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CA Codes (gov:51230-51239) Page 4 of 5 would not be in compliant&-....with this section. These conditonai uses shall conform to the principles of compatibility set forth in subdivision (a) or, for nonprime lands only, satisfy the requirements of subdivision (c) . (c) In applying the criteria pursuant to subdivision (a) , the board or council may approve a use on nonprime land which, because of onsite or offsite impacts, would not be in compliance with paragraphs (1) and (2) of subdivision (a) , provided the use is approved pursuant to a conditional use permit that shall set forth findings, basedonsubstantial evidence in the record, demonstrating the following: ii) Conditions have been required for, or incorporated into, the use that mitigate or avoid those onsite and offsite impacts so as to make the use consistent with the principles set forth in paragraphs (1) and (2) of subdivision (a) to the greatest extent possible while maintaining the purpose of the use. (2) The productive capability o' the subject land has been considered as well as the extent to which the use may displace or - impair agricultural operations. (3) The use is consistent with the purposes of this chapter to preserve agricultural and open-space land or supports the - continuation of agricultural uses, as defined in Section 51205, or the use or conservation of natural resources, on the subject parcel or on other parcels in the agricultural preserve. The use of mineral resources shall comply with Section 51238.2 . (4) The use does not include a residential subdivision. For the purposes of this section, a board or council may define nonprime land as land not defined as "prime agricultural land" pursuant to subdivision (c) of Section 51201 or as land not classified as "agricultural land" pursuant to subdivision (a) of Section 21060 .1 of the Public Resources Code. Nothing in this section shall be construed to overrule, rescind, or modify the requirements contained in Sections 51230 and 51238 related to noncontracted lands within agricultural preserves. 51238 . 2 . Mineral extraction that is unable to meet the principles 0 Section 51238.1 may nevertheless be approved as compatible use if the board or council is able to document that (a) the underlying contractual commitment to preserve prime land as defined in subdivision (c) of Section 51201, or (b) the underlying contractual commitment to preserve nonprime land for open-space use as defined in subdivision (c) of Section 51201, will not be significantly impaired. Conditions imposed on mineral extraction as a compatible use of contracted land shall include compliance with the reclamation standards adopted by the Mining and Geology Board pursuant to Section 2773 of the Public Resources Code, including the applicable performance standards for prime agricultural land and other agricultural land, and no exception to these standards may be permitted. =or purposes of this section, "contracted land" means all land and=_r a single contract for which an applicant seeks a compatible use permit. 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 tire the Williamson Act contract was signed with respect to the subject contract lands, whichever is later. ib) 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) Neither shall the requirements of Sections 51238 .1 and 51238.2 apply to uses that are expressly specified within the contract http:/.'tiuw.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=51001-52000&file=51230-51239 9/29/98