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J Kerry Sullivan r May 15, 2003 Williamson Act Minor Subdivision for Purpose Page 3 of Sale and Construction of Residence 5-acre parcel,which meets zone minimum. The Legislature requires land subject to a contract be large enough to sustain the agricultural use of the property. It is presumed that the parcel is large enough to sustain the agricultural use if the land is at least 10 acres for prime farmland and 40 acres for land that is not prime farmland. Government Code section 51222.The property in question is prime farmland. The 10-acre parcel meets the presumption. The 4.42 parcel does not meet the presumption. The Subdivision Map Act permits a division of Williamson Act property below the presumption that will be discussed below. 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 land or less than 40 acres for land that is not prime. The 4.42-acre parcel does not pass muster. However, there is an exception for parcels below the size presumption. Subdivision Map Act, Government Code section 66474.4(c). The legislative body has to find that the parcel can sustain an agricultural use or the parcels are jointly managed under a joint management agreement. The joint management agreement has to be between immediate family members and meet the requirements of the Williamson Act, Government Code section J 51230.1. The property subject to a joint management agreement must total at least 10-acres if prime land or at least 40-acres if the land is not prime farmland. 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 for land 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).2 It is my understanding that the purchaser desires to build a house on the 4.42-acre parcel and. transfer the 10-acre parcel to his mother with a joint management agreement. Because this subdivision to create a homesite occurs within 10 years of the creation of home site under the Williamson Act, a home may not be built on either parcel. The purchaser and his mother may farm the property under a joint management agreement. Applying Subdivision Map Act, Government Code section 66474.4 Community Development can approve the minor subdivision if it is found that the parcel can sustain an agricultural use under Williamson Act contract or that the son and mother, as immediate family members, entered into a joint management agreement meeting the requirements of the Williamson Act. In conclusion, on April 4, 2011 the subject property will no longer be subject to the Williamson The Legislature amended Government Code section 66474.4 in 2002, Chapter 613, Statutes of 2002.The 2002 amendmPrts apply to contrartc entered into ofter.tannnry 1, 2002. The 2002 amendments do not affect existing Williamson Act contracts.