51243.5;
(2) Written notice of nonrenewal of the contract was served before March 7, 1985, as provided in Cal. Gov’t Code § 51245;
(3) Written notice of nonrenewal of the contract was served on or after March 7, 1985, as provided in Cal. Gov’t Code § 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract;
(4) The City Council granted tentative approval for cancellation of the contract as provided in Cal. Gov’t Code § 51282.
(Ord. 1102, passed 6-7-04)