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Jennifer Jolly <br /> July 14, 2003 <br /> Page 2 <br /> 3. 1 have been asked by the County for numerous time extensions for processing <br /> this application. I was of the understanding that the wording of the Joint <br /> Management Agreement was the issue and not whether or not the <br /> project would go forward. <br /> 4. Based on our telephone conversation today, I understand the project <br /> cannot approved as submitted. The property could be divided, but building permits <br /> could not be issued. <br /> I reviewed the opinion offered by Mike McGrew, County Counsel, regarding the <br /> Project. Mr. McGrew is correct in his statement that the "purpose of the Williamson <br /> Act is to preserve Agricultural Land." As you know, this property, it is current <br /> configuration, is entitled to two homesites. One is a primary residence and the <br /> other is a Second Unit Dwelling with no size restriction. Ironically, by allowing the <br /> Project, my client, is willing to concede to only one homesite until the property is <br /> out of the Williamson Act. In other words, he is preserving farm land and reducing <br /> the number of homesites. <br /> I have reviewed Government Code, Section 51230.1 regarding this project. The <br /> Code refers to many restrictions of development based on transfer of title. I do not <br /> know if the County is aware, but there is no transfer of title planned with this <br /> project. <br /> Since it has been stated that the project could be allowed, but no building permits <br /> issued, it would appear the property division, in concept is a valid and proper use of <br /> the land. The question I ask is if my client builds a house on the property and then <br /> applies for a Minor Subdivision, would it be allowed. Farm land would not be taken <br /> out of production since a home would already be in existence. The spirit of the <br /> Williamson Act would be upheld. This same logic has just be implemented on <br /> another Williamson Act project in this County (see PA-02-657). Also, does the fact <br /> that no title transfer will occur have any bearing on the County Counsel's opinion. <br />