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Approval (specifically condition 1.e.) are inconsistent with the verbal agreement. .(See attached for a record of correspondences.)" Response to Appeal Statement No. 1 Upon submittal of a Minor Subdivision application, the Community Development Department requested a response from the County Counsel's office regarding the proposed subdivision's consistency with the Williamson Act. The County Counsel's office stated in a memo dated May 15, 2003 (see Attachment A)that property under Williamson Act cannot be divided for residential purpose and that, in order to subdivide the property, the property would have to be subject to a joint management agreement. In addition, no building permits would be issued as long as the property is subject to the Williamson Act or if a notice of non-renewal has been recorded and there are not more than three years remaining on the contract. A Notice of Non- Renewal application was recorded for the subject property on April 16, 2001. Appeal Statement No.2 In his appeal, the appellant states: "The basis for the County's condition is that 'The purpose of the Williamson Act it to preserve Agricultural Land.' By zoning, this property could have two homes built on it today without recording a map. I am willing to concede to one house until such time that the property is out of the Williamson Act. I also requested that if I build one house first(which I am allowed to do) and then divide the property, would it be allowed. I was told it would not. This is inconsistent with the opinion of the County regarding preserving agricultural land." Response to Appeal Statement No. 2 �.+ The County Counsel's office states, "the Subdivision Map Act in Government Code Section 66474.4 requires the denial of a map on Williamson Act land if the land is too small to sustain agricultural use or the subdivision will result in residential development that is not incidental to the commercial agricultural use of the land. The land is conclusively presumed to be too small for the agricultural use of the land if it is less than 10 acres for prime farmland or less than 40 acres for land that is not prime." The construction of a single-family residence on the 14.42-acre parcel could be considered as incidental to the commercial agricultural use of the land because it is over 10 acres in size. The construction of a residence followed by a subsequent Minor Subdivision application to create additional lots would not be supported or consistent with the Williamson Act. The County Counsel states, "if one of the parcels has a residence that has existed on the property five years and the landowner has owned the property for 10 years, the legislative body may recreate a parcel for the home with a remaining parcel of at least 10 acres for prime and 40 acres forland that is not prime. No other home site parcel may be created on the remainder for 10 years (Subdivision Map Act, Government Code Section 66474.4[d])." The Community Development Department already approved Minor Subdivision Application No. MS-00-01 to create a 5-acre homesite parcel from a 19.42- acre (considered 20 gross acres) parcel under Williamson Act. As a result, an additional homesite parcel could not be created from the designated remainder (14.42-acres) originally created by MS-00-01 because the property owner has owned the property for less than six (6) months and there is no residence currently residing on the property. San Joaquin County PA-03-16\Katzakian Community Development Page 4