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Ms. Megan Aguirre October 10, 2013 Page 2 of 3 "(1) The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years. (2) There is no net decrease in the amount of acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this sections, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts. (3) At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts. (4) After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222. (5) The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts. (6) The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use. (7) The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan." The application does not meet the statutory requirements. Parcel 1 would contain 3.9 acres which is well below the minimum size large enough to sustain a viable agricultural use as defined in Government Code (GC) §51222. Additionally, County Code Section 9-1815.3 requires the County file a notice of non-renewal for any contracted parcel that is less than 10 acres in size. Creation of such a parcel would compromise the long-term agricultural productivity of the parcel and other agricultural lands. Therefore, the County is unable to meet the required findings to approve this Lot Line Adjustment application. Beyond the issues with the lot line adjustment application as outlined above, the portion of the project site that is subject to contract does not currently meet statute or County Code with regard to the minimum number of acres required to sustain agricultural uses. According to the information provided by San Joaquin County as part of their Fiscal Year 2012/2013 Williamson Act Participation/Open Space Subvention Act Survey (previously the Open Space Subvention application) the portion of the project site that is subject to a Williamson Act contract is classified as non-prime. This portion totals approximately 21 acres. Land that is not prime agricultural land is presumed to be large enough to sustain viable agricultural uses in 'parcels at least 40 acres in size (GC §51222). This requirement is reflected in San Joaquin County Code Section 9-1810.2. Therefore, the portion of the project site subject to a Williamson Act contract is currently not large enough to sustain a viable agricultural operation and is inconsistent with statute as well as the County's rules for administering the Williamson Act. Since the current parcel sizes are substandard, and the lot line adjustment cannot be approved, the Department recommends that the nonrenewal process be initiated either by the County, or the property owner, to remove the substandard size parcels from Williamson Act contract.