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r Analysis Background The Subdivision Map Act, in Government Code Section 66474.4(a), states that land shall be conclusively presumed to be in parcels too small to sustain their agricultural use if the land is less than 10 acres in size for prime agricultural land, or less than 40 acres in size for land that is not prime agricultural land. There is an exception in the Subdivision Map Act that permits a legislative body to approve a subdivision with parcels smaller than specified above if the legislative body is able to make at least one of the following two findings in the affirmative: • Finding 1: The parcels can nevertheless sustain an agricultural use permitted under contract or easement, or are subject to a written agreement for joint management pursuant to Section 51230.1 and the parcels that are jointly managed total at least 10 acres in size in the case of prime agricultural land or 40 acres in size in the case of land that is not prime agricultural land. • Finding 2: One of the parcels contains a residence and is subject to Section 428 of the Revenue and Taxation Code; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least 10 years; and the remaining parcels shown on the map are at least 10 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. On February 23, 2000, the Community Development Department approved Minor Subdivision Application No. MS-00-01 to subdivide a 19.42-acre (considered 20 gross acres) parcel under Williamson Act into two parcels. Parcel one was 5-acres and the designated remainder was 14.42-acres. In order to permit the creation of the 5-acre parcel, the Community Development Department was able to make Finding 2 in the affirmative because the residence had existed on the property for at least five years, the landowner had owned the parcel for at least 10 years, and the remaining parcel shown on the map was at least 10 acres in size (the parcel is classified as prime agriculture by the Department of Conservation). On May 23, 2000, a Notice of Non-Renewal was filed to end the Williamson Act Contract on the 5-acre parcel. On March 30, 2001, a Notice of Non-Renewal was filed to end the Williamson Act Contract on the designated remainder. The applicant (now a different owner) proposed to subdivide the 14.42-acre designated remainder (considered 15 gross acres) into three parcels under Finding 1, which states that parcels may be subdivided to less than 10 acres in size if they can nevertheless sustain an agricultural use permitted under the contract or easement, or are subject to a written agreement for joint management pursuant to Section 51230.1 and the parcels that are jointly managed total at least 10 acres in size in the rase of prime agricultural land,_or 40 acres in size in cases of land that is not prime agricultural land. The applicant agreed that the parcels could be maintained under a joint management agreement. On September 24, 2003, the Community Development Department approved Minor Subdivision No. PA-03- 16. On October 3, 2003, the applicant appealed the Minor Subdivision application to the Planning Commission. Appeal Statement No. 1 In his appeal, the appellant states: "The condition that no residential development shall occur is inconsistent with what was verbally agreed on at numerous meetings with the County. The project was initially submitted then returned to the applicant. We worked on their concerns and resubmitted. The ultimate Conditions of San Joaquin County PA-03-16\Katzakian Community Development Page 3